Terms of Use

1. Acceptance of Terms

By accessing or using the APBnet platform and related services (collectively, the “Services”) operated by Critical Reach, Inc. (“Critical Reach,” “we,” “us,” or “our”), you agree to be bound by these Terms of Use. If you do not agree to these terms, do not access or use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days advance notice of material changes by posting the updated terms on our website. Your continued use of the Services after changes become effective constitutes acceptance of the modified terms.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to provide true, accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4. Service Provision

Critical Reach will provide the Services as described in the applicable service documentation and any executed Order Forms. We may offer beta or pre-release features that are provided “as-is” without warranty. We reserve the right to suspend access for maintenance, security concerns, or violation of these terms. For API changes that are not backwards-compatible, we will provide at least 60 days notice.

5. User Responsibilities

You are responsible for all activity under your account, the accuracy and quality of data you submit, compliance with all applicable laws and regulations (including CJIS Security Policy requirements), and ensuring that your use of the Services does not infringe the rights of any third party.

6. Affiliates

Affiliates of a subscribing agency must create separate accounts and may be subject to separate terms and billing.

7. Fees

Fees for the Services are specified in the applicable Order Form executed between your agency and Critical Reach. Payment terms, billing cycles, and any applicable taxes are governed by the Order Form.

8. Intellectual Property

Critical Reach retains all rights, title, and interest in the Services, including all intellectual property rights. You retain all rights to the data you submit to the Services. By submitting data, you grant Critical Reach a limited license to use, process, and display such data solely to provide the Services. Any feedback you provide regarding the Services becomes the property of Critical Reach.

Both parties agree to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties except as necessary to perform obligations under these terms.

9. Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. You agree to comply with all applicable export control laws.

10. Indemnification

Each party agrees to indemnify and hold harmless the other party from claims arising from intellectual property infringement caused by the indemnifying party's products, services, or data.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRITICAL REACH'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL CRITICAL REACH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Marketing

Critical Reach may use your agency name and logo in marketing materials, customer lists, and case studies, unless you provide written notice opting out.

13. Term and Termination

Either party may terminate these terms with 30 days written notice for convenience. In the event of a material breach, the non-breaching party may terminate with 15 days written notice, provided the breach remains uncured during that period.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The parties are independent contractors. Any disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in San Francisco, California. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. Additional Terms for International Users

EEA/UK/Switzerland: A Data Processing Agreement (DPA) applies to the processing of personal data under GDPR.

Germany: A 12-month warranty period applies from the date of service activation.

Japan: These terms are governed by the laws of Japan for users located in Japan.

16. Contact

For questions about these Terms, contact us at:
Critical Reach, Inc.
25 Latham Court, Hillsborough, CA 94010
info@criticalreach.org