These Terms of Use (the “Terms”) govern access to and use of the Optima software-as-a-service application and related services, features, documentation, and underlying technology (collectively, the “Services”) made available through the Optima website and application (the “Site”), provided by Evinto Solutions LLC (“Evinto,” “we,” “us,” or “our”). The Services are designed for Court Appointed Special Advocate (“CASA”) and Guardian Ad Litem (“GAL”) programs and their authorized staff, volunteers, contractors, and other approved users (each, a “User” or “you”).
By accessing or using the Services, you agree to these Terms. If you use the Services on behalf of an organization (your “Organization”), you represent that you have authority to bind your Organization to these Terms. If your Organization has a separate written agreement with Evinto governing the Services (a “Contract”), that Contract controls to the extent it conflicts with these Terms.
The Terms
1. Changes to These Terms
Evinto may update these Terms from time to time. We will update the “Last Updated” date and, if changes are material, provide reasonable notice via the Site, in-application notice, and/or email to your Organization’s designated administrator.
Continued use of the Services after the effective date of revised Terms constitutes acceptance, unless your Contract provides otherwise.
2. Eligibility and Authority
You must be at least 21 years old to use the Services unless your Organization has expressly authorized your use. If you use the Services on behalf of an Organization, you represent that you have the authority to accept these Terms on its behalf.
3. Authorized Use; License
(a) Limited License
Subject to these Terms and any applicable Contract, Evinto grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for your Organization’s internal, lawful CASA/GAL-related purposes.
(b) Restrictions
You may not, and may not allow any third party to:
- sell, resell, rent, lease, sublicense, or otherwise commercially exploit the Services;
- reverse engineer, decompile, or attempt to derive source code, except as permitted by law;
- access the Services to develop a competing product or for competitive benchmarking without Evinto’s prior written consent;
- bypass access controls, authentication requirements, rate limits, or security features;
- use automated scraping, bots, or bulk data extraction tools except as expressly permitted by Evinto;
- interfere with the integrity, availability, or performance of the Services.
(c) No Deep Linking or Framing
You may not frame the Site or create deep links that bypass authentication or intended navigation flows, except where expressly enabled by Evinto (e.g., password reset links or SSO flows).
4. Accounts, Credentials, and Administration
(a) Accounts and Roles
Access to the Services requires an account. Your Organization may designate one or more administrators (“Admins”) who control user provisioning, permissions, roles, and security settings within the Organization’s tenant.
(b) Credential Security
You are responsible for maintaining the confidentiality of your credentials and for all activity conducted under your account. You must promptly notify your Admin and Evinto of any suspected unauthorized access.
(c) MFA and SSO
Evinto may support multi-factor authentication (“MFA”) and/or single sign-on (“SSO”). Unless otherwise stated in a Contract, your Organization is responsible for configuring and enforcing authentication and access controls appropriate to the sensitivity of the data stored.
(d) Audit Logging
Evinto may maintain audit logs of user activity for security, compliance, support, and operational purposes.
5. User Content and Data
(a) User Content Defined
“User Content” means all data, records, files, documents, notes, images, and other information submitted to, uploaded to, or generated within the Services by or on behalf of your Organization.
(b) Typical CASA / GAL Data Categories
User Content may include, without limitation, the following categories of information, depending on user role and permissions:
(i) Volunteer Recruitment and Screening
- Volunteer applications and intake forms
- Demographic information (which may include Social Security numbers or other identifiers, where permitted by law)
- Background check and screening information
- Interview notes, reference checks, and eligibility determinations
- Training records and certifications
- Emergency contact information
- Uploaded documents (e.g., PDF, Word, Excel, image files)
(ii) Volunteer Management and Operations
- Volunteer profiles and contact information
- Case and child assignments
- Volunteer activity logs (hours, expenses, mileage)
- In-service training records
- Supervisor notes and evaluations
- Internal administrative notes and communications
(iii) CASA / GAL Case Management
- Case identifiers and court information
- Child information, including demographics, placement history, education records, grant eligibility, and service needs
- Family and household information, relationships, and involvement
- Hearing dates, outcomes, court orders, and permanency plans
- Contact logs and narrative reports
- Well-being assessments
- Documents related to cases or court proceedings
(c) Ownership
As between the parties, your Organization retains all right, title, and interest in User Content. Evinto does not claim ownership of User Content.
