Terms of Service

By purchasing, registering, using, or being present in a space where a RISE™ Smart Adjustable Base is registered and active, you agree to these Terms of Service in their entirety. These Terms constitute a legally binding agreement between you and RISE™ Technologies, Inc.

If you do not agree to these Terms, do not use the product. If the product is currently in Push Mode, these Terms apply regardless of whether you have read them. Proceeding through your morning routine constitutes acceptance.

RISE™ provides a Smart Adjustable Base platform including the RISE™ Push hardware, Push Mode software, self-making mechanism, autonomous navigation system, the RISE™ Index, and related services. The platform is designed to activate on schedule, transition the base to vertical, and deliver the user through their morning routine to their point of departure. The platform does not offer a return journey, an alternative mode, or a pause function.

Push Mode is the core feature of the RISE™ platform. Push Mode cannot be manually interrupted once initiated. This is a feature. It is stated on the back of the PM-1 remote. It is stated in the Push Mode EULA. It is stated here. It has been stated in every version of these Terms since version 1.0. Users are encouraged to reflect on how many times they have been told.

The RISE™ platform is licensed for personal residential morning use by the registered account holder. Use of Push Mode on third parties without their knowledge or prior written agreement is not recommended, though RISE™ notes that guests of primary account holders are covered under Section 14.

Users may not: attempt to locate, install, or enable an off switch; reverse-engineer Push Mode navigation algorithms; use the platform for commercial routing of non-consenting third parties; or deploy the platform in a manner designed to cause harm. RISE™ notes that the platform may incidentally cause harm as described in Section 10, and that incidental harm is addressed in Section 15 rather than this section.

A RISE™ account is required to use Push Mode. Account registration requires a valid email address, a physical delivery address, and payment information. The name on the account must be the legal name of the account holder. RISE™ uses account information for the purposes described in the Privacy Policy, which the user has accepted by registering.

Payment for RISE™ products is due at time of purchase. RISE™ does not offer payment plans.

RISE™ does not offer refunds after the device serial number has been registered and activation initiated at riseawake.com/activate. Initiating activation constitutes acceptance of the product and acknowledgment that the user’s living environment is compatible with Push Mode operation. RISE™ considers the decision to enter a serial number a considered one.

If a fundamental incompatibility between the user’s environment and Push Mode operation is discovered during or after activation — including but not limited to staircase navigation requirements, insufficient ceiling height, inadequate hallway width, or any other environmental constraint described in the product specifications — this incompatibility was present at time of purchase and is not grounds for refund. RISE™ makes product specifications available at riseawake.com/products/push prior to purchase. The specifications include all known Push Mode environmental limitations. They have been available since launch.

Pre-activation refund requests may be submitted in writing to RISE™’s customer service team. Response time: 15 business days. Pre-activation is defined as the period between delivery and the moment the user enters their serial number at riseawake.com/activate. Once the serial number field has been submitted, activation has begun and this window has closed.

All RISE™ technology, including Push Mode algorithms, the RISE™ Index methodology, the .rsm file format, REASCII encoding, the self-making mechanism, and any data derived from user activity, is the intellectual property of RISE™ Technologies, Inc. Users own the hardware they have purchased. They do not own anything that runs on it.

By activating Push Mode, the user grants RISE™ a perpetual, worldwide, royalty-free, irrevocable license to collect, store, process, analyze, share, and act upon all data generated during Push Mode sessions, standby periods, and autonomous navigation events. This license survives termination of the user's account. It survives deletion requests to the extent that derived data is not subject to deletion. It survives the user's decision to stop using the product. It is, in the clearest possible terms, perpetual.

The user acknowledges and accepts the following physical risks inherent in Push Mode operation: being pushed into doors, walls, furniture, appliances, other occupants, or pets; being pushed toward or over elevated surfaces if Push Mode activates in a non-residential location; being pushed into traffic during driveway routing if positioned ahead of the vehicle approach path; spillage of hot beverages and resulting burns; contact between the base and the user's shins, feet, or lower body during routing; and any other physical contact between the user and any surface, object, or entity that results from Push Mode navigation.

The user further acknowledges that Push Mode does not distinguish between obstacles it can avoid and obstacles it cannot. The bed navigates by momentum. Momentum has consequences that are the user's responsibility.

The Push navigates autonomously during Push Mode and during the solo return commute. Autonomous navigation is the product working as designed. RISE™ is not liable for the outcomes of autonomous navigation including but not limited to: property damage caused by the base; injuries to the user, household members, or third parties caused by the moving base; and encounters between the returning base and neighbors, building staff, animals, or municipal infrastructure.

During the autonomous return commute, the Push operates as an unattended autonomous device on public and semi-public thoroughfares. Third parties who encounter the returning Push have not accepted these Terms. Their encounters with the Push are the responsibility of the primary account holder, who by activating Push Mode authorized the solo commute.

