Terms of service

Cool Breath – Website Terms and Conditions

1. Introduction

These Website Terms and Conditions, including the terms of sale set out below (together, these Terms), govern access to and use of the Cool Breath website located at https://trycoolbreath.com and any related pages, features, checkout pages and customer portals operated by or on behalf of Big Creative Group LLC, a Delaware limited liability company trading as Cool Breath (Cool Breath, we, us or our).

These Terms apply to:

  • all visitors to the website;
  • all customers purchasing products through the website; and
  • all users who create an account, upload content, subscribe to recurring deliveries where a subscription offering is made available, or otherwise interact with the website.

Please read these Terms carefully before using the website or placing an order. By accessing or using the website, creating an account, or placing an order, you confirm that you have read, understood and agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the website or purchase products from us.

2. Key Commercial Position

These Terms are intended to support the online sale of:

  • the current Cool Breath electronic oral spray device; and
  • interchangeable original pods for that device,

sold under the Cool Breath brand, with the United States as the principal market and further sales into Albania, Australia, Austria, Belgium, Canada, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Kuwait, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, the United Arab Emirates, the United Kingdom and the United States, subject always to availability, shipping restrictions, local law and these Terms. The countries to which we actively ship are not necessarily the countries in which we advertise or target marketing.

These Terms should be read together with our:

  • Privacy Policy;
  • Cookie Policy;
  • Shipping Policy;
  • Returns and Replacement Policy;
  • Limited Warranty; and
  • Subscription Terms, where a subscription offering is made available and you purchase on a recurring or auto-renewal basis.

If there is any conflict between these Terms and any product-specific policy expressly incorporated at checkout, the product-specific policy will prevail to the extent of the conflict.

3. Merchant Identity and Contact Details

The seller of products on this website is:

Big Creative Group LLC
trading as Cool Breath
Registered in Delaware, United States
Registered address: 8 The Green #12682, Dover, DE 19901, United States
Email: hello@trycoolbreath.com
Website: https://trycoolbreath.com

4. Eligibility and Lawful Purchases

4.1 Lawful eligibility

The website and our products are intended only for individuals who may lawfully purchase, receive and use them in their place of residence and in any place where the products are delivered.

You must not use the website to purchase products if you may not lawfully purchase, receive or use them in your place of residence or in any place where the products are delivered.

4.2 Your confirmations

By using the website, clicking Pay Now or any equivalent final purchase button, or placing an order, you represent and warrant that:

  • you meet the eligibility requirements in clause 4.1;
  • you have legal capacity to enter into a binding agreement with us;
  • all information you provide is true, accurate and complete; and
  • you will use the products only lawfully and in accordance with all instructions, warnings and applicable law.

4.3 Eligibility checks

We may, at any time and in our sole discretion:

  • require eligibility verification before accepting or fulfilling an order;
  • use third-party eligibility verification tools;
  • refuse, suspend or cancel any order where we are not satisfied as to eligibility; and
  • restrict access to parts of the website or customer account pending verification.

5. Changes to the Website and Terms

We may update the website, our products, pricing, policies or these Terms from time to time.

Where we amend these Terms:

  • the updated version will be posted on the website with a revised Last Updated date;
  • changes will apply prospectively unless otherwise required by law; and
  • if you continue to use the website or place an order after the updated Terms take effect, you agree to the revised Terms.

Material changes to dispute resolution provisions, including the arbitration clause, will not apply retroactively to disputes that arose before the change unless applicable law permits and you separately agree.

6. Account Registration and Security

6.1 Accounts

Certain features of the website may require you to create an account. You are responsible for:

  • maintaining the confidentiality of your login credentials;
  • restricting access to your account and devices;
  • ensuring your account information remains current; and
  • all activity carried out through your account, whether or not authorised by you, unless caused by our breach of law or security obligations.

6.2 Prohibited account conduct

You must not:

  • create an account using false or misleading details;
  • impersonate another person or entity;
  • share account credentials with unauthorised persons;
  • use another user’s account without permission; or
  • attempt to circumvent eligibility verification, purchase limits or account restrictions.

