ReportHours Subscription Agreement
1. Who this agreement is between
This Subscription Agreement (the "Agreement") is between LPKN Holdings, LLC, a Texas limited liability company ("LPKN", "we", "us"), and the organization that subscribes to the ReportHours service (the "Customer", "you"). It takes effect when an authorized representative of the Customer accepts it in the ReportHours application or when the Customer first uses the Service, whichever is earlier.
The person who accepts this Agreement represents that they are authorized to bind the Customer. The Customer's administrator account holder is presumed to be that person.
2. The Service
ReportHours is hosted software that lets a nonprofit or community program record, review, and report participant activity hours (the "Service"). The Service is provided as it exists on the date you use it, together with updates we release generally.
ReportHours is a recordkeeping and reporting tool. It does not determine any person's eligibility for a program or benefit, does not certify compliance with any law, grant, or agency requirement, and does not guarantee that any funder or agency will accept records produced with it. Those judgments remain the Customer's responsibility.
3. Subscription, plans, and authorized users
We grant the Customer a non-exclusive, non-transferable right to use the Service during the subscription term for the Customer's own internal program administration, subject to this Agreement.
Each subscription is for one organization and one plan tier. Plan tiers cap the number of active (non-archived) participants; the Service enforces the cap. The Customer may move between tiers as described on the pricing page or by written request. Staff logins (administrators and case managers) are not limited in number.
The Customer is responsible for everyone who uses the Service through its accounts or participant links ("Users"), for keeping credentials confidential, and for removing access for people who leave the organization. The Customer will notify us promptly of any unauthorized use.
4. Customer data and participant information
All information the Customer or its Users enter into the Service, including participant identifiers, names, and hours ("Customer Data"), belongs to the Customer. We do not sell Customer Data and use it only to provide, secure, support, and improve the Service and as this Agreement or the law requires.
The Customer is responsible for having the right to collect and enter Customer Data, including any consent or notice the Customer's own funders, agreements (such as HMIS or Continuum of Care agreements), or laws require. The Customer will not enter data it is not permitted to share with a service provider.
The Service is not designed for protected health information under HIPAA, payment card data, or Social Security numbers, and the Customer agrees not to enter them. If the Customer believes it must, it will contact us first so the parties can decide whether a separate agreement is required.
During the initial phase of the Service, LPKN personnel can view Customer Data through the operator console for support, troubleshooting, and service improvement. We will treat it as confidential and limit access to people who need it.
We keep participant names off printed reports and out of downloadable files by design. The Customer agrees not to include a participant's name in support requests; an HMIS number is sufficient.
5. Security, availability, and backups
We use reasonable administrative, technical, and physical safeguards appropriate to the Service, including encryption in transit, hosting in the United States, access controls, and routine backups with point-in-time recovery. No system is perfectly secure, and we do not promise that unauthorized access will never occur.
If we become aware of a security incident that affects Customer Data, we will notify the Customer's administrator without undue delay and cooperate reasonably in the response.
We aim to keep the Service available at all times but do not guarantee any particular level of availability or response time. We may take the Service offline briefly for maintenance and will try to do so outside normal business hours.
6. Fees, billing, taxes, and renewal
The Customer will pay the fees for its plan tier as published on reporthours.com or stated in an order or invoice. Annual subscriptions are payable in advance; monthly subscriptions are payable monthly in advance. Fees are in U.S. dollars and are non-refundable except as this Agreement expressly provides.
Fees exclude taxes. If a tax applies to the Customer's purchase, the Customer will pay it unless the Customer provides a valid exemption certificate.
Subscriptions renew automatically for successive terms of the same length unless either party gives written notice of non-renewal at least thirty (30) days before the end of the current term. We may change fees for a renewal term with at least forty-five (45) days' written notice.
If fees are more than fifteen (15) days past due, we may suspend access after written notice. During a suspension the Customer's data is retained and read-only access may be provided so the Customer can export what it needs.
