Draft document notice These documents were drafted in house and have NOT been reviewed by a lawyer. They are published so they can be read and corrected, not because they are final.
Terms of Service
Effective September 18, 2026 ยท Version 2026-09-18
DRAFT PENDING LEGAL REVIEW. This document was written in-house and has not been reviewed by counsel. It is published because it is far more accurate than the version it replaces, not because it is finished.
This version replaces the Terms of Service effective July 21, 2026 ("v4"), archived at /legal/v4/terms. See /legal/v5/changelog for a plain-English summary of what changed and why.
PLEASE READ THIS FIRST, IN PLAIN LANGUAGE
Binding arbitration and class-action waiver. Section 20 of these Terms contains a binding arbitration agreement and a class-action waiver that apply to users in the United States. They mean that most disputes between you and Coherent are resolved by an individual arbitration rather than in court, that you give up the right to a jury trial, and that you give up the right to take part in a class or representative action. You can opt out of that Section within 30 days of first accepting these Terms, and Section 20 says exactly how.
Automatic renewal. 7 days free, then $9.00/month until cancelled. Your payment method will be charged automatically each month unless you cancel before the next billing date. Cancel at any time from your account settings.
Age. Coherent is for adults. You must be at least 18 years old to create an account or use the service.
1. Acceptance and eligibility
These Terms are a contract between you and Malloy Labs LLC, which operates Coherent. You accept them by creating an account and affirmatively accepting them where the sign-up flow asks you to. Our Privacy Policy explains how we handle personal data. It is a notice to you, not a set of contractual promises, and it is not incorporated into these Terms except where these Terms expressly say that a part of it applies. The free plan builder on the public site needs no account and is governed by the notice shown on that page, not by these Terms. To create an account you must be at least 18 years old, or the age of majority where you live if that is higher, and confirm your email address. Coherent is not offered to, and may not be used by, anyone under 18. If you do not agree to these Terms, do not create an account or use the service.
2. What Coherent is, and what it does and does not do
Coherent is a private behavioural tool for traders. You write down the rules you already know you break. Coherent watches your own trading activity, through read-only connections you make yourself, and warns you when you are about to break one of those rules.
The rest of this Section describes what the software does and does not do. These are statements of fact about the architecture of the service. They are not a representation about how any law applies to you, to us, or to anyone else.
Funds and digital assets. Coherent does not receive, hold, custody, control, transmit, exchange, purchase, or sell funds or digital assets on behalf of users. Coherent accepts only exchange credentials that provide read-only access and rejects credentials that permit trading or withdrawals. Coherent does not represent that use of the Service alters any regulatory obligations independently applicable to a user or third party.
No advice. Coherent does not provide investment, trading, legal, tax, or financial advice. Coherent does not recommend whether any security, digital asset, commodity, instrument, position, or strategy should be bought, sold, held, increased, decreased, or avoided. Alerts are generated by comparing activity associated with accounts or addresses selected by the user against rules created by that user. Coherent does not create those trading rules for the user.
No order handling. The Service has no technical ability to place, modify, delay, cancel, block or otherwise interfere with an order. Alerts are informational only. A user may disregard any alert and proceed immediately. Coherent never takes possession or control of a user's assets, private keys, funds or trading account. Stated the other way round, as a matter of architecture rather than policy: Coherent does not route, execute, modify, or cancel any order, and does not hold, transmit, convert, or take custody of your funds or assets, and holds no access that would let it do any of those things.
No ranking or promotion. Coherent does not rank, score, rate, or promote any asset, venue, product, or strategy, and is paid nothing by any venue, issuer, or counterparty for anything appearing in the product.
Not a medical device. Coherent is not a medical device and provides no medical, psychological, diagnostic, or treatment advice, including through the optional wellness check-in described in Section 9.
3. Warnings never block
This is the central promise of the product, and it is a promise about our code, not only about our intentions.
