SMS Consent

Overview

THIS SMS & PHONE CONSENT POLICY ("SMS POLICY") DESCRIBES HOW KEEN MEDS INC. ("KEEN," "KEEN MEDS," "WE," "US," OR "OUR") USES YOUR PHONE NUMBER AND SENDS TEXT MESSAGES (SMS/MMS) IN CONNECTION WITH OUR PLATFORM AND SERVICES. BY PROVIDING YOUR PHONE NUMBER AND OPTING IN TO RECEIVE TEXT MESSAGES, YOU AGREE TO THE TERMS OF THIS SMS POLICY. IF YOU DO NOT AGREE, DO NOT PROVIDE YOUR PHONE NUMBER OR OPT IN TO TEXT MESSAGING.

1.1 Company. This SMS Policy is issued by Keen, operated by Keen Meds Inc., a Delaware corporation with its principal office at 1550 Wewatta Street, Suite 200, Denver, CO 80202.

1.2 Program Name. Keen Meds Alerts.

1.3 Scope. This SMS Policy covers all text messages (SMS and MMS) sent by or on behalf of Keen Meds, including messages sent in coordination with our affiliated medical practice and our partner pharmacy. This policy also covers the use of your phone number for identity verification purposes. The specific medical practice and pharmacy entities are identified in Section 18 (Contact Information) of this Policy.

1.4 Related Policies. This SMS Policy is part of the legal framework governing your use of the Keen platform. Please also review our Terms and Conditions and Privacy Policy, which are incorporated herein by reference.

2. Phone Number Verification

2.1 Purpose. When you create an account or access certain features on the Keen platform, we may require phone number verification to confirm your identity. Phone verification uses a one-time verification code (OTP) sent via SMS to the phone number you provide. Phone verification is used for:

(a) Account creation and registration.

(b) Multi-factor authentication (MFA) at login.

(c) Identity verification before accessing health records or protected health information (PHI), as required under HIPAA.

(d) Password reset and account recovery.

2.2 How It Works. When you enter your phone number and click "Send Code" (or a similar prompt), you consent to receive a one-time verification code via text message from Keen Meds to verify your identity. This is a single, transactional message for verification purposes only.

2.3 Verification Code Format. Verification codes expire within ten (10) minutes. Do not share your verification code with anyone. If you did not request a verification code, please ignore the message.

2.4 Rate Limiting. To prevent abuse, verification code requests are limited (e.g., three attempts per fifteen-minute period). If you exceed this limit, you may need to wait before requesting a new code.

2.5 Separate from Marketing Consent. Consent to receive phone verification codes is separate from consent to receive other text messages. Providing your phone number for verification does NOT opt you in to marketing, promotional, or recurring text messages.

3. Types of Text Messages We Send

3.1 Transactional and Informational Messages. These are messages related to your account and orders, including but not limited to:

(a) Order confirmations and shipping notifications.

(b) Delivery updates and tracking information.

(c) Account alerts and security notifications.

(d) Prescription refill reminders.

(e) Billing and payment confirmations.

3.2 Healthcare and Treatment Messages. These are messages related to your clinical care, sent on behalf of our affiliated medical practice and/or our partner pharmacy, including but not limited to:

(a) Appointment and consultation reminders.

(b) Lab work reminders and result notifications.

(c) Medication reminders.

(d) Care follow-up notifications.

(e) Treatment-related updates.

Healthcare messages are subject to the TCPA healthcare exemption and HIPAA requirements. Healthcare messages are limited to one (1) message per day and three (3) messages per week, contain no marketing content, and include opt-out instructions.

3.3 Marketing and Promotional Messages. With your separate, express written consent, we may also send marketing and promotional text messages, including but not limited to:

(a) New product announcements.

(b) Promotional offers and discounts.

(c) Health and wellness tips.

(d) Re-engagement campaigns.

Consent to receive marketing messages is NOT a condition of purchasing any goods or services from Keen Meds.

📦
Transactional & Informational

Order confirmations, shipping updates, account alerts, prescription refill notifications, billing confirmations, membership renewal reminders, and account verification codes.

Frequency: As needed based on your account activity

🩺
Healthcare Messages

Appointment reminders for telehealth consultations, lab result availability notifications, medication reminders, and care follow-up alerts.

Frequency: Up to 1 message per day, 3 per week

📣
Marketing Messages

Product announcements, promotional offers, and wellness tips. These messages require separate written consent and are never sent without your explicit opt-in.

