Last updated: September 15, 2026
1. Agreement to these Terms
These Terms of Service (“Terms”) are a binding agreement between you and Keep Rising Unlimited LLC, a Florida limited liability company doing business as Keep Rising (“Keep Rising,” “we,” “us,” or “our”). They govern your access to and use of the Keep Rising website at keeprising.io, the Keep Rising web and mobile applications, the Keep Rising Lite text-messaging service, and any related services we provide (together, the “Services”).
By accessing or using the Services, by signing an order form or subscription agreement that references these Terms, or by enrolling in a Keep Rising program through an advisor, you agree to these Terms. If you do not agree, do not use the Services.
If you are agreeing to these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.
2. Who we are and who uses the Services
Keep Rising provides software that helps advisors, coaches, therapists, case managers, and similar professionals stay connected with the people they serve between sessions.
These Terms use the following words:
- “Practice” means the organization, practice, agency, or individual professional that subscribes to the Services and is responsible for its users.
- “Advisor” means an individual authorized by a Practice to use the Services to work with Clients.
- “Client” means an individual who receives messages, prompts, resources, or other content through the Services because an Advisor enrolled them.
- “User” means anyone who uses the Services, including Practices, Advisors, and Clients.
Different sections of these Terms apply to different Users. Sections 6 and 10 apply primarily to Practices and Advisors. Sections 7 and 8 apply primarily to Clients.
3. Eligibility
You must be at least 18 years old to create a Keep Rising account. The Services are not directed to children under 13, and we do not knowingly collect personal information from them.
A Practice may enroll a Client only if that Client is at least 18 years old, or if the Practice has obtained verifiable consent from the Client’s parent or legal guardian and can produce a record of it on request.
4. What the Services do
Depending on the plan a Practice has purchased, the Services may allow an Advisor to:
- build a structured behavior-change plan (a “KOVA journey”) for a Client;
- send that Client scheduled text-message prompts, check-ins, and appointment reminders;
- receive and respond to a Client’s replies from the Keep Rising console;
- share links to resource pages curated by the Advisor; and
- view engagement data showing which prompts a Client responded to.
We may add, change, or remove features over time. If we discontinue a feature a Practice is materially relying on, we will give reasonable advance notice.
5. Accounts and security
Practices and Advisors must provide accurate account information and keep it current. You are responsible for everything that happens under your account.
You must keep your credentials confidential, must not share them, and must notify us promptly at contact@keeprising.io if you believe your account has been accessed without authorization.
The Services enforce multi-factor authentication and automatic session timeout for Advisor accounts. You must not disable, circumvent, or attempt to work around these controls. A Practice must promptly deactivate the account of any Advisor who leaves or who no longer needs access.
6. Practice and Advisor responsibilities
If you are a Practice or an Advisor, you agree that:
Consent. You will obtain express written consent from each Client before enrolling them in text messaging, using the consent workflow provided in the Services, and you will not enroll a phone number obtained from a purchased list, a third party, or any source other than the Client. You will retain the consent record and honor any Client’s request to stop receiving messages.
Professional responsibility. You remain solely responsible for the professional services you deliver, for the clinical and professional judgment you exercise, and for the content you send to Clients. Keep Rising is a communication and documentation tool; it does not supervise, direct, or take responsibility for your professional work.
Content limits. You will not send through the Services any content prohibited by your own policies, by applicable law, or by carrier and industry messaging rules. You acknowledge that SMS is not encrypted once delivered to a Client’s device and you will use judgment about what is appropriate to send by text.
Training and licensure. You will maintain any professional licenses your work requires and will complete the privacy and security training we make available before accessing Client information.
Your own compliance. You are responsible for complying with the laws that apply to your practice, including health-privacy, consumer-protection, telephone-consumer-protection, and recordkeeping laws.
7. Text messaging
Text messages sent through the Services are governed by our SMS Terms & Conditions, which form part of these Terms. In summary: Clients receive messages only after giving express written consent, may receive up to 4 messages per day, may reply STOP at any time to stop all messages, and may reply HELP for assistance. Message and data rates may apply.
8. The Services are not medical advice and not an emergency service
Keep Rising is a communication and engagement platform. It does not provide medical, psychiatric, psychological, legal, or financial advice, and it does not diagnose or treat any condition. Content delivered through the Services comes from the Advisor or the Practice, not from Keep Rising.
The Services are not monitored 24 hours a day and are not a crisis service. Do not use the Services to communicate an emergency. If you are in crisis or thinking about harming yourself, call or text 988 (Suicide & Crisis Lifeline) or call 911.
Nothing in the Services replaces the relationship between a Client and their own licensed professional.
9. Acceptable use
You will not, and will not permit anyone else to:
- use the Services to send unsolicited, unlawful, deceptive, harassing, or abusive messages;
- use the Services to send content prohibited by carrier or industry messaging rules, including content relating to illegal substances, hate speech, or fraud;
- access the Services to build a competing product, or copy, reverse engineer, decompile, or create derivative works from any part of them;
- probe, scan, or test the vulnerability of the Services, or interfere with or disrupt their operation;
- access the Services through automated means except as we expressly permit;
- misrepresent your identity, your licensure, or your affiliation with any Practice; or
- use the Services in violation of any applicable law.
We may suspend access immediately, with notice as soon as practicable, if we reasonably believe continued access creates a risk to Clients, to other Users, or to the Services.
10. Fees and payment
Fees, billing frequency, and subscription term are set out in the order form or subscription agreement between Keep Rising and the Practice. Unless that document says otherwise:
- fees are invoiced in advance and are due within 30 days;
- fees are non-refundable except where these Terms or applicable law require a refund;
- we may suspend the Services for an account more than 30 days past due, after written notice; and
- fees are exclusive of taxes, which are your responsibility.
