COHERENCE TERMS OF USE AND LEGAL DISCLAIMER
Effective Date: August 21, 2025
1. INTRODUCTION
1.1 These Terms of Use ("Terms") govern your access to and use of the Coherence website, mobile application, and related services (collectively, the "Platform"). The Platform is for general wellness purposes only; no health claims are made per FTC guidelines. Breathwork content is broad in nature, describes general principles, and is not specific to you as an individual—it may not be appropriate or relevant to your personal situation and is not intended to diagnose, treat, cure, or prevent any medical conditions.
1.2 In these Terms:
- "We," "our," and "us" refers to Coherence, LLC, a Wyoming limited liability company with a registered agent at 5830 E 2ND ST STE 7000 22547, Casper, WY 82609.
- "You" and "your" refer to the individual using the Platform.
1.3 By using the Platform, you accept and agree to be bound by these Terms and our Privacy Policy. Please read these Terms carefully before you start to use the Platform. If you do not agree, you must not access or use the Platform. This Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you meet these eligibility requirements. If you do not, you must not access or use the Platform.
2. ACCEPTANCE AND MODIFICATION
2.1 By clicking "I Agree," creating an account, or using the Platform, you accept these Terms.
2.2 We may revise these Terms from time to time in our sole discretion. All changes are effective seven (7) days after we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Section 11 will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Platform so you are aware of any changes, as they are binding on you.
3. SAFETY CERTIFICATION
3.1 Upon first accessing the Platform, you must:
- Acknowledge and accept all risks via a mandatory clickwrap agreement.
- Certify you are over 18 or have obtained parental/legal guardian consent.
3.2 Users who fail to complete this process may be denied access.
4. USER OBLIGATIONS
4.1 You agree not to:
- Use the Platform for unlawful or fraudulent purposes.
- Disrupt or interfere with the operation of the Platform.
- Upload viruses or harmful code.
- Impersonate others.
- Use the Platform if under 18 unless authorized by a legal guardian.
4.2 You agree to:
- Follow all safety instructions on the Platform.
- Only engage in breathwork in safe environments (not near water, while driving, around fire/heights, or in any place or physical state where and when it may be dangerous if you were to lose consciousness).
- Not use during activities requiring full attention, such as operating machinery, or in medical emergencies.
- Report any adverse events to support@coherencebreath.com within 24 hours. Failure to report adverse events may waive your right to claim damages.
- Make all arrangements necessary for you to have access to the Platform and ensure that all persons who access the Platform through your internet connection are aware of these Terms and comply with them.
5. THIRD-PARTY LINKS AND CONTENT
5.1 We may provide links or integrations to third-party websites or apps. These are not endorsed or monitored by us.
5.2 You access third-party content at your own risk.
6. USER-HOSTED CONTENT AND SESSIONS
6.1 Users may host or share links to live breathwork syncs that allow users and non-users to join free sessions. By hosting or participating in any live sync, you agree to follow all posted safety instructions and the warnings in Section 7.
6.2 Hosted content and sessions are user-generated. We do not review, monitor, or medically endorse user-hosted content or sessions. As a platform provider, we are protected under Section 230 of the Communications Decency Act for third-party content.
6.3 We may remove content or end sessions at any time for any reason.
6.4 You are solely responsible for any content you host or submit and for the safety of any session you host. You agree to indemnify Coherence, LLC from claims arising from your hosted content or sessions. Coherence, LLC disclaims all liability for injuries, damages, or losses arising from participation in user-led sessions, whether hosted on the Platform or accessed through any link or integration.
7. LEGAL DISCLAIMER, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
7.1 INHERENT RISKS. Breathwork carries inherent risks including but not limited to dizziness, fainting, hyperventilation, emotional distress, hallucinations, panic attacks, exacerbation of anxiety or PTSD, dissociation, mental health crises, heart palpitations, seizures, respiratory distress, stroke, or death. These may arise from improper technique, pre-existing conditions, or environmental factors. Rapid breathing can cause lightheadedness, faintness, pain, shortness of breath, or heart disruption.
