Terms of Service

Definitions

• "We," "Us," "Our": RISE SMS, LLC.
• "You," "Your": the customer, and any individual who uses the Website or the Service.
• "Website": risesms.com.
• "Service": the RISE SMS software platform and all of its features, including safety reporting, risk management, audits, inspections, document storage, form templates, and AI features.
• "Customer Content": all data, records, documents, files and forms that a customer or its users enter into or upload to the Service, including safety reports, policies, procedures and manuals.
• "Form Templates": starter form templates We provide within the Service as a courtesy. Once a customer uses or modifies a Form Template, the result is a form that is Customer Content.
• "Custom Manual Services": a separate, optional professional service in which We draft a customer's SMS manual from information the customer provides. The resulting manual is a "Custom Manual."

1. Acceptance of terms

By using the Website and/or the Service and forms provided by RISE SMS, LLC ("Provider"), You agree to be bound by these terms and conditions ("Agreement"). If You do not agree to all of the terms set forth below, do not use the Service or any related services.

2. Ownership and restrictions

The Website and the Service provided by RISE SMS, LLC are the exclusive property of RISE SMS, LLC and are protected by copyright, trademark, and other applicable laws. You may not resell, alter, transmit, republish, or distribute any content accessed through the Service without the prior written consent of RISE SMS, LLC.

3. Use of the Service

RISE SMS, LLC provides software tools designed to assist in the administration of safety management systems ("SMS") for high-risk industries. However, RISE SMS, LLC does not create, maintain, update, or monitor the content of any Customer Content, including internal operational policies, procedures, or manuals uploaded or stored within the Service by its customers.

Customers are solely responsible for ensuring the accuracy, currency, and compliance of any data, documentation, or other materials (including, without limitation, any policies, procedures, manuals or Customer Content) uploaded to the Service or Website.

RISE SMS, LLC is not liable for any errors, omissions, or outdated information contained in Customer Content, nor are We responsible for notifying customers if their content requires updates.

4. Form Templates disclaimer

RISE SMS, LLC may provide "starter form templates" ("Form Templates") as a courtesy to help customers begin structuring their safety documentation. These Form Templates are intended as general starting points and are not tailored to the specific needs of any customer.

Customers are responsible for modifying, adapting, and ensuring that any Form Templates they use comply with their specific operational requirements, industry standards, and applicable laws.

RISE SMS, LLC is not liable for any errors, omissions, or deficiencies in the Form Templates, nor for any consequences arising from the customer's use or modification of the Form Templates.

5. Limitations of liability

The Service provided by RISE SMS, LLC is offered as a tool to aid in the management of safety practices. The accuracy and completeness of any Customer Content entered or uploaded to the Service, as well as the proper implementation of any safety management procedures, are the sole responsibility of the customer.

RISE SMS, LLC, its owners, employees, or affiliates shall not be held liable for:

• Any incidents, accidents, or violations that occur due to the customer's failure to properly maintain or apply safety procedures, including those outlined in any Custom Manual created by RISE SMS, LLC.
• Any inaccuracies, misrepresentations, or outdated information contained in Customer Content or modified Form Templates.
• Any interruption in service, including but not limited to, downtime caused by internet or data failures.
• Any financial losses, personal injuries, or other damages arising from the use or misuse of the Service, the Website, or Form Templates.

6. Disclaimer of warranties

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied. RISE SMS, LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Indemnification

You agree to indemnify, defend, and hold harmless RISE SMS, LLC, its owners, employees, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising out of Your use of the Service, the use or misuse of any Custom Manual created by RISE SMS, LLC, Your violation of this Agreement, or any content or forms You upload or modify.

8. Changes to terms

RISE SMS, LLC reserves the right to modify these terms at any time. Changes will be posted on the Website or provided directly to customers. Continued use of the Service for 30 days after such changes will constitute Your acceptance of the updated terms.

9. Governing law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Arizona, without regard to its conflict of law provisions. Any disputes arising from this Agreement shall be resolved in the state or federal courts located in Arizona.

10. Entire agreement

This Agreement constitutes the entire understanding between You and RISE SMS, LLC regarding the use of the Service and supersedes all prior agreements, understandings, or representations. Where You have signed a separate written agreement with RISE SMS, LLC, such as a Software as a Service Agreement or Master Reseller Agreement, that signed agreement controls wherever it conflicts with these terms, including as to fees, refunds, term, renewal, cancellation, and data export.

11. Your content, and who owns it

The Customer Content You create in the Service, including reports, evaluations, actions, audits, inspections and any documents You upload, remains Yours. You grant RISE SMS, LLC only the rights needed to host, process, back up and display that content in order to provide the Service to You, and to provide support You ask for.

We do not sell Customer Content, We do not use it to market to the individuals named in it, and We do not use one customer's content to provide the Service to another.

You are solely responsible for ensuring that, for any data or content that You provide to Us or put into the Service, including where that content contains personal data, You have permission from the owners of such data and content to provide that content to Us and/or put it into the Service. You are also solely responsible for informing those who own such data or content that You are using their information and why You are doing so, and for complying with any privacy or other laws related to such data or content.

12. Subscriptions, payment and refunds

Paid subscriptions are billed in advance through Our payment processor for the term You select, and renew automatically for further terms unless canceled before the renewal date. Fees are those quoted at the time You subscribe.