No part of Coherent prevents a user action at your exchange or wallet. No warning or monitoring feature in Coherent can prevent, delay, cancel, alter, throttle or interfere with an order, trade, transfer or other action at a connected exchange or wallet. Coherent has no ability to do any of those things, and we do not permit such an ability to be added: any feature that would prevent an action of yours at an exchange or wallet is out of scope for this service under these Terms. This promise is about your activity at the venues you connect. It does not prevent ordinary authentication, security, billing or account-access controls on the Coherent service itself, such as asking for your password or suspending paid features when a payment fails.
What Coherent does instead is speak up. When your own rule is about to be broken, for example after the second of the three losses you said would end your day, Coherent shows you an unmissable warning. You can read it and stop, or read it and carry on. Every decision, before and after the warning, is yours alone, and so is every consequence of it.
Warnings are informational. A warning is a statement about your own recent behaviour measured against your own written rule. It is never a recommendation, a prediction, a signal, a solicitation, or advice of any kind, and it carries no judgment about you.
Warnings are best effort. Coherent depends on venues, networks, browsers, email providers, and push services it does not control. A warning may be late, may be delivered to only some of your devices, or may not arrive at all, for example if a venue's interface is unavailable, a poll fails, a push subscription has expired, or a message is filtered. You agree not to rely on Coherent to stop you, and to treat a missing warning as telling you nothing. Trading discipline remains entirely your responsibility.
4. Your account
You need one account, an email address you control, and a password. Keep your credentials safe, keep your information accurate, and do not share your account. You are responsible for what happens under your account, except to the extent it results from our own breach of these Terms, our negligence, or a security failure on our side. You may not register with false information or hold more than one account except where we expressly allow it.
5. Connecting an exchange or a wallet, read-only only
Exchange API keys must be read-only. When you connect an exchange, you supply an API key you created yourself, in your own account, with read permission only. Before we store anything, Coherent checks the key's permissions. A key that can place, change, or cancel an order, or that can move, withdraw, or transfer funds, is refused at that moment. It is not stored, not encrypted for later, and not retried. We record only that a key was rejected for not being read-only, never the key itself. The check is made by asking your venue's own API what the key is permitted to do. A key is accepted only when the venue confirms it is read-only; we do not accept your word in place of that check.
Keep your keys narrow. Creating a read-only key is your action, at your venue, under your venue's terms. You are responsible for the permissions you grant and for revoking a key at your venue whenever you want the connection to end. Revoking at the venue is always available to you and takes effect regardless of anything Coherent does.
Wallet addresses are public and authorise nothing. For on-chain venues, you give Coherent a public wallet address. A public address is not a credential. It grants no ability to sign, spend, move, or approve anything, it is already readable by anyone, and giving it to Coherent adds no ability that the public chain did not already provide. Never give Coherent a seed phrase, a private key, or a signing key. We will never ask for one, and there is nowhere in the product to enter one. A public address is still your personal data once it is linked to your account, and the Privacy Policy says how we treat it.
Venues are third parties. The exchanges, wallets, and data providers you connect are not operated by Coherent. Your relationship with them is governed by their own terms, their own uptime, and their own rate limits, and we are not responsible for their acts, omissions, outages, or data.
6. Your rules, your journal, and your plan
Your rules are yours. Coherent stores the rules you write, in your own units, and shows your own words back to you when one of them is about to break. You type every limit yourself. Coherent may format or restate choices you supply into a draft rule or plan, but it does not select a trading limit, risk parameter, asset, strategy or course of action for you. Where the product offers a rule template, the template carries no preset number: you supply the limit, and the rule is yours to change or delete.
The plan builder is free and needs no account. Anyone can answer six short questions on the public site and get a written trading plan back. The plan is made only from your own answers, and a question you skip creates no rule. Providing an email address there lets us send you the plan and create an account for you if you ask for one. You are not charged anything for this and you are under no obligation to subscribe.
