InReach Solutions' Terms of Service

Software Agreement

By using SAM or any products or services by InReach Solutions, you are agreeing to the following terms and conditions.

Updated: November 1, 2023

1 ) Definitions

“We”, “Our”, “InReach”, or “InReach Solutions” means InReach Solutions, LLC.

“You”, “Your”, “Client”, means the person or agency that is party to a SAM Agreement to use SAM or other services of InReach Solutions.

“SAM” or “SAM Site" is the software application owned by InReach Solutions which is hosted by InReach Solutions and makes available certain of the Services.

“SAM Agreement” means that SAM Overview & Agreement that has been delivered to and executed by an authorized representative of the Client, further specifying the Services that Client is agreeing to purchase from InReach Solutions.

“User” means the member of a Client Organization that has purchased a subscription to access SAM for case management purposes, and who has been granted access to SAM by the Client.

“End User” means a person who has been granted access to SAM that is not a member of the Client Organization. End Users are granted limited access as defined by the Client to enter information into the system through public forms. Access granted for any purpose will be governed by the Terms of Service.

“SAM Lead” means a User with Full Admin permissions.

“Record” means any data entered into your SAM site.

“Services” means all products or services provided by InReach Solutions.

2) Fees

We have a platform fee for SAM determined by the total number of Users with active logins. Additional Users over the 10 included have a variable rate depending on the platform, permission level, and enabled features set by the Client. All fees are determined by the usage information collected on the final day each month.

Current pricing can be found at https://inreachsolutions.com/pricing.

3) Professional Services

a) Support

Support level (free or paid) is determined by InReach Solutions’ staff after it has been received and reviewed. Paid support is logged at a 15-minute minimum then in 5-minute intervals after our staff finishes the request. The rate for paid email support is $110/hour.

One-on-one support may be requested by scheduling directly at inreachsolutions.com/schedule for consultation or implementation. These calls are $175/hour.

b) Paid Support includes, but is not limited to:

Consultation and strategy regarding your SAM setup.
Requested customization of your SAM Site, such as the creation, modification, restoration or removal of records, documents, fields, reports, forms, or templates.
Troubleshooting and/or repair of issues not caused by software defects.

c) Free Support includes, but is not limited to:

Email Support tickets that do not require our staff to login to your SAM site, such as answers to general “how to” questions.
Guides and instructional videos on a variety of SAM topics are available for all Users 24/7 at support.inreachsolutions.com.
Support tickets our team determines to be caused by software defects. Our team will provide a workaround whenever possible until a permanent fix is available. Due to the complex nature of software development, we cannot guarantee a timeline for if or when a bug will be resolved.

d) Support Scope

Our team is happy to provide assistance with InReach Solutions products. SAM may be customized for Your needs. Be aware that customizations made or requested by You may cause unexpected behavior and/or interfere with future updates. In these cases, Our staff may require that the customization be removed or can assist You with removal/repair at the support rate.

We are unable to assist with issues that fall outside our scope of support. These issues include, but are not limited to:

Recommending, assessing or troubleshooting third-party applications or software such as email providers, web browser plugins / add-ons.
Troubleshooting or repair of assets not created with InReach Solutions products.
Modifications to or requests for HTML, CSS, or other custom code, unless the code is part of a custom development project agreed to by both parties.
Troubleshooting or repair of any third party or added code.
Use of InReach Solutions products in illegal and unauthorized ways.

e) Custom Development

Custom Development requests must be approved by both parties in writing in the form of a separate Custom Development Agreement specific to the project. Project quotes are for estimation purposes only. Fifty percent (50%) of the quoted project cost is due upfront with the remaining payment due upon completion, unless an alternative payment schedule is printed and agreed to in the Custom Development Agreement. Custom development work is billed at $175/hour or quoted per project.

f) Data Migration

Data migration work is billed at $175/hour or quoted per project. Once a migration has been completed, the Client will be provided with instructions via email to review and approve the migration. After ten (10) business days have passed the migration is considered approved even if the approval form has not been returned by the Client. If after the ten (10) day approval window, the Client requests migration changes or data cleanup, the work will be conducted at the service level determined by InReach Solutions’ staff.

4) Billing & Payment

Fees are invoiced monthly along with other products and services provided by InReach, except at the onset of services.

Payments are due on receipt. If payments are not received within 30 days of billing, a 2% late fee will be assessed. The late fee will continue to accrue on the total monthly until paid. We reserve the right to suspend or cancel Your access to Services for unpaid accounts. To enable a disabled system, missed payments must be made along with a $250 reinstatement fee.

InReach Solutions will accept prepayment for 12 months estimated usage at a discounted rate when prepayments are made for $10,000 or more. Prepayments are applied as a credit against future usage charges and are non-refundable. Prepayment does not lock-in usage rates. The prepayment amount is calculated based on the prior month's usage charges or an estimate of anticipated usage for new clients. Prepayments do not apply to support time logged.