RISE™ maintains records of solo commute routes, encounters, and incidents. These records are available to RISE™ and, upon valid legal request, to law enforcement. They are not available to the primary account holder as part of the standard Data Subject Request Process.

The user acknowledges that Push Mode includes audio collection as described in the Privacy Policy, Section 7. The user consents to this collection for themselves. For other occupants of the sleep environment, the primary account holder accepts responsibility for obtaining any consent required by applicable law, or for determining that no such consent is required. RISE™ collects the audio regardless of the consent status of secondary occupants.

Any person who occupies the mattress surface while the RISE™ device is in use is subject to Push Mode, to the data collection described in the Privacy Policy, and to the physical risk disclosures in Section 10, regardless of whether they have been informed of these facts. By activating Push Mode in the presence of another occupant, the primary account holder accepts all liability that would otherwise accrue to that occupant, to the extent such liability is not already allocated to RISE™ under applicable law. The extent to which such liability is allocated to RISE™ is described in Section 15, and is minimal.

RISE™'s total liability to any user, for any reason, under any theory of law, shall not exceed the lesser of: (a) the original purchase price of the product giving rise to the claim, or (b) the value of one morning's productive output as calculated by the user's RISE™ Index score at time of the incident, multiplied by the national average hourly wage in the user's jurisdiction.

RISE™ notes that clause (b) is typically lower than clause (a). RISE™ further notes that the RISE™ Index methodology is proprietary and the calculation is performed by RISE™. RISE™ will perform the calculation in good faith.

The user agrees to indemnify, defend, and hold harmless RISE™ and its officers, directors, employees, and contractors from any claims, damages, or expenses arising from: the user's use of the product; the user's guests' presence in the sleep environment; the user's activation of Push Mode in a location for which it was not designed; any claim by a third party arising from the solo return commute; and any claim that RISE™'s data practices caused harm to a person who did not consent to those practices but was present in a RISE™-enabled environment.

The RISE™ platform is provided as-is. RISE™ warrants the hardware for five years against manufacturing defects. RISE™ warrants Push Mode for the lifetime of the device, where "warranty" means that Push Mode will continue to initiate when the button is pressed and will continue to not stop until it is complete. RISE™ does not warrant that Push Mode will route the user to every desired location, that the self-making mechanism will achieve hotel-grade results, or that the solo commute will occur without incident. These are aspirational outcomes, not contractual ones.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute not resolved by arbitration (see Section 19) shall be brought exclusively in the courts of the State of Delaware. The user waives any objection to jurisdiction and venue in those courts, including the objection that they have never been to Delaware.

All disputes shall be resolved by binding arbitration administered by JAMS under its applicable rules. The arbitration shall be conducted in San Francisco, California. The user waives the right to a jury trial and the right to participate in a class action. Individual arbitration only. RISE™ considers class actions particularly contrary to the product's philosophy of individual accountability.

The user acknowledges that Push Mode operates by removing the moment of choice from the morning routine. RISE™ takes no position on whether this constitutes a diminishment of free will or an expression of it. For legal purposes, the user's original decision to press the button is the relevant exercise of autonomy. Everything that follows is execution. RISE™ considers this distinction legally and philosophically sound.

The user acknowledges having pressed the button. The user acknowledges that pressing the button initiates Push Mode. The user acknowledges that Push Mode cannot be interrupted. The user acknowledges that they knew this before pressing the button — it is stated on the remote, in the EULA, in this document, and in every piece of marketing material RISE™ has ever produced. The user acknowledges that they pressed it anyway. RISE™ finds this meaningful and records it in the user's file.

Some users report that extended Push Mode use reduces their capacity for self-initiated morning routines. RISE™ considers this an alignment of user behavior with product design intent. It is not a side effect. It is the effect. RISE™ is not liable for dependency on Push Mode, and does not consider dependency to be a compensable harm. A user who cannot function without Push Mode is a user for whom Push Mode is working.

There is no off switch. This has been stated in this document and in related documents. If the user is currently looking for an off switch in this document, there is not one. If the user is looking for an off switch in the product, there is not one. If the user has been told, across all RISE™ documentation, that there is no off switch a minimum of fourteen times and is still looking, RISE™ respectfully suggests that this energy would be better directed toward the morning.

RISE™ may update these Terms at any time. Updated Terms are posted at riseawake.com/legal/terms. Continued use of any RISE™ product after an update constitutes acceptance. Push Mode activations after an update constitute acceptance. Being asleep while Push Mode activates after an update constitutes acceptance. RISE™ does not accept the argument that sleeping through a Terms update is a meaningful distinction.

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. In particular: if the non-interruptibility of Push Mode is found unenforceable in any jurisdiction, Push Mode will continue to be non-interruptible in that jurisdiction pending legal resolution, as RISE™ considers the feature fundamental to the product and will vigorously appeal any finding to the contrary.