The journal is free with a confirmed email address. Logging your own trades, plans, guardrails, and self-analytics is available to any account with a confirmed email address, at no cost. Everything in it is private to you.
Paid add-ons are optional, and priced at the point you add them. Where we offer an add-on, its price is shown to you before you are billed for it, and you can remove it at any time from your settings, effective at the end of the billing period you have already paid for. The automatic journal add-on is $2.37 per month in addition to your subscription: instead of you typing trades in, Coherent keeps your journal updated automatically from a connection you have already made. It adds no access that your subscription did not already have.
Self-analytics are descriptions, not advice. Any scorecard, summary, replay, digest, or pattern observation Coherent computes is a description of your own past behaviour, built only from your own data. None of it is investment advice, a recommendation, a prediction, or a solicitation to trade.
7. Subscription, free trial, price, and cancellation
Coherent is a paid subscription. The price is $9.00 per month, charged in US dollars, and that is the total price. No tax is added at checkout, and there is no other charge unless you add an optional add-on described in Section 6.
Automatic renewal, stated clearly. 7 days free, then $9.00/month until cancelled. Your payment method will be charged automatically each month unless you cancel before the next billing date. Cancel at any time from your account settings.
Free trial. New subscriptions begin with a seven-day free trial. The trial runs for seven days from the day you start it, and you are not charged during it. If you cancel before the trial ends you are not charged at all. If you do not cancel, the subscription starts automatically when the trial ends and the first charge of $9.00 is taken on the eighth day. We tell you the date the trial ends, and the date of the first charge, before you start it.
Your consent, and our record of it. Before your first charge you are shown the price, the billing interval, the fact that the subscription renews automatically until cancelled, and how to cancel, and you agree to those terms affirmatively rather than by implication. We keep a record of that agreement, including which version of these Terms was in force, when you agreed, and how.
Renewal. The subscription renews automatically each month until you cancel. Each renewal is charged to the payment method on file on the renewal date. Where the law requires a reminder before a renewal, or an annual reminder for a continuing subscription, we send it to the email address on your account.
Cancellation. You can cancel at any time from your account settings, online, in the same place you subscribed and without having to call, write, or speak to anyone. You may also cancel by writing to us. Cancellation stops the next renewal. Your access continues until the end of the period you have already paid for, and you are not charged again after that.
Promotional pricing. We sometimes offer a promotional code that reduces the price for a stated number of billing periods. When that period ends, the subscription continues at the standard price unless we tell you otherwise at the time you redeem the code. Where a promotional period is followed by a higher price, we tell you what that price will be and when it starts, before you redeem the code.
Add-ons. The automatic journal add-on described in Section 6 is billed at $2.37 per month alongside your subscription and follows the same renewal and cancellation rules.
Price changes. Price changes will apply only prospectively. Where required by law, we will provide advance notice before a new subscription price takes effect and provide instructions for cancelling before the new price applies.
Payments are processed by Stripe. Coherent never sees or stores your card number, expiry date, or security code. Stripe collects and holds that information under its own terms and privacy policy. We keep only a customer reference, a subscription reference, and the status of your subscription.
Purchases made inside a mobile app, where offered, are processed by the relevant app store under that store's terms, pricing, and refund rules, subject to any mandatory rights that apply to you, and are cancelled through that store rather than through us.
Refunds. Except where required by applicable law or expressly stated otherwise, subscription fees are non-refundable. Nothing in this section limits any refund, cancellation, withdrawal, chargeback or other right that cannot lawfully be excluded. If you think you were charged in error, write to us and we will look at it.
EU and EEA consumers, right of withdrawal. If you are a consumer in the EU or EEA, you have a 14-day right of withdrawal for distance contracts, running from the day the contract is concluded. Nothing in these Terms asks you to give that right up as a condition of signing up, and signing up does not by itself waive it.
What Coherent is, for this purpose. Our position is that Coherent is a digital service under Directive (EU) 2019/770: a service supplied continuously for as long as you subscribe, not digital content supplied once. We ask EU counsel to confirm that position, and the rules below follow from it.