InReach Solutions accepts payments via ACH, credit card, or check. Payments and fees are non-refundable except as otherwise expressly provided herein. If You settle your invoices via credit card, debit card, or other payment card (collectively, “Payment Card”), You hereby authorize InReach Solutions (or its designee) to automatically charge Your Payment Card in accordance with Your SAM Agreement. If Your payment is not successfully settled for any reason, You remain responsible for any amounts not remitted to InReach Solutions.

To view, update or change Your contact or billing information You may do so by sending a Support request or emailing us at support@inreachsolutions.com.

5) Modifications to Cost or Service

InReach Solutions reserves the right at any time to modify or discontinue any/all Services with or without notice. Notice will be given of at least 30 days prior to any price changes.

Updates and upgrades to SAM or other services of InReach Solutions are made at the discretion of InReach Solutions.

6) Cancellation / Termination

Service may be canceled at any time. To cancel service, send a support request or email to support@inreachsolutions.com. A final invoice reflecting Your last month’s usage will be sent and must be paid in full in order to receive backup and/or export services.

An export of Your data may be requested by sending an email or support ticket within 30 days of termination. The export will be supplied in a digital media format within 30 days from request. An Export Service Fee of $300 and all Service costs must be paid in full in order for You to receive the export of data. Additional exports will incur an additional Export Service Fee. Thirty (30) days after canceling service, your data and backups will be removed from our servers and will no longer be available for export.

7) User Management & Security Settings

a) User Management

SAM Leads are responsible for user management, including enabling Users, managing permissions and settings, and disabling Users. InReach Solutions is not liable for Users that have access beyond a terminated working arrangement with the Client.

Usage costs are determined by the number of users that have access to Your SAM site. InReach Solutions will not adjust usage from a failure to manage access to Users and the User’s settings.

b) Security

The designated SAM Lead is responsible for ensuring each User implements a strong password. SAM accounts are not meant to be shared between Client Users. InReach Solutions staff does not reset User passwords. Clients are responsible for all security settings for SAM, and must notify InReach Solutions within 48-hours of any known unauthorized User access.

c) Modifying Default Settings

InReach Solutions takes security very seriously, and sets the SAM default security settings accordingly. The designated SAM lead is responsible for adopting the default security settings, or modifying those settings to align with the client’s internal policy. These default setting modifications include:

Allowing Users to enable “Remember this device” for MFA
Maintaining a password blacklist
Changing the session auto logout time
Enabling Cross submit on public forms

If any security settings are modified from the recommended defaults, You agree to indemnify and hold harmless InReach Solutions from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your modification of those default security settings.

8) Email Importing and Email Sending Use

Email Sending and/or Email importing are features that can be enabled for your SAM site by a SAM Lead or other User.

When enabled, SAM acts as an email client by connecting to your email provider using the credentials Users provide. All emails sent out are using your email provider. Email importing allows users to record communications that transpired between a User and a record in SAM.

a) Restrictions on use, but are not limited to, the following:

Policies set by your email provider
Using the email functions to send out spam or unsolicited messages
Email sending features are not to be used as an email marketing solution
Emails should be limited to 20 at a time

Using SAM outside of the intended features may also violate your email provider’s Terms of Service. If you are unsure about what is allowed under your email provider, contact them for more information.

b) Prohibited Use

You may use Services only for lawful purposes and in accordance with these Terms. You agree not to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject InReach Solutions to liability. You agree not to use our Services:

In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the
US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable information, or
otherwise.
In any manner that could disable, overburden, damage, or impair the Service or interfere with
any other party’s use of the Service, including their ability to engage in real time activities
through the Service.

Additionally, you agree not to:

Use any robot, spider, or other automatic device, process, or means to access SAM for any purpose, including monitoring or copying any of the data on SAM.
Use any device, software, or routine that interferes with the proper working of the Service.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the servers on which SAM is stored, or any server, computer, or database connected to the Service.
Engage in phishing or identity theft activities.
Distribute pornography or adult-related content, or offer any adult escort services.
Infringe on the intellectual property or proprietary rights of others.

You may only use the Service for its intended use. Any other use that is not defined here may result in your Services being revoked.

9) Privacy and Data Management

InReach Solutions will at all times be committed to ensuring the privacy of information. Any information submitted by You will only be used in the manner intended or as described in these Terms of Service.

InReach Solutions acts only as a processor of personal information, and does not directly collect, transfer, or control the personal information of Users, End Users, or Your Records.

Credit card and financial bank account numbers cannot be added to SAM as custom field(s). InReach Solutions is not a payment processor and the use of SAM does not require such data collection. Failure to comply with this requirement may result in termination of Your SAM site.