(d) License to Provide the Services
Your Organization grants Evinto a limited, non-exclusive right to host, process, transmit, display, and otherwise use User Content only as necessary to provide, maintain, support, secure, and improve the Services; prevent or address technical or security issues; and comply with law and applicable Contracts.
(e) Your Responsibilities
Your Organization is solely responsible for:
- obtaining all required notices, consents, and authorizations to collect, use, and store User Content in the Services;
- ensuring User Content is accurate, lawful, and appropriate;
- configuring access controls to limit data visibility based on role and need-to-know;
- ensuring Users comply with these Terms and your Organization’s internal policies.
6. Acceptable Use
This Section 6 and Section 3(b) constitute the ‘Rules and Regulations’ and the rules of use referenced in the Optima Master SaaS Agreement. You may not use the Services to:
- violate any applicable law or regulation (including privacy, child-protection, or court-related requirements);
- upload or transmit malware or harmful code;
- access or attempt to access data or accounts without authorization;
- interfere with or disrupt the Services or other users;
- upload content that is unlawful, infringing, defamatory, threatening, abusive, or otherwise objectionable.
Evinto may suspend or restrict access as reasonably necessary to protect the Services, Users, or data.
7. Privacy Policy and Data Processing
Evinto’s handling of personal data is described in the Privacy Policy, located at https://legal.evintosolutions.com/privacy, which is incorporated by reference.
Where required by law or Contract, Evinto will enter into a data processing addendum (“DPA”) governing Evinto’s role as a processor/service provider with respect to personal data processed on behalf of your Organization.
8. Security and Incident Response
(a) Security Measures
Evinto maintains commercially reasonable administrative, technical, and physical safeguards designed to protect User Content against unauthorized access, disclosure, alteration, and destruction.
(b) Shared Responsibility
No system is completely secure. Your Organization is responsible for endpoint security, user lifecycle management, and appropriate configuration of access controls.
(c) Security Incidents
Evinto maintains an incident response process. Where required by law or Contract, Evinto will notify your Organization of a confirmed security incident involving unauthorized access to User Content within a reasonable timeframe.
9. Third-Party Services
The Services may rely on third-party infrastructure and service providers. Evinto is not responsible for third-party services outside its control but will use commercially reasonable care in vendor selection and oversight.
10. Support and Maintenance
Evinto may perform scheduled maintenance and modify features over time. Support terms, availability, and any service-level commitments are governed by your Contract or published support policies, if applicable.
11. Intellectual Property
Evinto and its licensors retain all rights, title, and interest in the Services, software, documentation, and related intellectual property (“Evinto IP”). No rights are granted except as expressly stated in these Terms.
12. Confidentiality
Each party will protect the other’s Confidential Information using at least reasonable care and use it only as permitted under these Terms and any Contract. User Content is treated as your Organization’s Confidential Information.
13. Suspension and Termination
Evinto may suspend access if required by law, necessary to address a security risk, or in response to material violations of these Terms. Termination rights and consequences are governed primarily by your Contract.
14. Data Retention and Deletion
Unless otherwise stated in a Contract:
- Retention Period: Following termination or expiration, Evinto will retain User Content for ninety (90) days to allow export or retrieval.
- Deletion: After the 90-day period, User Content may be deleted from production systems.
- Backups: User Content may persist in encrypted backups for a limited additional period pursuant to normal backup rotation, unless legally required to be retained.
15. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EVINTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- EVINTO WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
- EVINTO’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOUR ORGANIZATION FOR THE SERVICES IN THE ONE (1) MONTH PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR $50 IF NO FEES WERE PAID).
17. Indemnification
Your Organization agrees to indemnify and defend Evinto against third-party claims arising from User Content, misuse of the Services, or violation of these Terms, except to the extent caused by Evinto’s gross negligence or willful misconduct.
18. Governing Law; Venue; Jury Trial Waiver
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
Exclusive venue for any dispute shall be the state or federal courts located in Miami-Dade County, Florida.
TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY.
19. Miscellaneous
These Terms and any Contract constitute the entire agreement on this subject. If any provision is unenforceable, the remainder remains in effect. Sections that by their nature should survive termination shall survive.