6.3 Suspension or closure

We may suspend, restrict or terminate your account, without prior notice where reasonably necessary, if:

  • we reasonably suspect fraud, misuse or unlawful activity;
  • you breach these Terms;
  • we are required to do so by law, regulation, card scheme rules, payment provider requirements or court order; or
  • your conduct exposes us, our customers, our service providers or third parties to legal, safety or reputational risk.

7. Orders and Contract Formation

7.1 Invitation to treat

All product listings, descriptions and pricing on the website are an invitation to treat and not a binding offer by us.

7.2 Order placement

When you click Pay Now, finalise your purchase or otherwise submit an order through the final checkout step, you are making an offer to purchase the selected products subject to these Terms. The checkout should present clear notice near the Pay Now or equivalent final purchase button that, by finalising your purchase, you agree to these Terms and any linked legal policies visible at checkout. Unless a mandatory checkbox or other affirmative mechanism is required by applicable law, no separate active checkbox is required for acceptance. Your order is not accepted until we confirm acceptance.

7.3 Order acceptance

We may accept or reject any order in our discretion, including where:

  • the product is unavailable;
  • pricing or product information is inaccurate;
  • payment cannot be authorised or verified;
  • we suspect fraud, misuse, resale abuse or unlawful conduct;
  • shipping restrictions apply;
  • eligibility verification is incomplete or unsuccessful; or
  • the order would breach applicable law or these Terms.

A contract is formed only when we send you an order confirmation stating that your order has been accepted, or when we dispatch the products, whichever occurs first.

7.4 Order limits and cancellation

We may impose quantity limits per order, customer, account, address or payment method. We reserve the right to cancel or restrict orders that, in our reasonable opinion:

  • appear to be placed by dealers, resellers or distributors without written authority;
  • involve unusual ordering patterns;
  • are linked to chargeback abuse or refund abuse; or
  • create safety, legal or commercial risk.

If we cancel an order after payment has been taken and no shipment has occurred, we will refund the amount paid for the cancelled order in accordance with applicable law.

8. Product Descriptions and Availability

8.1 Product information

We aim to describe our products as accurately as reasonably possible. However:

  • images are illustrative only;
  • colors, finishes and packaging may vary;
  • flavors, specifications and availability may change from time to time; and
  • minor differences may occur between on-screen presentation and the delivered product.

8.2 Availability

All products are subject to availability. We do not guarantee continuous availability of any product, flavor, accessory or configuration.

8.3 Product development

We may change, discontinue or replace products, product specifications, flavors, packaging or features at any time, provided that doing so does not affect any rights you have already acquired under a completed contract, except where changes are required for legal, regulatory or safety reasons.

9. Pricing, Taxes and Payment

9.1 Pricing

Prices shown on the website may display based on the visitor’s location and checkout settings in USD, CAD, EUR, GBP, AUD, CHF, AED, NZD, JPY, CZK, ALL, DKK, HUF, PLN or SEK, and are exclusive or inclusive of taxes only if expressly stated. Prices do not include shipping charges, duties, import taxes, customs clearance fees or similar charges unless expressly stated at checkout.

9.2 Errors

Despite our best efforts, errors in pricing, descriptions, availability or promotions may occur. If we discover an error affecting your order, we may:

  • contact you for instructions;
  • cancel the affected order; or
  • reject the order before acceptance.

If payment has already been taken for an order that we cancel due to a genuine error, we will refund the amount paid.

9.3 Taxes and import charges

You are responsible for any:

  • sales tax, use tax, VAT, GST or similar indirect taxes not collected at checkout;
  • customs duties;
  • import charges; and
  • local clearance or brokerage fees,

unless applicable law requires otherwise or the website expressly states that such charges are included.