Frequency: Up to 4 messages per month (requires separate consent)

4. Message Frequency

4.1 Frequency Varies. Message frequency varies based on your account activity, preferences, and the categories of messages for which you have provided consent.

4.2 Transactional Messages. Transactional messages are sent as needed based on your account activity (e.g., when you place an order, when a shipment is dispatched, or when a payment is processed).

4.3 Healthcare Messages. Healthcare messages are sent based on your treatment schedule, care plan, and clinical needs. Maximum frequency: one (1) message per day and three (3) messages per week.

4.4 Marketing Messages. If you opt in to marketing messages, you may receive up to four (4) marketing messages per month. Actual frequency may be less depending on current promotions and campaigns.

5. Message and Data Rates

5.1 Standard Rates Apply. Message and data rates may apply to any text messages you receive from Keen Meds or send to Keen Meds (such as STOP or HELP). Check with your mobile carrier for details about your messaging plan and any applicable charges.

5.2 No Carrier Charges from Keen. Keen Meds does not charge you for receiving text messages, but your wireless carrier's standard messaging rates will apply.

6. How to Opt In

6.1 Verification Messages. You consent to receive verification codes by entering your phone number and clicking "Send Code" (or a similar prompt) during account creation, login, or identity verification flows on the platform.

6.2 Transactional and Healthcare Messages. You consent to receive transactional and healthcare messages by providing your phone number during registration or through your account settings and agreeing to receive account-related and care-related communications.

6.3 Marketing Messages. You consent to receive marketing messages by checking a clearly labeled, unchecked-by-default consent checkbox during registration, checkout, or within your account settings. The checkbox will clearly describe the type of messages you will receive.

Opt-In Method 1

Website Registration at livekeen.co

During account creation, new members see the following unchecked consent checkbox before completing enrollment:

I agree to receive text messages from Keen regarding my membership, appointments, lab work, orders, and shipping updates. Message frequency varies. Msg & data rates may apply. Reply STOP to opt out or HELP for help. View our Privacy Policy and Terms.

Checkbox is unchecked by default — requires active user action to enable

Opt-In Method 2

Patient Portal — Account Notification Settings

Existing members can enable SMS notifications from within their account settings. When toggling notifications on, the following consent confirmation is displayed:

• Notification Preferences
• Email Notifications
• Text Message Notifications
• By enabling text message notifications, you agree to receive SMS messages from Keen regarding your membership, appointments, lab work, orders, and shipping updates. Message frequency varies. Msg & data rates may apply. Reply STOP to cancel. Reply HELP for help. View our Privacy Policy and Terms.
• Enable SMS Notifications
• Cancel

6.4 Confirmation Message. After you opt in to text messages, you will receive a confirmation message similar to the following:

Confirmation

Welcome Message Sent After Opt-In

After opting in via either method, members receive the following confirmation message:

SMS Preview

Keen: You're signed up for text message alerts! You'll receive order updates, care notifications, and account alerts. Msg frequency varies. Msg & data rates may apply. Reply HELP for help. Reply STOP to cancel.

6.5 Consent Records. We maintain records of your consent, including the date and time you opted in, the method of opt-in, the exact consent language displayed, and your IP address at the time of consent, as required by the TCPA.

7. How to Opt Out

7.1 Reply STOP. You may opt out of text messages at any time by replying STOP (or CANCEL, END, QUIT, or UNSUBSCRIBE) to any text message you receive from Keen Meds. You will receive a one-time confirmation message:

"Keen Meds: You've been unsubscribed and will no longer receive text messages from us. Reply START to re-subscribe. For help, contact support@livekeen.co."

After opting out, you will not receive any further text messages from us unless you re-subscribe.

7.2 Other Opt-Out Methods. You may also opt out of text messages by:

(a) Contacting us at support@livekeen.co.

(b) Updating your communication preferences in your account settings on the platform.

7.3 Processing Time. STOP requests via SMS are processed immediately. You will receive a final confirmation message and no further messages will be sent. Opt-out requests submitted through other channels (email or account settings) are processed within two (2) business days. If you continue to receive messages after replying STOP, please contact support@livekeen.co.

7.4 Opt-Out Scope. Opting out of marketing messages does not affect transactional or healthcare messages related to your active account, orders, or clinical care. To stop all messages, you may need to opt out separately from each message category or close your account.

