HEATSHIELD TERMS OF SERVICE

Last Updated: 2.27.26

These Terms of Service (“Terms”) govern access to and use of the HeatShield platform, including:

HeatShield is operated by Learning Linq Creative Partners LLC (“Company,” “we,” “us,” or “our”).

By creating an account or using the platform, you agree to these Terms.


1. Nature of the Platform

HeatShield is a subscription-based SaaS platform that provides:

  • WBGT heat stress estimation tools

  • Organizational dashboards

  • Persistent saved assessments

  • Employee and team records

  • Incident reporting (if enabled)

  • SCORM-based safety training modules

  • Administrative reporting

  • Automated weather monitoring alerts

HeatShield is not a medical device and is not an OSHA-certified calculator.


2. Accounts & Organizational Responsibility

2.1 Account Registration

To access the Application or Training Portal, users must create an account.

You agree to:

  • Provide accurate registration information

  • Maintain confidentiality of credentials

  • Notify us of unauthorized access

Passwords are encrypted and stored using industry-standard hashing protocols.


2.2 Organizational Accounts (Multi-Tenant)

HeatShield operates as a multi-tenant platform.

Each organization is assigned a unique org_id. Data isolation is enforced at the database level.

Organization administrators are solely responsible for:

  • Managing user access

  • Granting and revoking employee accounts

  • Ensuring appropriate internal data controls

  • Supervising safety decision-making

The Company does not monitor day-to-day internal safety decisions.


3. Heat Stress Calculations & Compliance Disclaimer

HeatShield provides estimated Effective WBGT values derived from:

  • Public weather APIs

  • User-entered environmental inputs

  • Conservative radiant heat adjustments

  • Clothing and workload adjustments

These estimates:

  • Are for planning and documentation purposes only

  • Do not replace calibrated WBGT instruments

  • Do not guarantee OSHA compliance

  • Do not constitute legal or medical advice

Employers remain solely responsible for:

  • Regulatory compliance

  • Worker safety decisions

  • Emergency response procedures

  • Implementation of heat illness prevention programs


4. Training Portal & SCORM Content

The Training Portal delivers SCORM-based learning content.

Access controls include:

  • Authenticated session gating

  • Signed CloudFront cookies

  • Authorized upload boundaries

Training completion data is stored within the organization’s tenant environment.

HeatShield does not guarantee:

  • Continuing education approval in any jurisdiction

  • State-specific compliance credit eligibility

Organizations are responsible for verifying training acceptance by regulators.


5. Data Storage & Backups

HeatShield uses:

  • External PostgreSQL database (production VPS)

  • Automated daily encrypted backups to AWS S3

  • Role-based access controls

  • JWT-based authentication

  • Tenant-isolated database queries

Backups are maintained for operational continuity but are not a substitute for the customer’s own compliance archiving obligations.


6. Monitoring & Automated Alerts

HeatShield includes:

  • Automated WBGT calculated weather monitoring (HeatShield does not employ WBGT measuring devices)

  • Background workers executing periodic checks

  • Email alerts triggered by system-defined thresholds

Alerts are informational only.

The Company is not liable for:

  • Missed alerts

  • Email delivery delays

  • ISP filtering

  • System outages beyond reasonable control

  • Incorrect weather data provided by weatherapi.com

Organizations must maintain independent safety supervision procedures.


7. Acceptable Use

You may not:

  • Attempt cross-tenant data access

  • Reverse engineer the platform

  • Bypass SCORM content restrictions

  • Attempt path traversal or CDN exploitation

  • Use the system for unlawful purposes

Violation may result in immediate termination.


8. Security

The platform employs:

  • Bcrypt password hashing

  • Minimum-length JWT secrets

  • Signed content cookies

  • HTTPS encryption

  • Access controls

  • Error logging via Sentry

  • Behavioral analytics via PostHog

No system is guaranteed 100% secure. Use is at your own risk.


9. Data Ownership

Organizations retain ownership of:

  • Uploaded employee data

  • Assessment records

  • Training completion records

  • Incident reports

The Company retains ownership of:

  • Platform software

  • Calculation logic

  • UI/UX designs

  • Aggregated anonymized usage analytics


10. Subscription, Billing & Payments

10.1 Payment Processor

All subscription payments are processed securely through Stripe, Inc. (“Stripe”). By purchasing a subscription, you agree to Stripe’s Terms of Service and Privacy Policy. HeatShield does not store full credit card numbers on its servers.


10.2 Subscription Plans

Access to the HeatShield platform requires an active paid subscription unless otherwise stated.

Subscription details, including:

  • Pricing

  • Billing interval (monthly or annual)

  • Included features

  • Usage limits

are displayed at the time of purchase.

All fees are quoted in U.S. Dollars unless otherwise specified.


10.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless canceled prior to renewal.

By purchasing a subscription, you authorize HeatShield and Stripe to:

  • Charge your designated payment method

  • On a recurring basis

  • Without additional authorization

  • Until you cancel

Renewal charges will be processed on or about the anniversary date of your billing cycle.


10.4 Billing Authorization

You represent and warrant that:

  • You are authorized to use the payment method provided

  • Billing information is accurate and current

If payment fails, HeatShield may:

  • Retry the charge

  • Suspend account access

  • Downgrade features

  • Terminate the subscription after reasonable notice

Access may be restored upon successful payment.


10.5 Upgrades & Downgrades

If you upgrade your subscription:

  • The new rate may be prorated for the remainder of the billing period

  • Stripe may immediately charge the difference

If you downgrade:

  • Changes typically take effect at the next billing cycle

  • No partial refunds are provided unless required by law


10.6 Cancellations

You may cancel your subscription at any time through your billing portal or by contacting support.