9.4 Payment methods

We accept the payment methods displayed at checkout. By submitting payment details, you:

  • confirm that you are authorized to use the chosen payment method;
  • authorize us and our payment processors to charge the total amount due; and
  • agree that payment may be subject to validation checks, fraud screening and third-party approval.

9.5 Failure of payment

If payment is declined, reversed, charged back or otherwise not successfully received, we may:

  • refuse or cancel the order;
  • suspend shipment;
  • suspend subscriptions, where a subscription offering is made available, or future orders;
  • recover reasonable collection costs where lawful; and
  • pursue any other remedy available at law.

10. Subscriptions and Auto-Renewal

Where we make a subscription offering available, some products may be offered on a subscription or recurring delivery basis. If you enroll in an available subscription:

  • the subscription is additionally governed by our Subscription Terms;
  • the Subscription Terms are incorporated into these Terms by reference; and
  • in the event of conflict, the Subscription Terms will prevail in relation to subscription billing, renewals and cancellation mechanics.

You remain responsible for reviewing the Subscription Terms before completing a subscription purchase.

11. Shipping, Delivery, Title and Risk

11.1 Shipping

Shipping arrangements are governed by our Shipping Policy, as updated from time to time and incorporated into these Terms by reference. Current active shipping countries are Albania, Australia, Austria, Belgium, Canada, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Ireland, Italy, Japan, Kuwait, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, the United Arab Emirates, the United Kingdom and the United States. Active shipping countries are not necessarily advertising-targeted countries.

11.2 Delivery estimates

Any delivery date or timeframe provided by us is an estimate only unless we expressly agree otherwise in writing. Delays may occur for reasons outside our reasonable control, including carrier disruption, customs delays, severe weather, regulatory holds, supply chain disruption or force majeure events.

11.3 Delivery address

You are responsible for ensuring that the delivery address and contact details provided are complete and accurate. Subject to mandatory law, we are not responsible for loss arising from inaccurate or incomplete delivery information supplied by you. Wrong-address shipments without Shipping Protection are generally your responsibility, although we may offer assistance or reshipment on a case-by-case basis.

11.4 Title and risk

Unless mandatory law requires otherwise:

  • title to products passes to you when we have received payment in full and the products are delivered to the carrier or delivery service for shipment to you; and
  • risk of loss or damage passes to you on delivery to the address provided in your order, or, if you fail to take delivery, at the time delivery would ordinarily have occurred.

11.5 International deliveries

International shipments may be subject to local import restrictions, customs review, regulatory controls or product-specific prohibitions. You are responsible for checking whether the products may lawfully be imported, possessed and used in the destination country or region before placing an order.

We may refuse or cancel orders where shipment, import or use would, in our reasonable opinion, breach applicable law or create unreasonable compliance risk.

Shipping Protection may be offered as an optional add-on at checkout and is currently priced at USD 3.49. Where purchased, Shipping Protection covers eligible transit damage, loss or theft, but does not cover customer negligence, including an incorrect or incomplete delivery address. If you do not purchase Shipping Protection, we may offer reshipment on a case-by-case basis from USD 12.49, subject always to mandatory law and the applicable Shipping Policy.

12. Product Use, Safety and Original Pods

12.1 Compliance with instructions

You must use all products strictly:

  • in accordance with any user manual, product labelling, safety warning, packaging instruction and website guidance;
  • only for their intended consumer purpose; and
  • in accordance with applicable law and common-sense safety precautions.

12.2 Safety-critical obligations

Without limitation, you must not:

  • use a damaged, leaking, overheated, altered or malfunctioning device or pod;
  • expose the device or pods to excessive heat, flame, liquids, high humidity or other unsuitable conditions;
  • dismantle, puncture, crush, tamper with or attempt to repair the device, battery, charging mechanism or pods unless expressly authorised in writing by us;
  • charge the device using incompatible, damaged or unsafe charging equipment;
  • use the product in a manner inconsistent with the product instructions;
  • refill pods with third-party liquids unless expressly permitted in writing by us;
  • mix, dilute or alter pod contents;
  • continue using the product if irritation, malfunction, overheating or any unusual condition occurs; or
  • make the product available to any person who may not lawfully purchase, receive or use the product in their place of residence or in any place where the product is delivered.

