Terms & Conditions

Introduction

Welcome to our Gateway Disaster Case Management Platform ("Platform"), a comprehensive software-as-a-service (SAAS) solution designed to facilitate disaster recovery services. This Platform serves case managers, staff members of disaster case management agencies, and clients affected by disasters. By accessing or using our services, you agree to these Terms & Conditions. Please read them carefully before proceeding.

• You must be at least 18 years old to create an account as a case manager or staff member, or have parental/guardian consent if you are a minor client accessing services.
• All information provided during registration and use of the Platform must be accurate, complete, and up-to-date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to immediately notify us of any unauthorized access to or use of your account.

User Roles and Responsibilities

Case Managers and Agency Staff

• You agree to use the Platform solely for legitimate disaster case management purposes in accordance with FEMA guidelines and applicable federal, state, and local regulations.
• You are responsible for ensuring that all client data entered into the Platform is accurate and properly documented.
• You must maintain professional standards of care and comply with all applicable privacy laws, including HIPAA where applicable.
• You agree to complete all required training and certifications necessary for disaster case management before using the Platform to manage client cases.
• You must not share your login credentials with unauthorized individuals or allow others to access the Platform using your account.

Clients

• You agree to provide accurate information regarding your disaster-related needs, damages, and circumstances.
• You understand that the Platform is a tool to facilitate case management services and does not guarantee the provision of financial assistance or specific outcomes.
• You are responsible for maintaining communication with your assigned case manager and responding to requests for information in a timely manner.
• You agree to use the Platform respectfully and refrain from harassment or abuse directed at case managers or staff.

Platform Services

The Platform provides the following services:

• Digital intake form processing and case file management
• Client-case manager communication tools
• Document upload, storage, and sharing capabilities
• Case progress tracking and reporting
• Resource library access and disaster recovery information
• Appointment scheduling and reminder notifications
• Integration with FEMA and other disaster recovery agency systems where applicable

Privacy and Data Protection

We take the privacy and security of your information seriously. The following provisions govern data handling:

• Data Collection: We collect personal information necessary to provide disaster case management services, including but not limited to: name, contact information, address, disaster impact information, insurance details, and documentation related to disaster recovery assistance.
• Data Usage: Your information is used solely for the purpose of facilitating disaster case management services, coordinating with relevant agencies (including FEMA, state emergency management divisions, and local disaster alliances), and improving Platform functionality.
• Data Security: We implement industry-standard security measures including encryption, secure servers, access controls, and regular security audits to protect your information.
• Data Sharing: We may share your information with authorized disaster recovery agencies, government entities, and service providers as necessary to facilitate your case management. We will not sell your personal information to third parties.
• Data Retention: Case files and associated data are retained in accordance with federal and state record retention requirements, typically for a minimum of three years following case closure.
• Your Rights: You have the right to access, correct, or request deletion of your personal information, subject to legal and regulatory retention requirements.

For detailed information about our data practices, please refer to our Privacy Policy, which is incorporated into these Terms & Conditions by reference.

Case Management Services Disclaimer

• The Platform serves as a coordination and documentation tool for disaster case management agencies and their authorized staff.
• Case managers and agencies using the Platform are independent entities responsible for the quality and accuracy of services provided to clients.
• The Platform operator does not guarantee approval of FEMA applications, insurance claims, or any other disaster assistance applications submitted through or in conjunction with Platform use.
• All case management decisions, advice, and recommendations are made by qualified case managers and their supervising agencies, not by the Platform or its operator.
• The Platform does not provide legal, financial, or medical advice. Users should consult with appropriate licensed professionals for such services.

Appointments and Communications

• Case managers may schedule appointments with clients through the Platform, subject to availability.
• Clients are responsible for attending scheduled appointments or providing advance notice of cancellation whenever possible.
• The Platform may send automated reminders via email, SMS, or in-app notifications regarding appointments and case updates.
• All communications through the Platform should remain professional and relevant to disaster case management.
• Emergency situations should be directed to 911 or appropriate emergency services, not communicated through the Platform.

Document Upload and Content Guidelines

• Users may upload documents necessary for disaster case management, including damage photos, insurance policies, identification documents, and financial records.
• You warrant that you have the right to upload and share all documents you submit to the Platform.
• Uploaded content must be relevant to disaster case management and must not contain illegal, offensive, defamatory, or inappropriate material.
• We reserve the right to remove any content that violates these Terms & Conditions or applicable laws.
• The Platform operator is not responsible for the accuracy, completeness, or quality of user-uploaded documents.

Fees and Payment

• For Agencies: Disaster case management agencies subscribe to the Platform on a tiered pricing model based on the number of case managers, storage requirements, and feature access. Payment terms are outlined in separate subscription agreements.
• For Clients: Access to the Platform as a client receiving disaster case management services is provided free of charge. Clients are not charged for using the Platform to communicate with case managers or access their case information.
• Subscription fees are billed monthly or annually as specified in the agency's subscription agreement.
• Late payment may result in suspension of Platform access until payment is received.
• Refund policies are outlined in separate subscription agreements with agencies.