Clients are never charged by Keep Rising. Clients pay no fee to receive messages or use resource pages; their own carrier’s message and data rates may apply.
11. Client information, privacy, and HIPAA
Our handling of personal information is described in our Privacy Policy.
Where a Practice is a covered entity or business associate under the Health Insurance Portability and Accountability Act (“HIPAA”) and uses the Services to create, receive, maintain, or transmit protected health information, Keep Rising acts as a business associate. In that case, a signed Business Associate Agreement between Keep Rising and the Practice governs the handling of protected health information, and its terms control over any conflicting term in these Terms. A Practice must not use the Services to transmit protected health information before that agreement is executed.
As between Keep Rising and a Practice, the Practice owns the Client information it and its Advisors put into the Services. The Practice grants us the limited right to process that information to provide the Services, to maintain the audit records our compliance obligations require, and to create de-identified and aggregated data that cannot reasonably be used to identify any individual. We may use de-identified and aggregated data to operate and improve the Services.
12. Intellectual property
The Services, including all software, designs, text, graphics, and the Keep Rising and KOVA names and logos, are owned by Keep Rising and are protected by intellectual property laws. Subject to these Terms and to payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their intended purpose during your subscription term.
You retain ownership of the content you create and upload. You grant us a non-exclusive license to host, store, transmit, and display that content as necessary to provide the Services.
If you send us feedback or suggestions, we may use them without obligation or compensation to you.
13. Third-party services and links
The Services rely on third-party providers, including cloud hosting and messaging carriers, and may contain links to third-party websites and resources. We do not control those services or sites and are not responsible for their content, availability, or practices. Your use of a third-party service is governed by that provider’s own terms.
Message delivery depends on mobile carriers. Carriers are not liable for delayed or undelivered messages, and we cannot guarantee delivery.
14. Disclaimers
Except as expressly stated in these Terms or in a signed agreement with a Practice, the Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or secure against every threat, that every message will be delivered, or that the Services will produce any particular outcome for any Client.
15. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or relating to these Terms or the Services, even if advised of the possibility.
To the fullest extent permitted by law, our total liability for all claims arising out of or relating to these Terms or the Services will not exceed the greater of (a) the fees paid to us for the Services in the 12 months before the event giving rise to the claim, or (b) one hundred dollars ($100).
These limits do not apply to a party’s indemnification obligations under Section 16, to a breach of the Business Associate Agreement, or to liability that cannot be limited under applicable law.
16. Indemnification
You will defend, indemnify, and hold harmless Keep Rising and its officers, members, employees, and agents from any third-party claim, and any resulting loss, liability, damage, or expense including reasonable attorneys’ fees, arising out of or relating to: your use of the Services in violation of these Terms or applicable law; your professional services; content you sent through the Services; or your failure to obtain or honor a Client’s consent.
We will defend, indemnify, and hold you harmless from any third-party claim alleging that the Services, used as permitted by these Terms, infringe that third party’s intellectual property rights.
The indemnified party will promptly notify the indemnifying party of the claim, allow it to control the defense, and cooperate reasonably.
17. Term, suspension, and termination
These Terms apply for as long as you use the Services.
A Practice’s subscription term and renewal are set out in its order form. Either party may terminate for material breach that remains uncured 30 days after written notice. We may suspend or terminate access immediately for the reasons described in Section 9, or if required by law.
A Client may stop participating at any time by replying STOP to any message or by asking their Advisor to remove them.
On termination, your right to access the Services ends. We will retain records for the period our compliance and audit obligations require, currently a minimum of six years for records relating to protected health information, and will handle deletion in accordance with the Business Associate Agreement and applicable law. Sections 11 through 16 and 18 through 21 survive termination.
18. Governing law and dispute resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.
Informal resolution first. Before starting a formal proceeding, the parties will attempt in good faith to resolve the dispute by discussing it, beginning with written notice to the other party describing the dispute and the relief sought. If the dispute is not resolved within 30 days, either party may proceed.
Arbitration. Any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Sarasota County, Florida. Judgment on the award may be entered in any court of competent jurisdiction.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect its intellectual property or confidential information.
No class actions. Disputes will be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
If the arbitration provision is found unenforceable, the parties consent to the exclusive jurisdiction of the state and federal courts located in Sarasota County, Florida.
19. Changes to these Terms
We may update these Terms. For material changes we will give at least 30 days’ notice by email to account holders, by notice in the Services, or by posting the updated Terms with a new “Last updated” date. Continued use of the Services after the change takes effect means you accept the updated Terms. The current version is always posted at this address.
20. General
Entire agreement. These Terms, together with the Privacy Policy, the SMS Terms & Conditions, any Business Associate Agreement, and any order form or subscription agreement, are the entire agreement between you and Keep Rising on this subject and supersede any prior agreement on it. Where a signed subscription agreement conflicts with these Terms, the signed agreement controls.
Assignment. You may not assign these Terms without our written consent, except to a successor to all or substantially all of your business. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.
Severability. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions stay in effect.
No waiver. A failure to enforce a provision is not a waiver of it.
Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, except for payment obligations.
Notices. Notices to you go to the email address on your account. Notices to us go to contact@keeprising.io and to the mailing address below.
Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
21. Contact us
Questions about these Terms:
Keep Rising Unlimited LLC (d/b/a Keep Rising) 5420 Lago Maggio St Sarasota, FL 34238 contact@keeprising.io 203-217-2182