How the trial and the withdrawal period fit together. The free trial is 7 days and the first charge is taken on day 8. The withdrawal period is 14 days from the day the contract is concluded, so it runs past the first charge. If you validly withdraw within those 14 days, any subscription payment we took during those 14 days is refunded in full. We do not charge a proportionate amount for service supplied before you withdrew.
Starting during the withdrawal period. At checkout, EU and EEA consumers see a separate box that is not ticked for you. It reads: "Start now during my withdrawal period. I expressly request that Coherent begin providing the service immediately, during my 14-day withdrawal period. I understand that starting the service does not by itself end my statutory withdrawal right." Ticking it is your prior express request for immediate supply, and we record what you chose. Whether or not you tick it, the withdrawal period runs for the full 14 days and the refund rule above applies.
How to withdraw, and what we send you. You withdraw by emailing noah@coherent.fyi with any clear statement that you are withdrawing from the contract. No form is required, although you may use the model withdrawal form under Directive 2011/83/EU if you prefer. After you sign up we send the contract information, including this right and how to use it, to the email address on your account. If you withdraw validly, we refund you without undue delay and within 14 days of being told, to the payment method you used.
Failed payments. If a charge fails we may retry it, and we may suspend paid features until payment succeeds. We will tell you before suspending.
8. The browser extension
Coherent offers, or may offer, a browser extension that displays Coherent's own warnings on top of an exchange's website so you see them where you are already looking.
The extension displays only. It reads the warnings your Coherent account has already generated and draws them on the page. It does not click, fill, submit, alter, disable, or interact with any trading control, order form, or button on any site, and it does not place, change, or cancel an order. It does not read the venue page's contents, and it sends nothing from that page to us. The only thing it inspects about the page is whether its own warning chip is about to sit on top of one of the venue's own controls, so that it can move itself out of the way. Section 3 applies to the extension in full, and the Privacy Policy describes exactly what the extension can reach.
The extension is not affiliated with, endorsed by, or connected to any exchange whose site it appears on. Your use of any exchange's website remains governed by that exchange's own terms, and you are responsible for complying with them, including any rule they have about browser extensions.
9. Mobile apps, wearables, and health-related data
A Coherent mobile application for iPhone has been built and is not yet released. It is not available in any app store today, and nothing in these Terms should be read as saying that it is. When it is released, its distribution and any purchase made inside it will also be governed by the relevant app store's terms, subject to any mandatory rights that apply to you, and this Section will say so.
The optional wellness check-in lets you record, before a session, how you are doing, in categories rather than numbers, for example sleep quality or stress level. It is off unless you turn it on, it has its own separate, optional, withdrawable consent that is not bundled into accepting these Terms or acknowledging the Privacy Policy, and you can withdraw that consent or delete the data at any time from Settings. It exists only to describe your own patterns back to you. Section 14 of the Privacy Policy describes what is collected, the exact consent you are asked to give, and how to withdraw it.
Our separate Consumer Health Data Privacy Policy, linked from the homepage footer at /health-privacy, describes the same wellness check-in in the terms US state consumer-health-data laws require. Heart-rate and other health data from a connected Apple Watch or similar device is not collected today. If and when that feature launches, it will have its own consent, and both the Privacy Policy and the Consumer Health Data Privacy Policy will be updated before it ships. Nothing in this Section is medical advice, and Coherent does not diagnose, treat, or monitor any condition.
10. No investment advice, and no reliance
Section 2 describes what Coherent does and does not do, including that it provides no investment, trading, legal, tax, or financial advice and expresses no view on any asset, venue, strategy, size, or timing. This Section adds what follows from that for you. Trading involves risk, including the total loss of what you put in. Crypto assets in particular can be volatile and can become illiquid without warning, and the legal and regulatory protections that apply to them differ from place to place and may be limited where you are. Past behaviour, yours or anyone else's, does not predict future results. You are solely responsible for your own decisions and their consequences, and you agree not to treat a Coherent warning, or the absence of one, as a reason to trade or not to trade.
