Terms of Service

1. Overview

These Service Terms explain the basic terms that apply when a Customer uses ReachWell's communication, translation, outreach, engagement, notification, and community information platform.

These terms are intended to work with the Customer's order form, statement of work, subscription agreement, data processing agreement, business associate agreement, student data privacy agreement, or other written agreement with ReachWell.

If there is a conflict between these Service Terms and a signed agreement between ReachWell and the Customer, the signed agreement controls.

2. The ReachWell Services

ReachWell may provide tools for:

• SMS/text messaging;
• email messaging;
• app push notifications;
• voice calls;
• two-way messaging;
• translated communication;
• forms and surveys;
• calendars and events;
• resource libraries;
• QR code and web sign-up;
• contact management;
• group management;
• delivery and engagement reporting;
• integrations, imports, exports, APIs, SFTP, webhooks, or data syncs;
• support, onboarding, training, and related services.

Specific features, usage limits, channels, integrations, and support levels may depend on the Customer's plan, order form, configuration, and applicable agreement.

3. Customer Data Ownership

The Customer owns and controls its Client Contact Data, message content, recipient lists, groups, files, forms, surveys, resources, and other content submitted to ReachWell.

ReachWell may use Customer Data only to provide, secure, support, maintain, improve, and report on the services; comply with law; enforce agreements; and perform other activities permitted by the Customer's agreement with ReachWell.

ReachWell does not sell, rent, trade, or independently market to the Customer's contacts.

4. Customer Responsibilities

The Customer is responsible for:

• ensuring it has the appropriate authority or legal basis to upload, import, sync, collect, and use contact information;
• ensuring message content is accurate, appropriate, and lawful;
• choosing which contacts, groups, and channels receive communications;
• honoring applicable opt-out, unsubscribe, and communication preference requests;
• managing administrator and staff access;
• keeping login credentials secure;
• using ReachWell only for lawful purposes;
• complying with laws and rules that apply to its organization, industry, contacts, and communications;
• obtaining any required consents, notices, approvals, or authorizations;
• reviewing translations when accuracy is important for safety, legal, health, benefits, emergency, or other critical communications.

5. Acceptable Use

Customers and Platform Users may not use ReachWell to:

• send unlawful, deceptive, harassing, abusive, discriminatory, or harmful content;
• send spam or unauthorized marketing;
• upload purchased, scraped, stolen, or unlawfully obtained contact lists;
• impersonate another person or organization;
• interfere with the security or operation of the platform;
• attempt to access data or accounts without authorization;
• upload malware or harmful code;
• violate carrier rules, email rules, anti-spam laws, privacy laws, student privacy laws, healthcare privacy laws, or other applicable laws;
• use ReachWell in a way that creates unreasonable risk to recipients, Customers, ReachWell, or third parties.

ReachWell may suspend or limit access if it reasonably believes the service is being misused, abused, attacked, or used in violation of these terms, applicable law, carrier rules, or a Customer agreement.

6. Communication Channels and Carrier Rules

ReachWell may rely on third-party providers, carriers, email providers, app stores, voice providers, hosting providers, and other vendors to deliver communications.

Delivery of SMS, email, app, voice, or other messages is not guaranteed. Delivery may depend on recipient devices, carrier rules, spam filters, email filtering, app permissions, phone number validity, recipient preferences, network availability, and third-party systems.

Customers are responsible for using communication channels appropriately and complying with applicable channel-specific rules, including rules for SMS opt-in, opt-out, emergency communication, marketing communication, and prohibited content.

7. Text Messaging (SMS)

If you receive text messages through ReachWell, they are sent on behalf of your school, district, or organization. You may receive them because you signed up, or because your school, district, or organization added you, for example from its student, family, or staff records. These messages may include announcements, reminders, schedule changes, and emergency or safety alerts.

Message frequency varies. Message and data rates may apply.

Text STOP to opt out at any time. After you text STOP, you will not receive further text messages from that number, including emergency alerts, until you text START to opt back in. ReachWell cannot override a STOP request for that number.

Text HELP for help, or contact ReachWell at support@reachwellapp.com.

Mobile phone numbers and SMS opt-in consent will not be shared with or sold to third parties or affiliates for marketing or promotional purposes.

