Terms of service
Reviewed for the current release
These terms govern access to Heard Hotline, a whistleblower intake and case management service provided by PerformancePoint LLC. By subscribing, or by using a console account issued under a subscription, you agree to them.
The service
We provide hosted intake portals, anonymous two-way messaging, case management, SLA tracking, an append-only audit ledger, and reporting. Features are delivered as a subscription; we may improve or change functionality provided we do not materially reduce the security or audit properties described in your order.
Roles
Subscriber — the organization that publishes a portal. The subscriber is the data controller for its reports and is responsible for investigating them, meeting its statutory deadlines, and preventing retaliation.
PerformancePoint LLC — the processor. We host the service, protect the data, and preserve the audit record. We do not investigate reports or make employment decisions.
Acceptable use
- Do not use the service to unmask an anonymous reporter or to retaliate against one.
- Do not attempt to alter, delete, or reconstruct audit ledger entries, or to circumvent tenant isolation.
- Do not upload malware or content you have no lawful right to disclose.
- Console accounts are personal. Do not share credentials; every action is attributed to the signed-in account.
Reporter conduct
Reports must be made in good faith. Knowingly false reports may be referred by the subscriber for disciplinary or legal action. Good-faith reporters are protected by applicable whistleblower law regardless of whether the concern is substantiated.
Availability and support
We target 99.9% monthly availability for intake and status portals, excluding scheduled maintenance announced in advance. Intake availability is prioritised above all other functions: if the console is degraded, the reporting portal is kept online.
Data, export and termination
Subscriber data belongs to the subscriber. Case dossiers and CSV extracts can be exported from the console at any time. On termination we retain data for 30 days to allow export, then delete it, except where a legal hold or statutory obligation requires longer.
Fees
Fees, portal counts, and term are set out in the applicable order. Fees are payable in advance and are non-refundable except where required by law. We may suspend access for non-payment after written notice, but will not take an intake portal offline without giving the subscriber a reasonable opportunity to redirect reporters.
Warranties and liability
The service is provided with reasonable skill and care. To the fullest extent permitted by law, we exclude implied warranties, and our aggregate liability is limited to the fees paid in the twelve months preceding the claim. Neither party limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot lawfully be limited.
Governing law
These terms are governed by the laws of the state in which PerformancePoint LLC is organised, without regard to conflict of law rules. Nothing here deprives a reporter of rights available to them under mandatory local law.