Terms of Service

1. Agreement to Terms

By accessing or using KeepUp Media's website and services, including our Patient Flywheel™ system ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

2. Description of Services

KeepUp Media provides patient acquisition and marketing services specifically designed for ophthalmology clinics performing premium procedures including EVO ICL, RLE, LASIK, and cataract surgery. Our Patient Flywheel™ system is designed to generate 15-30 private-pay consultations per month through a comprehensive marketing and patient management approach.

3. Service Agreement and Performance Guarantee

3.1 Minimum Requirements

• Minimum advertising spend of $2,000 per month is required to qualify for services
• Client must provide necessary access to booking systems, EMR, and practice management tools
• Client must respond to qualified leads within agreed-upon timeframes

3.2 Performance-Based Pricing

Our guarantee of 15-30 private-pay consultations per month is contingent upon:

• Meeting minimum ad spend requirements
• Client cooperation in implementing our systems and recommendations
• Proper tracking implementation and data accuracy
• Maintenance of practice quality standards

If we fail to deliver the guaranteed consultation volume in any given month, you will not be charged our management fee for that month.

4. Contract Terms and Cancellation

Our services operate on a month-to-month basis with no long-term contracts required. Either party may terminate the agreement with 30 days' written notice. Upon termination:

• All outstanding fees must be paid within 15 days
• We will provide a final performance report
• Access to our proprietary systems and content will be revoked
• All advertising accounts and assets will be transferred to the client

5. Payment Terms

• Management fees are billed monthly in advance
• Advertising spend is billed separately and paid directly to advertising platforms
• Late payments may result in service suspension
• All fees are non-refundable except as specified in our performance guarantee
• Prices are subject to change with 30 days' notice

6. Client Responsibilities

To ensure optimal service delivery, clients agree to:

• Provide accurate and complete practice information
• Respond to qualified leads in a timely manner
• Grant necessary access to booking systems, analytics, and EMR platforms
• Participate in content creation (testimonials, interviews, practice footage)
• Maintain professional standards in patient care and communication
• Comply with all applicable healthcare regulations (HIPAA, state medical board requirements)

7. Intellectual Property

7.1 Our Property

The Patient Flywheel™ system, our methodologies, proprietary software, and marketing strategies remain the exclusive property of KeepUp Media.

7.2 Content Ownership

Marketing content we create (videos, copy, graphics) remains our property during the service term. Upon successful completion of 6 months of service, clients receive a perpetual license to use the content created for their practice.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information, business strategies, patient data, and performance metrics. This obligation survives termination of the agreement.

9. HIPAA Compliance

We are committed to HIPAA compliance. We will not access protected health information (PHI) without a proper Business Associate Agreement (BAA). All patient testimonials and case studies require explicit written consent from patients.

10. Limitation of Liability

KeepUp Media shall not be liable for:

• Indirect, incidental, or consequential damages
• Lost revenue or business opportunities
• Client's failure to convert consultations to surgeries
• Changes in advertising platform policies or performance
• Issues arising from client's lack of cooperation or response time

Our total liability shall not exceed the fees paid by the client in the preceding 3 months.

11. Indemnification

Client agrees to indemnify and hold KeepUp Media harmless from any claims arising from:

• Client's medical practice or patient care
• Violation of healthcare regulations or medical board requirements
• Misrepresentation of qualifications, credentials, or results
• Unauthorized use of patient information

12. No Medical Advice

KeepUp Media provides marketing and patient acquisition services only. We do not provide medical advice, diagnose conditions, or make treatment recommendations. All medical decisions remain solely with licensed healthcare providers.

13. Advertising Compliance

All marketing materials will comply with:

• FDA regulations for medical advertising
• State medical board advertising guidelines
• FTC truth in advertising requirements
• Platform-specific advertising policies (Google, Meta, etc.)

14. Dispute Resolution

Any disputes arising from these Terms shall be resolved through:

• Good faith negotiation between parties
• Mediation if negotiation fails
• Binding arbitration as a final resort

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email at least 30 days before taking effect. Continued use of our Services after changes constitutes acceptance of the new Terms.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

17. Contact Information

For questions about these Terms of Service, please contact us:

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.