8. Translation

ReachWell may provide automated translation, human-reviewed translation, customer-edited translation, or other language access tools.

Translations may not be perfect. Customers are responsible for reviewing translated content when accuracy is critical, including for health, safety, emergency, legal, benefits, enrollment, discipline, eligibility, or other high-impact communications.

ReachWell is not a substitute for professional legal, medical, emergency, or certified translation review when such review is required.

9. Integrations and Data Syncs

ReachWell may support integrations, APIs, SFTP, CSV imports, exports, webhooks, or syncs with Customer systems or third-party platforms.

The Customer is responsible for ensuring it is authorized to connect those systems and share data with ReachWell.

ReachWell is not responsible for errors, outages, inaccuracies, duplicate records, stale data, or unauthorized changes caused by Customer systems, third-party platforms, incorrect configuration, or data provided by the Customer.

10. Account Access and Permissions

Customers are responsible for assigning and managing administrator, staff, partner, and user access within ReachWell.

Customers should provide access only to people who need it and should promptly remove access when a user changes roles or leaves the organization.

ReachWell may rely on actions taken by authorized users within a Customer account.

11. Support and Service Changes

ReachWell may provide support, onboarding, training, documentation, or account management depending on the Customer's plan and agreement.

ReachWell may improve, update, modify, replace, or discontinue features from time to time. ReachWell will use reasonable efforts to avoid materially reducing core paid functionality during an active subscription term without notice or replacement functionality.

12. Fees and Payment

Fees, billing dates, payment terms, taxes, renewal terms, cancellation terms, and usage charges are governed by the Customer's order form, invoice, subscription agreement, or signed contract.

Unless otherwise stated in a signed agreement, fees are non-refundable once the applicable subscription or service period begins.

13. Confidentiality

Each party may receive confidential information from the other. Confidential information may include business information, technical information, pricing, product plans, security information, Customer Data, and other non-public information.

Each party will use reasonable care to protect the other party's confidential information and will use it only for purposes related to the services or the agreement.

14. Security

ReachWell will maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data.

Customers are responsible for configuring accounts appropriately, managing access, protecting passwords, and notifying ReachWell promptly of suspected unauthorized access.

15. Compliance with Laws

Each party is responsible for complying with the laws that apply to it.

The Customer is responsible for compliance with laws related to its recipients, contact lists, message content, communication purpose, industry, and legal authority to communicate.

ReachWell is responsible for complying with laws that apply to ReachWell as a service provider and data processor.

Additional data protection agreements may apply for certain Customers or use cases, including student data privacy agreements, data processing agreements, business associate agreements, or public-sector contract terms.

16. Privacy

ReachWell's Privacy Policy explains how ReachWell collects, uses, protects, and shares information.

The Customer is responsible for providing any privacy notices required for its own use of ReachWell and for explaining to recipients how the Customer uses ReachWell to communicate with them.

17. Intellectual Property

ReachWell owns the ReachWell platform, software, technology, documentation, trademarks, product names, and related intellectual property.

Customers own their Customer Data and message content.

Customers grant ReachWell the limited right to process Customer Data and content as needed to provide the services and fulfill the agreement.

18. Feedback

If a Customer or user provides feedback, suggestions, or ideas about ReachWell, ReachWell may use that feedback without restriction or compensation, unless otherwise agreed in writing.

19. Disclaimers

ReachWell provides the services using reasonable care, but the services are provided without warranties except as expressly stated in a signed agreement.

ReachWell does not guarantee that messages will always be delivered, translations will always be perfect, third-party systems will always be available, or the services will be uninterrupted or error-free.

ReachWell is not responsible for Customer message content, Customer contact lists, Customer decisions about who receives messages, or Customer compliance obligations.

20. Limitation of Liability

21. Termination

The Customer's subscription or service access may end according to the applicable order form, contract, or subscription terms.

Upon termination, ReachWell may deactivate access and retain, export, or delete Customer Data according to the applicable agreement, legal obligations, and ReachWell's data retention practices.

22. Contact

Questions about these Service Terms may be sent to:

ReachWell
1501 W Campus Dr., Ste. L
Littleton, CO 80120
Email: info@reachwellapp.com
Support: support@reachwellapp.com