Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CollectorBench software, website, and services (collectively, the "Service") operated by CollectorBench LLC ("CollectorBench," "we," "us"). By creating an account, signing an order form, or using the Service, you ("Customer," "you") agree to these Terms.

1. What CollectorBench is

CollectorBench is software that helps clinics and collection sites manage donor check-in, queue management, employer notification, and recordkeeping. We are a software vendor only. We do not provide medical advice, drug or alcohol testing services, Medical Review Officer (MRO) services, Substance Abuse Professional (SAP) services, or Consortium/Third-Party Administrator (C/TPA) services. We are not a covered entity under HIPAA.

2. Your responsibilities

You are solely responsible for:

• Operating your clinic in compliance with all applicable laws, including 49 CFR Part 40, 14 CFR Part 120, FAA Order 9120.1D, FMCSA regulations, and state law;
• The accuracy of data you enter into the Service;
• Maintaining your own records as the legal custodian of records under 49 CFR §40.333 and any other applicable retention rule;
• Obtaining any consent required from donors before collecting their information;
• Maintaining the confidentiality of staff PIN codes and account credentials.

3. Data Customer puts into the Service

The Service is designed to collect a limited set of information: donor name, employer name, reason for test, and donor signature. You agree not to upload Social Security numbers, dates of birth, medical results, lab data, or protected health information (PHI) into the Service. If you upload such data in violation of these Terms, you do so at your own risk and indemnify CollectorBench against any resulting claims.

4. Acceptable use

You agree not to: (a) use the Service for any unlawful purpose; (b) reverse engineer or attempt to extract source code; (c) resell or sublicense the Service without written permission; (d) interfere with the security or operation of the Service; (e) use the Service to send spam or harass any person.

5. Fees and payment

Fees are billed monthly in advance through Stripe. All fees are non-refundable except as expressly stated in our Refund Policy. If payment fails, we may suspend the Service after written notice. You authorize us to charge the payment method on file for recurring fees until you cancel.

6. Term and termination

These Terms remain in effect while your account is active. Either party may terminate at any time by written notice. On termination, you may export your data for 30 days; after 30 days we may delete it. We may suspend or terminate immediately for material breach, non-payment, or abuse.

7. Ownership

You own all data you enter into the Service ("Customer Data"). You grant us a limited license to host, process, and display Customer Data solely to operate the Service for you. We own the Service, including all software, designs, and trademarks.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE FROM HARMFUL CODE. THE SERVICE IS NOT A SUBSTITUTE FOR LEGAL, MEDICAL, OR REGULATORY ADVICE.

Customer is solely responsible for determining whether the Service meets its regulatory obligations under 49 CFR Part 40, 14 CFR Part 120, FAA Order 9120.1D, FMCSA regulations, state law, and any other applicable rule. We make no representation that use of the Service alone makes Customer compliant with any law, regulation, audit standard, or contract.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COLLECTORBENCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, REGULATORY FINES OR PENALTIES, OR THIRD-PARTY CLAIMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You will defend, indemnify, and hold harmless CollectorBench from any third-party claim arising from (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any law, or (d) Customer Data, including data you uploaded in violation of Section 3.

11. Governing law and dispute resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in Miami-Dade County, Florida, before one arbitrator. The arbitrator's decision is final and may be entered in any court of competent jurisdiction. Small-claims carve-out: either party may bring an individual claim in small-claims court in Miami-Dade County for any dispute within that court's jurisdictional limits.

Class action waiver. All Disputes must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

Jury trial waiver. If for any reason a Dispute proceeds in court rather than arbitration, both parties knowingly and voluntarily waive any right to a jury trial.

Attorneys' fees. In any action or arbitration to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees, expert fees, and costs from the non-prevailing party, in addition to any other relief awarded.

12. Force majeure

We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, denial-of-service attacks, or the failure of third-party infrastructure providers (including but not limited to Cloudflare, Supabase, Stripe, Resend, AWS, or other cloud or payment vendors). During such events, our obligations are suspended for the duration of the event.

13. Survival

Sections that by their nature should survive termination will survive, including Sections 3 (Data), 5 (Fees and payment), 7 (Ownership), 8 (Disclaimers), 9 (Limitation of liability), 10 (Indemnification), 11 (Governing law and dispute resolution), 12 (Force majeure), this Section 13, and Section 14 (Severability).

14. Severability and waiver

If any provision of these Terms is held invalid or unenforceable by a court or arbitrator, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.

15. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all our assets.

16. Entire agreement

These Terms, together with any Order Form, the Privacy Policy, Refund Policy, Security Page, and MSA referenced on this site, constitute the entire agreement between you and CollectorBench regarding the Service and supersede all prior agreements on the subject.

17. Changes

We may update these Terms. Material changes will be posted on this page with a new effective date and, when reasonable, communicated by email. Continued use after changes means you accept the updated Terms.

18. Contact

CollectorBench LLC · Hialeah, Florida · legal@collectorbench.com