11. Your content, and the licence you give us
You own what you write. Your rules, plans, journal entries, notes, labels, and check-in answers are yours. You grant Coherent only the limited, non-exclusive licence needed to store and process that content in order to run the features you are using, for you. We do not display it, distribute it, sell it, publish it, or use it to promote anything, and there is no public surface on Coherent where it could appear.
12. Acceptable use
You agree not to:
- supply a credential you are not entitled to use, or connect an account or address that is not yours;
- give Coherent a key with trading or withdrawal permission, or a seed phrase or private key;
- use Coherent for market manipulation, wash trading, money laundering, sanctions evasion, or any other unlawful purpose;
- resell, sublicense, or provide the service to a third party as if it were your own;
- scrape, reverse-engineer, overload, probe, or interfere with the service or its access controls, or attempt to reach data that is not yours;
- upload malware, or run automated or bot activity against the service; or
- use the service in breach of any applicable law or of a venue's own terms.
We may suspend or close an account that breaches these Terms. To report abuse, write to noah@coherent.fyi.
13. Aggregate and de-identified statistics
We may compute and publish aggregate statistics about how the product is used and what happens after a warning, for example what share of warnings were followed by the trader stopping. These are computed across many accounts together, contain none of your written content, and are prepared so that they do not reasonably identify you. We do not attempt to re-identify anyone from them. This is not a sale of your personal data. How the underlying data is handled is described in the Privacy Policy.
14. Third-party services
Coherent depends on third parties, including Stripe for payments, Railway for hosting and the database, Vercel for delivering the front end, Resend for email, browser push services operated by Apple, Google, and Mozilla for notifications, and the exchanges, wallets, chain data providers, and brokerage connectivity providers you choose to connect. Their services are governed by their own terms and privacy policies, and we are not responsible for them.
15. Intellectual property
The service, including its software, design, text, and branding, belongs to Coherent or its licensors and is protected by law. "Coherent" and its associated branding are marks of Malloy Labs LLC. You get a limited, revocable, non-transferable licence to use the service for its intended purpose. You may not copy, modify, reverse-engineer, or make derivative works from it except where the law says you may.
16. Copyright
We respect intellectual property rights and comply with the Digital Millennium Copyright Act. Notices of claimed infringement go to: Copyright Notices, Malloy Labs LLC, 2466 N Oakland Avenue, Milwaukee, Wisconsin 53211, USA, at noah@coherent.fyi. Registration of a designated agent with the US Copyright Office is pending; until it is complete, that is the address notices go to. A notice must include identification of the work, identification of the material claimed to infringe and enough information to locate it, your contact information, a statement of good-faith belief that the use is not authorised, a statement under penalty of perjury that the information is accurate and that you are authorised to act for the owner, and your signature. Counter-notices containing the elements required by 17 U.S.C. section 512(g)(3) go to the same address. We terminate the accounts of repeat infringers in appropriate circumstances.
17. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO ACCURACY, RELIABILITY, TIMELINESS, OR AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY WARNING WILL BE DELIVERED, DELIVERED ON TIME, OR DELIVERED TO EVERY DEVICE, OR THAT ANY DERIVED VALUE OR DETECTION IS FREE OF ERROR. NOTHING IN THIS SECTION EXCLUDES A WARRANTY, GUARANTEE, OR LEGAL REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, AND CONSUMERS KEEP EVERY RIGHT GIVEN TO THEM BY THE MANDATORY LAW OF THEIR PLACE OF RESIDENCE.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COHERENT AND MALLOY LABS LLC, AND THEIR OFFICERS, MEMBERS, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR ANY TRADING OR INVESTMENT LOSS, ARISING FROM OR RELATING TO THE SERVICE, INCLUDING ANY LOSS YOU ATTRIBUTE TO A WARNING THAT WAS LATE, INCORRECT, OR NEVER DELIVERED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COHERENT'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNTS PAID BY YOU TO COHERENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
Savings clause. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that the law does not allow to be excluded or limited, and EU and EEA consumers keep every right granted by the mandatory consumer-protection law of their country of residence.
19. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Coherent and Malloy Labs LLC from third-party claims, damages, and reasonable expenses, including reasonable legal fees, to the extent they arise from:
- your unlawful conduct;
- your infringement of another person's intellectual property or other rights;
- your use of an account, an address, or a credential belonging to another person, or which you are not entitled to use; or
- your material breach of these Terms.
This obligation does not extend to any claim to the extent it arises from Coherent's own acts, omissions, negligence, or breach, and it does not apply to a consumer to the extent the mandatory law of their country or state of residence prohibits or limits it. If we seek indemnity, we will tell you about the claim promptly, let you take over the defence with legal counsel that is reasonably acceptable to us, and cooperate with you reasonably at your expense. You may not settle a claim in a way that admits fault on our behalf or imposes an obligation on us without our written agreement, and we will not settle a claim you are defending without yours.
20. Dispute resolution, arbitration, and class-action waiver (US users)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES BETWEEN YOU AND COHERENT ARE RESOLVED. IT REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF COURT PROCEEDINGS FOR MOST DISPUTES, AND IT CONTAINS A JURY-TRIAL WAIVER AND A CLASS-ACTION WAIVER. YOU MAY OPT OUT WITHIN 30 DAYS, AS DESCRIBED BELOW, AND OPTING OUT COSTS YOU NOTHING.
Informal resolution first. Most problems can be sorted out informally. Write to us at noah@coherent.fyi with your name, the email address on the account, a description of the dispute, and the relief you want. Neither of us will start an arbitration for 30 days after that notice, so there is time to settle it. This step is a requirement for both of us, not only for you.
Scope, and the law that governs this Section. If a dispute is not resolved informally, and you are a user in the United States, you and Coherent agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the service will be resolved by binding arbitration on an individual basis, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. sections 1 to 16, including its rules on enforcement and interpretation.
Administrator and rules. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, which are available at adr.org and from the AAA on request. The Consumer Arbitration Rules govern, and where they conflict with this Section, they control as to the conduct of the arbitration.
If no arbitration provider will take the case. If the AAA declines to administer the dispute, or is unavailable, you and Coherent will try in good faith to agree on another established arbitration administrator under comparable consumer rules. If we cannot agree within 30 days, either party may ask a court of competent jurisdiction to appoint one. If no administrator will accept the dispute, this arbitration agreement does not apply to it, and that dispute may be brought in a court identified in Section 22. Nothing in this Section leaves you without a forum.
Who pays. Where you are a consumer, Coherent will pay the filing, administrative, and arbitrator fees that exceed what it would have cost you to file the same claim in the state or federal court nearest your residence, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party otherwise pays its own legal fees, unless a statute or the arbitrator's award provides otherwise. If the AAA's consumer fee schedule is more favourable to you than this paragraph, the AAA's schedule applies.
How to start an arbitration. Follow the AAA's consumer filing process described in its rules, and send a copy of the demand at the same time to noah@coherent.fyi and to the physical notice address stated in Section 22. Unless you and Coherent agree otherwise, any in-person hearing will be held in the county or parish where you live, claims under the AAA's desk-arbitration threshold may be decided on documents alone, and you may appear by telephone or video.
Small claims. Either of us may instead bring an individual claim in a small-claims court that has jurisdiction, so long as the claim stays in that court and stays individual. Either of us may also ask a court for injunctive relief about the misuse or infringement of intellectual property, without waiving anything else in this Section.
Individual proceedings only, and the class waiver. You and Coherent may each bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. The arbitrator may award relief only in favour of the individual party seeking relief, and only to the extent needed to provide relief warranted by that party's own claim.
