Terms of Service

Effective date: February 9, 2026

These Terms of Service ("Terms") govern your access to and use of the KeepSight website and application ("Services") operated by KeepSight LLC ("KeepSight," "we," "us," or "our"). By using our Services, you agree to these Terms.

1. Eligibility

Our Services are intended for use by Applied Behavior Analysis (ABA) therapy practices and their authorized personnel. You must be at least 18 years old and have the authority to bind your organization to these Terms.

2. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use.

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in violation of any applicable law or regulation, including HIPAA
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Upload or transmit malicious code
• Use the Services to store or transmit information that you do not have the right to share

4. Your Data

You retain all rights to the data you submit to the Services ("Your Data"). We do not claim ownership of Your Data. We access Your Data only to provide the Services and as described in our Privacy Policy.

You are responsible for ensuring that your use of the Services complies with all applicable privacy and data protection laws, including obtaining any required consents from individuals whose data you submit.

5. Protected Health Information

If your use of the Services involves Protected Health Information (PHI) as defined by HIPAA, use of the Services is subject to the terms of a separately executed Business Associate Agreement (BAA). The BAA governs our obligations regarding PHI and takes precedence over these Terms to the extent of any conflict.

6. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may temporarily suspend the Services for maintenance, updates, or security reasons. We will provide reasonable advance notice when possible.

7. Intellectual Property

The Services, including all software, design, text, and graphics, are owned by KeepSight and protected by applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Services as described herein.

8. Payment Terms

Paid features of the Services are billed as described at the time of purchase. All fees are non-refundable except as required by law. We may change pricing with 30 days' notice.

9. Termination

Either party may terminate these Terms for convenience with 30 days' written notice. We may terminate or suspend your access immediately if you materially breach these Terms, fail to pay fees when due, or use the Services in violation of applicable law. Upon termination, your right to use the Services ceases immediately. We will make Your Data available for export for 30 days following termination, after which it will be deleted within 90 days in accordance with our Privacy Policy.

10. Limitation of Liability

To the maximum extent permitted by law, KeepSight shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, whether incurred directly or indirectly, or any loss of data, use, or goodwill. Our total aggregate liability for any claims arising from or related to the Services shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Disclaimer of 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.

12. Indemnification

You agree to indemnify and hold harmless KeepSight from any claims, damages, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any applicable law.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws provisions.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

15. Contact Us

If you have questions about these Terms, contact us at jack@keepsight.io.