7.5 Re-Subscribe. If you have opted out and wish to receive text messages again, you may re-subscribe by replying START to our short code, by updating your account settings, or by contacting support@livekeen.co.

8. HELP and Support

8.1 Reply HELP. You may text HELP to any message from Keen Meds to receive assistance. You will receive a response similar to the following:

"Keen Meds: Type HELP for help. Visit livekeen.co or contact support@livekeen.co. Msg frequency varies. Msg & data rates may apply. Reply STOP to opt out."

8.2 Contact Support. For any questions or issues related to text messaging, you may contact us:

Keen Meds Inc.

1550 Wewatta Street, Suite 200
Denver, CO 80202

Email: support@livekeen.co

Website: livekeen.co

9. Supported Carriers

9.1 Major U.S. Carriers. Text messaging is supported on all major U.S. wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, Sprint, U.S. Cellular, and their affiliates.

9.2 Carrier Disclaimer. T-Mobile is not liable for delayed or undelivered messages. Other carriers are similarly not responsible for delayed or undelivered messages. Delivery of text messages is subject to effective transmission by your wireless carrier.

9.3 Carrier Limitations. Text messaging availability, timeliness, and delivery are not guaranteed by Keen Meds. Messages may be delayed or undelivered due to carrier network issues, device compatibility, coverage area limitations, or other factors outside our control.

10. TCPA Compliance

10.1 Telephone Consumer Protection Act. Keen Meds complies with the Telephone Consumer Protection Act (47 U.S.C. Section 227) and its implementing regulations. We obtain the appropriate level of consent before sending text messages:

(a) Prior Express Consent for transactional and informational messages (implied when you provide your phone number in connection with a transaction or service inquiry).

(b) Prior Express Consent for phone verification codes (implied when you enter your phone number and request a code).

(c) Prior Express Written Consent for marketing and promotional messages (obtained through a clearly labeled consent mechanism, such as an unchecked checkbox, that includes all required TCPA disclosures).

10.2 No Purchase Required. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services from Keen Meds.

10.3 Autodialed Messages. Some text messages may be sent using an automatic telephone dialing system (autodialer) or prerecorded/artificial voice technology. By providing your consent, you agree to receive such messages at the phone number you provide.

11. CTIA Compliance

11.1 CTIA Messaging Principles. Keen Meds adheres to the Cellular Telecommunications Industry Association (CTIA) Messaging Principles and Best Practices, including:

(a) Providing clear and conspicuous disclosure of message types, frequency, and costs before obtaining consent.

(b) Implementing STOP and HELP keyword functionality on all messaging programs.

(c) Sending an opt-in confirmation message upon enrollment.

(d) Maintaining a publicly accessible SMS policy (this page).

(e) Not sharing opt-in data with third parties for marketing purposes.

(f) Honoring opt-out requests promptly.

12. Privacy of Your Phone Number

12.1 How We Use Your Phone Number. Your phone number is collected and used for the purposes described in this SMS Policy, including identity verification, transactional communications, healthcare communications, and (with your separate consent) marketing communications.

12.2 No Sharing for Third-Party Marketing. Your phone number and opt-in consent data will NOT be shared with, sold to, or rented to third parties for their own marketing purposes. No mobile information collected through our SMS messaging program will be shared with or sold to third parties or affiliates for marketing or promotional purposes. Mobile opt-in data and consent records will not be shared with any third parties under any circumstances, except as required to deliver messages on our behalf through our messaging service provider.

12.3 Permitted Disclosures. We may share your phone number with the following parties solely to facilitate the services described in this SMS Policy:

(a) Our affiliated medical practice — for healthcare and treatment-related communications.

(b) Our partner pharmacy — for prescription and order-related communications.

(c) SMS service providers — third-party vendors that operate our text messaging infrastructure on our behalf, subject to confidentiality agreements and data processing terms.

12.4 Data Retention. We retain your phone number and opt-in/opt-out records for as long as your account remains active and for a reasonable period thereafter to comply with legal and regulatory requirements, including TCPA recordkeeping obligations.

12.5 Privacy Policy. For full details on how we collect, use, store, and protect your personal information, including your phone number, please review our Privacy Policy.