Acceptable Use Policy

Users must not:

• Use the Platform for any unlawful purpose or in violation of any applicable regulations
• Attempt to gain unauthorized access to the Platform, other user accounts, or connected systems
• Introduce viruses, malware, or other malicious code
• Harass, threaten, or abuse other users
• Impersonate another person or entity
• Scrape, copy, or extract data from the Platform using automated means without authorization
• Interfere with or disrupt the Platform's operation or servers
• Use the Platform to distribute spam or unsolicited communications
• Share confidential client information outside of authorized disaster recovery coordination purposes

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account and potential legal action.

Intellectual Property Rights

• The Platform, including its software, design, features, and content (excluding user-uploaded content), is owned by the Platform operator and protected by copyright, trademark, and other intellectual property laws.
• You are granted a limited, non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms & Conditions.
• You retain ownership of all content you upload to the Platform, but grant us a license to store, process, and display that content as necessary to provide Platform services.
• You may not reproduce, modify, distribute, or create derivative works based on the Platform without express written permission.

Limitation of Liability

To the maximum extent permitted by applicable law:

• The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied.
• We do not warrant that the Platform will be uninterrupted, error-free, or completely secure.
• We are not liable for any decisions made or actions taken based on information obtained through the Platform.
• We are not responsible for the quality, accuracy, or completeness of case management services provided by agencies and case managers using the Platform.
• Our total liability for any claims arising from or related to the Platform shall not exceed the amount paid by your agency for Platform subscription in the twelve months preceding the claim, or $100 for client users who do not pay subscription fees.
• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption.
• We are not responsible for losses resulting from unauthorized access to your account due to your failure to maintain account security.

Indemnification

You agree to indemnify, defend, and hold harmless the Platform operator, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms & Conditions
• Your violation of any rights of another person or entity
• Any content you upload or submit through the Platform
• Case management services provided by your agency or case managers (for agency users)

Service Availability and Modifications

• We strive to maintain Platform availability but do not guarantee uninterrupted access.
• We may perform scheduled maintenance with advance notice when possible.
• We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time.
• We may update Platform features, interfaces, and functionality to improve services.
• In the event of significant service changes affecting core functionality, we will provide reasonable advance notice to agency subscribers.

Account Termination

• Agencies may cancel their subscription at any time in accordance with their subscription agreement terms.
• Clients may request account deletion by contacting their case manager or agency.
• We reserve the right to suspend or terminate accounts that violate these Terms & Conditions.
• Upon termination, agencies will have a limited period (typically 30 days) to export their data before it is deleted from active systems.
• Data may be retained in backup systems in accordance with our retention policies and legal requirements.
• Termination does not relieve you of any obligations incurred prior to termination.

Compliance with Laws and Regulations

• Users must comply with all applicable federal, state, and local laws, including but not limited to FEMA regulations, privacy laws (HIPAA where applicable), and emergency management guidelines.
• Case managers and agencies are responsible for maintaining any required licenses, certifications, or credentials necessary for disaster case management.
• The Platform may be updated to ensure ongoing compliance with changing regulations.
• Users operating in specific states or jurisdictions must comply with additional local requirements governing disaster case management.

Dispute Resolution and Governing Law

• These Terms & Conditions are governed by the laws of [Insert Governing Jurisdiction], without regard to conflict of law provisions.
• Any disputes arising from these Terms & Conditions or Platform use shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• You agree to resolve disputes on an individual basis and waive any right to participate in class action lawsuits.
• Notwithstanding arbitration provisions, either party may seek injunctive relief in court for violations of intellectual property rights or confidentiality obligations.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters (including the very disasters this Platform helps manage), war, terrorism, labor disputes, or failures of third-party service providers.

Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Changes to Terms & Conditions

We may update these Terms & Conditions periodically to reflect changes in our practices, legal requirements, or Platform functionality. Any changes will be communicated through:

• Posting the updated Terms & Conditions on the Platform with a new "Last Updated" date
• Email notification to registered users for material changes
• In-app notifications for significant modifications affecting user rights or obligations

Your continued use of the Platform following notification of changes constitutes acceptance of the updated Terms & Conditions. If you do not agree to the changes, you must discontinue use of the Platform.

For agency subscribers, material changes that significantly impact service delivery may be subject to notice periods outlined in subscription agreements.

Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any applicable subscription agreements, constitute the entire agreement between you and the Platform operator regarding use of the Platform and supersede all prior agreements and understandings.

Contact Information

If you have questions, concerns, or complaints regarding these Terms & Conditions or the Platform, please contact us at:

Email: [Insert Contact Email]
Phone: [Insert Contact Phone]
Address: [Insert Physical Address]
Support Hours: [Insert Support Hours]

For urgent case management matters, please contact your assigned case manager or agency directly. For emergencies, call 911.

Acknowledgment

By creating an account and using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you are creating an account on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms & Conditions.