7.2 MEDICAL CLEARANCE REQUIRED. DO NOT PARTICIPATE IN ANY BREATHWORK UNLESS YOU ARE HEALTHY ENOUGH TO DO SO. IF YOU HAVE OR MAY HAVE A HEART CONDITION, RESPIRatory ILLNESS, A HISTORY OF SEIZURES OR EPILEPSY, ARE PREGNANT, OR USE MEDICATION THAT AFFECTS CONSCIOUSNESS, YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATION. Breathwork is for general wellness only and is not a substitute for medical or psychological care. If you experience faintness, dizziness, pain, shortness of breath, or any adverse effect, stop immediately and seek medical attention.
7.3 ASSUMPTION OF RISK. BY USING THE PLATFORM OR PARTICIPATING IN ANY BREATHWORK, YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, INCLUDING THOSE ARISING FROM ORDINARY NEGLIGENCE TO THE FULLEST EXTENT PERMITTED BY LAW, AND INCLUDING RISK OF SERIOUS INJURY OR DEATH. This assumption of risk does not apply to gross negligence, reckless conduct, or intentional misconduct where such waivers are prohibited by applicable law.
7.4 RELEASE AND WAIVER OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE, AND DISCHARGE COHERENCE, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AFFILIATES ("RELEASEES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, OR COSTS ARISING FROM YOUR PARTICIPATION IN BREATHWORK OR USE OF THE PLATFORM, INCLUDING PROPERTY DAMAGE OR LOSS.
7.5 YOU AGREE NOT TO SUE, and to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees for any claims, losses, or expenses brought by you or third parties (including heirs or medical providers) related to your use of the Platform, including reasonable legal fees incurred in connection with any third-party claim, suit, action, or proceeding arising out of or resulting from your use of the Platform.
7.6 STATE-SPECIFIC LIMITS. In jurisdictions such as California, New York, Florida, and Texas, waivers and releases are enforceable only to the extent permitted by law and shall be construed narrowly. This Section does not waive rights that cannot legally be waived or claims based on gross negligence, reckless conduct, intentional acts, or violations of public policy. In Florida, certain recreational activity waivers must contain specific statutory language and may be subject to heightened scrutiny. In Texas, certain claims related to outdoor recreational activities may be governed by the Texas Recreational Use Statute or other state-specific laws limiting liability.
7.7 IF YOU DO NOT AGREE TO THIS WAIVER, DO NOT USE THE PLATFORM.
7.8 We make no medical guarantees and are not liable for emotional trauma, mental breakdowns, or physical injuries caused by Platform use.
7.9 You confirm your use is voluntary and not coerced.
7.10 EMERGENCY DISCLAIMER: We do not provide emergency medical services. If you experience distress, stop immediately and seek professional help (e.g., call 911). We are not responsible for any delay or failure in emergency response. We assume no responsibility for any personal property, whether lost, stolen, or damaged.
8. INTELLECTUAL PROPERTY
8.1 All content is owned by Coherence, LLC. You may not copy, modify, reproduce, republish, sell, download, post, transmit, distribute, or otherwise use any material for any purpose without our prior express written permission. Materials are protected by copyrights, trademarks, and/or other intellectual property rights.
8.2 Any content you submit or create while using the Platform becomes our property. If unenforceable, you grant us a perpetual, worldwide, royalty-free license to use it.
9. PAYMENTS AND REFUNDS
9.1 Prices exclude applicable taxes. You agree to pay any taxes incurred.
9.2 Refunds are available for digital subscriptions if requested within 14 days. Transaction fees are non-refundable.
9.3 Subscriptions are personal to you and members of your household; you may not share your account or password with others outside your household. Any such sharing is a violation of these Terms and may result in cancellation without refund. Subscriptions auto-renew unless canceled; you authorize recurring charges. For annual subscriptions, you will be notified in advance of renewal. Cancel anytime through your account. We will not refund unused or inadvertently renewed subscriptions; refunds are granted solely at our discretion. Trials are available only to new users who have not previously accessed a free trial; if you have redeemed one, you are ineligible for another, even with a new account. Accidental purchases, duplicates, or misinterpretation of trial terms do not constitute grounds for refund—all users must cancel before renewal to avoid charges. Disputes must be resolved via arbitration (Section 11).