13. Healthcare Message Exemption

13.1 TCPA Healthcare Exemption. Under the TCPA healthcare exemption, treatment-related text messages may be sent to your mobile phone by or on behalf of our affiliated medical practice (the covered healthcare entity) if:

(a) You provided your phone number to our affiliated medical practice or Keen Meds in connection with receiving healthcare services.

(b) Messages are limited exclusively to healthcare information and contain no marketing content.

(c) Messages do not exceed one (1) per day or three (3) per week.

(d) Messages are under 160 characters.

(e) Messages include opt-out instructions.

13.2 Medical Practice Authorization. Healthcare messages are sent on behalf of and as directed by our affiliated medical practice. Keen Meds and our partner pharmacy send healthcare-related messages only in their capacity as service providers to the medical practice.

14. FCC Compliance

14.1 Opt-Out Processing. Keen Meds processes SMS opt-out (STOP) requests immediately. Opt-out requests submitted through other channels (email, phone, or the platform) are processed within two (2) business days in accordance with FCC rules.

14.2 Revoke All Rule. Keen Meds is preparing for compliance with the FCC's upcoming "Revoke All" rule (anticipated effective date: January 31, 2027), which will require that a single opt-out request revoke consent for all messaging categories. We will update this SMS Policy when the rule takes effect.

15. State-Specific Disclosures

15.1 California Residents. If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA/CPRA) with respect to your phone number and personal information. Please refer to our Privacy Policy for details.

15.2 Texas Residents. Effective September 1, 2025, Texas SB 140 expands telemarketing rules to include SMS, MMS, and RCS messaging. Keen Meds complies with these requirements for Texas residents.

15.3 Other States. Additional state laws may apply to text messaging communications. Keen Meds complies with all applicable state and federal regulations governing text messages.

16. Disclaimers

16.1 No Warranty. TEXT MESSAGING SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KEEN MEDS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AVAILABILITY, TIMELINESS, OR DELIVERY OF TEXT MESSAGES.

16.2 Carrier Liability. KEEN MEDS IS NOT RESPONSIBLE FOR DELAYED OR UNDELIVERED MESSAGES DUE TO CARRIER NETWORK ISSUES, DEVICE INCOMPATIBILITY, OR OTHER FACTORS OUTSIDE OUR CONTROL. NO WIRELESS CARRIER, INCLUDING BUT NOT LIMITED TO T-MOBILE, IS LIABLE FOR DELAYED OR UNDELIVERED MESSAGES.

16.3 Not for Emergencies. Text messaging through the Keen platform is not intended for medical emergencies. If you are experiencing a medical emergency, call 911 or go to your nearest emergency room immediately.

16.4 Security. While we implement reasonable safeguards to protect text message communications, SMS is not an encrypted communication channel. Do not send sensitive health information, financial data, or other confidential information via text message.

17. Changes to This Policy

17.1 Right to Update. Keen Meds reserves the right to modify this SMS Policy at any time. Material changes will be communicated to you via text message, email to the address associated with your account, or through a prominent notice on the platform at least thirty (30) days before the changes take effect.

17.2 Continued Use. Your continued receipt of or failure to opt out of text messages after the effective date of any modification constitutes your acceptance of the updated SMS Policy.

18. Contact Information

For questions, concerns, or requests related to this SMS Policy, please contact us:

Keen Meds Inc.

1550 Wewatta Street, Suite 200
Denver, CO 80202

Email: support@livekeen.co

General Questions: ask@livekeen.co

Website: livekeen.co

Service Partners

The following independent entities may send or initiate text messages in connection with your care:

Medical Practice. Our affiliated medical practice is an independent practice whose licensed clinicians provide telehealth consultations and clinical care through the Platform. Healthcare messages are sent on behalf of and as directed by our affiliated medical practice.

Pharmacy. Our licensed compounding pharmacy partner prepares, dispenses, and ships prescription medications. Prescription and order-related messages may be sent on behalf of our partner pharmacy.

BY PROVIDING YOUR PHONE NUMBER, OPTING IN TO RECEIVE TEXT MESSAGES, OR REQUESTING A PHONE VERIFICATION CODE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF THIS SMS & PHONE CONSENT POLICY. YOU FURTHER ACKNOWLEDGE THAT MESSAGE AND DATA RATES MAY APPLY AND THAT CONSENT TO RECEIVE MARKETING MESSAGES IS NOT A CONDITION OF PURCHASE.

© 2026 Keen Meds Inc. All rights reserved.

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