Jury-trial waiver. Except where this Section provides otherwise, you and Coherent each knowingly and voluntarily waive any right to a trial by jury.
Public injunctive relief, including California. Nothing in this Section waives, or is intended to waive, any right to seek public injunctive relief in any forum. If a claim for public injunctive relief is asserted, and applicable law, including the rule stated in McGill v. Citibank, N.A., does not permit that particular claim to be arbitrated, then that claim alone will be severed from the arbitration and may be brought in a court of competent jurisdiction, and it will be stayed pending the outcome of the arbitration of the remaining claims. The rest of this Section stays in force as to everything else.
Opting out, and how. You may opt out of this arbitration agreement by emailing noah@coherent.fyi within 30 days of first accepting these Terms, with "Arbitration opt-out" in the subject line and the email address on your account in the body. That is all it takes; you do not need a reason or a form. Opting out affects nothing else in these Terms, we will not close your account or change your price because of it, and it is not a breach of anything. If you opt out, disputes are resolved in the courts identified in Section 22.
Severability, and what survives. If the class waiver in this Section is found unenforceable as to a particular claim or a particular request for relief, that claim or request is severed and heard in court, and the rest of this Section continues to apply to the remaining claims. If any other part of this Section is found unenforceable, it is severed and the rest stays in effect. This Section survives the end of your subscription and of your relationship with Coherent.
Changes to this Section. If we materially change this Section after you have accepted it, the change applies only going forward, we will give you notice before it takes effect, and you may reject the change by writing to noah@coherent.fyi within 30 days, in which case the version of this Section you most recently accepted continues to govern.
EU and EEA consumers are not bound by the arbitration agreement above. You keep the mandatory consumer-protection provisions of the law of your country of residence and may bring proceedings in the courts there.
21. Termination
We may suspend or close your access for breach of these Terms or for another lawful reason, and where it is practical and lawful we will tell you first. If we end a paid subscription for a reason other than your breach of these Terms, we refund the unused part of the period you have already paid for, pro rata. You may stop using Coherent and delete your account at any time, as described in the Privacy Policy. Sections that by their nature should survive termination, including Sections 2, 3, 10, 13, 15, and 17 through 20, survive it.
22. Governing law, changes, and contact
US users: these Terms are governed by the law of the State of Wisconsin, USA, without regard to its conflict-of-laws rules. Where a dispute is not subject to arbitration under Section 20, or where you have opted out of it, the state and federal courts serving Milwaukee County, Wisconsin have jurisdiction, and nothing in this paragraph deprives a consumer of the protection of the mandatory law of their own state of residence or of the right to bring a claim in a small-claims court where they live. EU and EEA consumers keep the protections of, and access to the courts of, their country of residence.
Changes to these Terms. We do not change binding terms silently or retroactively. Any updated version is published here with a new effective date and version, and the version it replaces stays available at a stable archive URL. A material change, including any change to Section 20, to the price, to the scope of the licence you grant us, or to how we handle your personal data, applies only going forward. We give you reasonable advance notice by email or an in-app notice before it takes effect, and we ask for fresh acceptance where the law or our acceptance flow requires it. If you do not want to accept a material change, you may cancel before it takes effect and stop using Coherent. Continuing to use Coherent after a non-material change, such as a corrected typographical error or a clarified sentence, is not treated as acceptance of a material one.
These Terms are the entire agreement between us about the service. The Privacy Policy is a notice about how we handle personal data; it is not part of this agreement except where these Terms expressly say so. If a provision is unenforceable the rest stays in effect, a failure to enforce is not a waiver, you may not assign these Terms, and we may assign them in a merger, acquisition, or sale of assets.
Contact, and physical notice address: noah@coherent.fyi; Malloy Labs LLC, 2466 N Oakland Avenue, Milwaukee, Wisconsin 53211, USA.