10. TERMINATION
10.1 We may terminate your access:
- Without refund for breach of these Terms, false health information, or unsafe behavior.
- With refund for any other reason at our discretion.
10.2 We reserve the right to withdraw or amend the Platform, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.
11. GOVERNING LAW AND ARBITRATION
11.1 These Terms are governed by the laws of the State of Delaware.
11.2 BINDING ARBITRATION. All disputes shall be resolved by binding arbitration in Austin, TX through the American Arbitration Association, in accordance with its Commercial Arbitration Rules. Language: English. One arbitrator. Costs shall be split reasonably between parties.
11.3 CLASS ACTION WAIVER. YOU AGREE TO BRING CLAIMS AGAINST COHERENCE, LLC ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
11.4 JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
11.5 You may opt out of arbitration within 30 days of acceptance by emailing support@coherencebreath.com with your name, address, and clear intent. Opting out does not affect other terms.
12. MISCELLANEOUS
12.1 We are not liable for events beyond our control (force majeure).
12.2 SEVERABILITY AND SURVIVAL. If any clause is deemed unenforceable, it shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect. Clauses related to arbitration, waiver, indemnity, intellectual property, privacy obligations, and limitations of liability shall survive termination.
12.3 No waiver is valid unless in writing.
12.4 You may not assign these Terms without our written consent.
12.5 LIMITATION OF ACTIONS. Any claim or cause of action arising out of or related to these Terms or the Platform must be commenced within one (1) year after such claim or cause of action accrues, or be forever barred.
13. HEALTH INFORMATION DISCLAIMER
13.1 Coherence does not collect or store Protected Health Information (PHI) under HIPAA standards. Any health data you provide is handled with reasonable care but is not subject to HIPAA protections. We comply with applicable privacy laws, including CCPA for CA residents. In case of data breaches, we will notify as required by law. Health data is anonymized where possible.
14. USER CERTIFICATION
14.1 Upon first accessing breathwork content, you must affirmatively agree: "I certify that I have read and understood the risks associated with breathwork. I have disclosed any relevant health conditions, consulted a medical provider if necessary, and voluntarily assume all risks."
14.2 This certification is separate from general Terms acceptance.
15. LIMITATION OF LIABILITY
15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING FROM THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF FEES YOU PAID IN THE PRIOR 12 MONTHS OR $100. WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL, EVEN IF ADVISED OF SUCH POSSIBILITY. If any waiver or release in Section 7 is deemed invalid, our aggregate liability shall not exceed the greater of fees paid in the prior 6 months or $500.
16. GDPR COMPLIANCE
16.1 Coherence, LLC respects and complies with the EU General Data Protection Regulation (GDPR). Some key ways we comply include:
- Consent: We explain what you're consenting to clearly and without legalese, and ask for explicit consent to contact from us.
- Breach Notification: In the event of a breach, we will notify affected users within 72 hours of first becoming aware.
- Right to Access: Users can request confirmation as to whether personal data concerning them is being processed, where, and for what purpose. We shall provide a copy of the personal data, free of charge, in an electronic format.
- Right to be Forgotten: Once we have compared your rights to the public interest in the availability of the data, we may delete your personal data where requested.
- Data Portability: We allow you to receive the personal data concerning you, which we will provide in a commonly used and machine-readable format, and you have the right to transmit that data to another controller.
- Privacy by Design: We implement appropriate technical and organizational measures to meet GDPR requirements and protect data subjects' rights. We hold and process only the data absolutely necessary (data minimization) and limit access to those needing it for duties.
16.2 Consent. We obtain consent where required and present clear, plain-language explanations at the point of data entry. Point of data entry means the specific screen or flow where you submit personal data or connect a third-party integration. Examples include uploading a profile photo, linking Instagram or X, or connecting Apple Health. Consent is granular to the specific purpose and can be withdrawn at any time in settings or by contacting support@coherencebreath.com. Withdrawing consent does not affect the lawfulness of processing based on consent before withdrawal. We also rely on other lawful bases where appropriate, such as performance of a contract and legitimate interests, which we balance against your rights.
CONTACT
Questions? Email us at support@coherencebreath.com