7. Acceptable use
The Customer will not (a) use the Service to violate any law or the rights of any person; (b) attempt to gain unauthorized access to the Service or its systems; (c) probe, scan, or test the vulnerability of the Service without our written consent; (d) resell, sublicense, or provide the Service to third parties other than the Customer's Users; (e) copy, modify, reverse engineer, or create derivative works of the Service; or (f) use automated means to extract data from the Service other than through features we provide.
8. Support
Support is provided to the Customer's administrator by email as described on reporthours.com/support, which is incorporated into this Agreement. Case managers and participants receive help from the Customer's administrator and case managers respectively. Optional services are available for the fees stated there.
9. Term, termination, and return of data
This Agreement lasts for the subscription term and any renewals. Either party may terminate it for material breach if the breach is not cured within thirty (30) days after written notice. The Customer may also terminate by not renewing.
On termination or expiration, the Customer's access ends. For thirty (30) days afterward, we will make the Customer's data available for export on request in a common format such as CSV, and we will then delete it from active systems within a further sixty (60) days, except for backups that expire on their normal schedule and records we must keep by law.
Sections 4, 9, 10, 11, 12, 13, and 14 survive termination.
10. Confidentiality
Each party will protect the other's non-public information that it receives under this Agreement with at least the care it uses for its own similar information, and will use it only to perform this Agreement. This does not apply to information that is public through no fault of the receiving party, already known to it without restriction, independently developed, or required to be disclosed by law (with notice to the other party where lawful).
11. Warranty disclaimer
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." LPKN DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. LPKN DOES NOT WARRANT THAT USE OF THE SERVICE WILL SATISFY ANY LAW, GRANT CONDITION, OR AGENCY REQUIREMENT.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LPKN'S TOTAL CUMULATIVE LIABILITY TO THE CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, WILL NOT EXCEED THE FEES THE CUSTOMER PAID TO LPKN FOR THE ONE (1) MONTH OF SERVICE IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR A SUBSCRIPTION PAID ANNUALLY, THAT AMOUNT IS ONE-TWELFTH (1/12) OF THE ANNUAL FEE PAID FOR THE THEN-CURRENT TERM.
IN NO EVENT WILL LPKN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST FUNDING OR GRANTS, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
The parties agree that the fees reflect this allocation of risk and that LPKN would not provide the Service at these fees without it.
13. Indemnification
The Customer will defend and indemnify LPKN against third-party claims, and the resulting damages and reasonable costs, arising from Customer Data, the Customer's use of the Service in violation of this Agreement or the law, or the Customer's collection or sharing of participant information without the required rights.
LPKN will defend and indemnify the Customer against third-party claims that the Service, as provided by LPKN, infringes a United States patent, copyright, or trademark, and will pay the resulting damages and reasonable costs finally awarded, provided the Customer notifies LPKN promptly and lets LPKN control the defense. LPKN may modify or replace the Service, or terminate the affected subscription and refund prepaid fees for the remaining term, to resolve such a claim.
14. General
Governing law and venue: this Agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The parties will first try in good faith to resolve any dispute by discussion between their representatives; if that fails within thirty (30) days, the state and federal courts located in Denton County, Texas, have exclusive jurisdiction, and each party consents to that jurisdiction.
Changes to this Agreement: we may update this Agreement by posting a new version at reporthours.com/terms and asking the Customer's administrator to accept it at their next sign-in. Material changes take effect at the Customer's next renewal unless the Customer accepts them sooner; other changes take effect thirty (30) days after posting. Continued use after the effective date constitutes acceptance.
Notices: to LPKN at support@reporthours.com; to the Customer at its administrator's email address on file. Assignment: neither party may assign this Agreement without the other's consent, except to a successor to substantially all of its business. Entire agreement: this Agreement, the pricing and support pages it references, and any signed order form are the complete agreement and supersede prior discussions. If any provision is unenforceable, the rest remains in effect. Waiver of any breach is not a waiver of any other. Nothing here creates a partnership, agency, or joint venture.
15. Contact
LPKN Holdings, LLC · reporthours.com · support@reporthours.com