New paid subscriptions carry a 30-day money-back guarantee. If You tell Us within 30 days of Your first payment that the Service is not right for You, We will refund that payment in full. Outside that period, fees already paid are not refundable, and canceling stops the next renewal rather than ending the current term.

No prorated refunds or credits are provided for any unused portion of a subscription term. If You cancel partway through a term, including an annual term, Your subscription will not renew, You will keep full access until the end of the current paid term, and access will end at that time.

Some features are available only on certain subscription tiers. Free accounts, including free ASAP reporting accounts, are provided "as is" with no warranty, and may be changed or withdrawn at any time on reasonable notice.

13. Ending the agreement, and getting Your data out

You may stop using the Service at any time. We may suspend or end access where fees are unpaid, where the Service is being used in breach of section 15, or where required by law, and We will give reasonable notice unless the circumstances make that impossible.

When a user deletes a record or file in the Service, it is permanently deleted and cannot be restored by the customer or by Us, except that it may remain in Our backups until those backups expire.

Accounts are closed at the customer's request, or by Us in accordance with the customer's subscription agreement, including for non-payment or breach. When a subscription ends for any reason, the customer may obtain a copy of its Customer Content for thirty days by contacting Us. Ninety days after a subscription ends, We may permanently delete the account and all of its Customer Content.

Backups are made daily and retained for a limited period, after which they are deleted.

14. Availability

We work to keep the Service available and will give notice of planned maintenance where We reasonably can. The Service is provided as available, and We make no commitment to a particular level of uptime unless one is agreed with You separately in writing.

15. Acceptable use

The Service holds confidential reports about named people. You agree not to use it for any purpose other than the purpose for which it was provided, including specifically (but not limited to) to harass, identify or retaliate against anyone who has submitted a report, or to attempt to defeat anonymity or de-identification.

You further agree not to attempt to access another customer's account or data, to probe or interfere with the security of the Service, to upload malicious code, or to resell or provide the Service to a third party except under a partner arrangement agreed with Us in writing.

16. Artificial intelligence features

Parts of the Service use artificial intelligence (AI), including for analysis of risk assessments and as an assistant that answers questions from Customer Content in Your account. These features are advisory only and are not guarantees. They find, display, and summarize information. They do not make safety decisions, and they do not replace the judgment of the people accountable for Your operation.

AI output can be incomplete or wrong. You remain responsible for reviewing anything it produces before relying on it, and for the decisions You take. Where an assessment is completed with AI assistance, a person must still review and submit it.

These features send Customer Content to Our AI provider for processing. Customer Content is simplified before it is sent, to keep each request manageable from a size standpoint, but it is not redacted. Consequently, You must treat anything in Customer Content as possibly being used to form part of a question. We do not use Customer Content to train AI models.

When responding to a user, AI features use only Customer Content from that customer's own account.

AI risk analysis is enabled by default, and the customer's Account Owner may turn it off for the entire account in account settings.

17. Confidentiality

Each party (We and You) will reasonably protect (with the same care it applies to its own confidential information), and use only for the purposes of providing or receiving the Service contemplated in these Terms of Service, all Confidential Information disclosed by the other party. "Confidential Information" means non-public information disclosed by a party that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. Confidential Information does not include information that is or becomes publicly available through no fault of the receiving party, was rightfully known to the receiving party without restriction, or is independently developed without use of the disclosing party's Confidential Information. A party may disclose Confidential Information to the extent required by law or court order, provided it gives reasonable advance notice where legally permitted. Our use of Customer Content to fulfill the purposes contemplated by these Terms of Service shall not be considered a breach of this Confidentiality provision.

18. Custom Manual Services

RISE SMS, LLC may offer Custom Manual Services to create custom Safety Management System (SMS) manuals ("Custom Manuals") based on information provided by the customer. This is strictly a professional drafting and formatting service and does not constitute regulatory certification. The Custom Manuals are developed based solely on the operational details, policies, and procedures provided and represented by the customer. RISE SMS, LLC does not audit, verify, or independently confirm the accuracy, completeness, or operational effectiveness of the information supplied by the customer or the resulting Custom Manual, and You are solely responsible to verify and audit any resulting Custom Manual, and to take full responsibility for its accuracy, use and the consequences thereof.

Customer responsibility and regulatory risk: The customer is solely responsible for ensuring that the Custom Manual is accurate, current, complete, and compliant with all applicable regulations, laws, and operational requirements. The customer must review and approve the Custom Manual before its use and is responsible for its implementation, maintenance, and any subsequent modifications or updates. RISE SMS, LLC provides no warranty or guarantee, implied or explicit, that the Custom Manual will be approved, accepted, or found compliant by any regulatory authority, including but not limited to the Federal Aviation Administration (FAA), ICAO, or the regulator with jurisdiction over the customer's operation. Final responsibility for securing regulatory acceptance, including passing any associated audits or inspections, rests solely and exclusively with the customer.

Professional disclaimer: The creation of a Custom Manual, including any input or consultation provided by RISE SMS, LLC, including, but not limited to, the Custom Manual Services, does not constitute legal advice, regulatory certification, or operational consulting. The customer is strongly advised to seek independent legal counsel and engage regulatory experts to thoroughly review any Custom Manual and related operational safety processes before adoption, implementation, or submission to regulatory authorities.

Contact us

If You have any questions about these Terms of Service, contact Us at support@risesms.com.