For more information about how InReach Solutions uses and discloses Your information, please see our Privacy Policy. Please note that the InReach Solutions Privacy Policy only covers personal information as defined in the Privacy Policy. The Client’s Privacy Policy controls with respect to End User personal information and any information entered by the Client into their SAM site. Entry of End User personal information in any manner or for any purpose other than as authorized by the Privacy Policy is a violation of these Terms of Service.

InReach Solutions cannot and will not accept liability for the loss of client data through general use, hacking, or server failure. In the event that We discover a data breach, We will notify the main contact on record of all affected Client organizations as required by law.

Sending Support requests that include personal information of End Users is a violation of these Terms of Service.

InReach Solutions will aim to provide a service availability of 99%, however, in the event of outage or server access issue, InReach Solutions will not and cannot be held liable for data loss, but will act immediately to restore Your server access.

10) Ownership

Any data entered into Your SAM Site is Your property and Your confidential information, and neither Our company, employees or others contracted by Us will modify or distribute Your data without Your consent. At times Our staff may need to enter Your SAM Site to complete support requests, conduct routine maintenance, upgrades, and/or inspection.

Any and all code, including the look and feel of SAM is owned by and is the intellectual property of InReach Solutions. You may not duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or code without written consent from InReach Solutions. Redistribution of Your SAM Site is prohibited.

If You ask Us to develop specific features or other improvements to SAM, or offer suggestions about how to improve the SAM Site, You agree that the results of that work will be wholly owned by InReach Solutions. To the extent that You can’t assign the rights to us, You hereby grant InReach Solutions a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate any suggestions, features, improvements, recommendations or other feedback provided by You or Your Users relating to the SAM software.

11) HIPAA

Some of the information recorded, posted, or otherwise communicated could be considered Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). InReach Solutions is a business associate and follows guidelines set by HIPAA. InReach Solutions is focused on maintaining the privacy and confidentiality of a Protected Health Information that may be entered into SAM Sites during the provision of Services, but You are solely responsible for determining whether the Services are appropriate for Your needs.

12) Terms of Service

You may use Your SAM account only for case management purposes on behalf of the Client organization, and not for any illegal or unauthorized purpose.

Your use of Our Services is at Your sole risk. The Service is provided on an “as is” and “as available” basis. InReach Solutions cannot warrant that the Service will meet all of Your specific requirements, or that the Service will be uninterrupted, timely, secure or error-free. InReach Solutions cannot warrant that results that may be obtained from the use of the Service will be accurate or reliable.

You expressly understand and agree that InReach Solutions shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if InReach Solutions has been advised of the possibility of such damages, resulting from any matter relating to the Services provided.

Our sole and entire maximum liability, for any reason, and Your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid for Services received in the prior month.

In the event of a dispute of these Terms of Service, both parties agree to endeavor to settle the dispute amicably through mutual consultation. If an agreement cannot be reached within thirty (30) business days, either party may seek binding arbitration in InReach Solutions, LLC’s current registered state through the American Arbitration Association. A decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. Each party in any arbitration shall pay their own attorneys’ fees, and all other expenses incurred directly or indirectly in connection with the proceedings.

Both parties agree not hold each other responsible for failure to fulfill the terms of these Terms of Service when prevented by circumstances out of their control, except payments due for the provision of the Services.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD INREACH SOLUTIONS, LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, OR REPRESENTATIVES (AND ALL SUCCESSORS AND ASSIGNS OF ANY OF THE FOREGOING), HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, MADE BY ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THE SERVICES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS OR SERVICE OR INREACH SOLUTIONS, LLC’S PRIVACY POLICY, YOUR VIOLATION OF AN APPLICABLE LAW, YOUR SUBMISSION, POSTING, OR TRANSMISSION OF USER CONTENT TO THE SERVICES, AND/OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT, YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

InReach Solutions reserves the right to amend these Terms, to introduce policies which supplement these Terms, and to clarify the meaning of these terms at any time without notice, which will be provided electronically. Any new features that augment or enhance the current Service or the release of new tools are subject to these Terms of Service. The failure of InReach Solutions to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. The terms of these Terms of Service also apply to future contracts for additional Services procured from InReach Solutions unless otherwise stated. If You do not agree to such an amendment to these Terms, Your sole recourse will be to cancel Your subscription.

Violation of any terms may result in the suspension or termination of Your SAM Site or Services at InReach Solution’s sole discretion. Please see the section titled “Cancellation/Termination” for Your rights and obligations upon termination for any reason.

13) Acceptance of Terms

By using or accessing the Services, You are agreeing to these Terms. You must agree with all of the terms applying to Your use of our Services as amended from time to time by InReach Solutions.