Upon cancellation:

  • Access remains active until the end of the current billing period

  • No further charges will be applied

  • No refunds are issued for partial billing periods unless required by law


10.7 Refund Policy

Except where required by applicable law:

  • All payments are non-refundable

  • No refunds are issued for unused time

  • No credits are issued for partial subscription periods

Enterprise contracts, if applicable, may be governed by separate written agreements.


10.8 Taxes

You are responsible for any applicable:

  • Sales taxes

  • VAT

  • Local, state, or federal taxes

Stripe may calculate and collect taxes where legally required.


10.9 Chargebacks & Disputes

Initiating a chargeback without first contacting HeatShield may result in:

  • Immediate account suspension

  • Investigation of billing activity

  • Potential permanent termination

We reserve the right to dispute improper chargebacks.


10.10 Pricing Changes

HeatShield reserves the right to modify subscription pricing.

If pricing changes:

  • Existing customers will receive advance notice

  • New pricing will apply at the next renewal date

Continued use after renewal constitutes acceptance of the new pricing.


11. Limitation of Liability

To the maximum extent permitted by law:

HeatShield shall not be liable for:

  • Workplace injuries

  • Regulatory penalties

  • OSHA citations

  • Indirect or consequential damages

  • Business interruption

  • Lost profits

Total liability shall not exceed fees paid in the preceding 12 months.


12. Indemnification

You agree to indemnify and hold harmless Learning Linq Creative Partners LLC from claims arising from:

  • Your safety decisions

  • Improper use of the platform

  • Failure to follow regulatory requirements

  • Misrepresentation of compliance status


13. Termination

We may suspend or terminate accounts for:

  • Security violations

  • Non-payment

  • Abuse of the platform

Upon termination, data retention is governed by the Privacy Policy.


14. Governing Law

These Terms are governed by the laws of the State of South Carolina


ADDITION 1 — BUSINESS USE ONLY CLAUSE

(Add as a standalone section in Terms)

15. Business Use Only

HeatShield is intended solely for business, commercial, and organizational safety management use.

The platform is not intended for:

  • Personal, household, or consumer use

  • Individual medical decision-making

  • Recreational heat monitoring

  • Non-employer safety evaluation

By using HeatShield, you represent and warrant that:

  • You are using the platform on behalf of a business, employer, or organization

  • You have authority to bind that organization to these Terms

  • You are not using the platform as an individual consumer

HeatShield disclaims all warranties and protections that may otherwise apply to consumer transactions under applicable consumer protection laws.

If you are an individual consumer, you may not use this platform.


16. HIPAA & Protected Health Information

HeatShield is not designed to be a HIPAA-compliant system and does not operate as a Covered Entity or Business Associate as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

The platform is not intended to store or process:

  • Protected Health Information (“PHI”)

  • Medical diagnoses

  • Treatment records

  • Clinical health data

Organizations are strictly prohibited from entering PHI into the platform.

Any health-related notes or incident logs must be limited to operational safety documentation and must not include medical records, diagnoses, or treatment details.

If a user submits PHI in violation of this provision:

  • HeatShield assumes no responsibility for safeguarding such PHI

  • The organization remains solely responsible for compliance obligations

  • HeatShield may delete such data without notice

HeatShield does not sign Business Associate Agreements (BAAs).


HEATSHIELD DATA PROCESSING ADDENDUM (DPA)

This Data Processing Addendum (“DPA”) forms part of the HeatShield Terms of Service and applies to Enterprise Customers.

1. Roles

  • Customer = Data Controller

  • HeatShield (Learning Linq LLC) = Data Processor

HeatShield processes personal data solely on behalf of Customer.


2. Scope of Processing

HeatShield processes:

  • User account data

  • Employee records entered by Customer

  • Training completion records

  • Assessment logs

  • Incident documentation (non-PHI)

  • Authentication and system logs

Processing is limited to providing platform functionality.


3. Data Location

Data is stored in:

  • Production PostgreSQL database (U.S.-based VPS)

  • Encrypted S3 backups (U.S.)

  • CDN-delivered SCORM content via AWS CloudFront

Data is not intentionally transferred outside the United States.


4. Security Measures

HeatShield implements:

  • Encrypted HTTPS transmission

  • Bcrypt password hashing

  • JWT authentication enforcement

  • Tenant-level data isolation (org_id enforcement)

  • Signed CloudFront cookies for training access

  • Automated database backups

  • Role-based access controls

  • Monitoring via Sentry and system heartbeat logging

Customer acknowledges that no system is 100% secure.


5. Subprocessors

HeatShield uses the following subprocessors:

  • AWS (S3, CloudFront)

  • VPS hosting provider

  • Stripe (billing)

  • Resend (email delivery)

  • Sentry (error monitoring)

  • PostHog (analytics)

HeatShield requires subprocessors to maintain reasonable security controls.


6. Data Subject Rights

HeatShield will assist Customer in responding to:

  • Access requests

  • Correction requests

  • Deletion requests

Customer remains responsible for verifying the identity of requestors.


7. Data Retention & Deletion

Upon termination of services:

  • Customer may request data export within 30 days

  • After 30 days, data may be permanently deleted

  • Backup retention follows standard rotation cycles


8. Incident Notification

In the event of a confirmed security breach affecting Customer data, HeatShield will:

  • Notify Customer without undue delay

  • Provide known details of the incident

  • Take commercially reasonable remediation steps


9. Liability

Liability under this DPA is subject to the limitation of liability in the main Terms of Service.

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