12.3 Original pods only

For quality, compatibility and safety reasons, the device is intended to be used only with interchangeable original Cool Breath pods supplied or expressly authorized by us. Use with non-original, counterfeit, modified or unauthorized pods, accessories or consumables may:

  • create safety risks;
  • impair product performance;
  • invalidate applicable warranty coverage to the extent permitted by law; and
  • result in refusal of replacement claims where the issue was caused by such use.

12.4 Health and ingredient sensitivities

Products may contain ingredients such as zinc, menthol and sweeteners and may not be suitable for all users. You are responsible for reviewing ingredient information and avoiding use if you have any sensitivity, allergy, intolerance, adverse reaction history or other condition making use unsuitable.

If you experience irritation, discomfort, an adverse reaction, overheating or any other safety issue, stop using the product immediately and contact us at hello@trycoolbreath.com.

12.5 No unauthorized modification

You must not alter the products, their packaging, warnings, instructions, serial codes, lot codes or identifying labels.

13. Prohibited Conduct

You must not, directly or indirectly:

  • use the website or products for any unlawful purpose;
  • breach these Terms or any incorporated policy;
  • interfere with website security or functionality;
  • scrape, crawl, harvest or extract data from the website without written permission;
  • introduce malware, malicious code or harmful material;
  • reverse engineer or attempt to derive source code from any website software except where non-excludable law permits;
  • submit false safety reports, fraudulent returns, false chargebacks or misleading complaints;
  • purchase products for unauthorized resale, redistribution or marketplace listing;
  • infringe our intellectual property rights or the rights of third parties; or
  • use the products in a way that endangers yourself, others or property.

14. Returns, Replacements and Warranty

14.1 Policy framework

Returns, replacements and warranty coverage are governed by:

  • our Returns and Replacement Policy; and
  • our Limited Warranty,

each of which is incorporated into these Terms by reference.

14.2 Replacement-first approach

Where permitted by applicable law and as described in our applicable policy documents, our standard commercial remedy for eligible non-conforming products may be replacement rather than refund or repair. For devices and pods purchased on the official Cool Breath website, we also offer a 90-day satisfaction or money-back commitment in accordance with our Returns and Replacement Policy and Limited Warranty. This does not limit any non-waivable rights you may have under mandatory consumer law.

14.3 Conditions

You may be required to provide:

  • proof of purchase;
  • photographs, videos or a written description of the issue;
  • batch, lot or serial information where available; and
  • any further information reasonably needed to assess the claim.

We reserve the right to inspect, test or request return of the affected product where reasonably necessary and lawful.

15. User Content, Reviews and Submissions

15.1 User content

If you submit, upload, post, tag, mention, send or otherwise make available any review, testimonial, comment, image, video, suggestion, idea, feedback or other material relating to the website, products or brand (User Content), you:

  • confirm that you own or control the necessary rights;
  • confirm that the User Content is accurate and not misleading to the best of your knowledge;
  • confirm that the User Content does not infringe any third-party right or violate any law; and
  • grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, host, copy, reproduce, adapt, publish, translate, distribute, display and otherwise exploit that User Content for business, promotional, customer service, legal and operational purposes.

15.2 Content standards

You must not submit User Content that:

  • is false, deceptive or defamatory;
  • contains unlawful, abusive, hateful, obscene or threatening material;
  • includes medical, scientific or performance claims that are unsupported or misleading;
  • infringes intellectual property, privacy or publicity rights; or
  • impersonates another person or entity.

15.3 Moderation

We may remove, refuse, edit or disable User Content at our discretion, although we are not obliged to monitor all User Content.

16. Intellectual Property

16.1 Ownership

The website and all content and materials on it, including text, branding, trade names, logos, product names, graphics, photographs, videos, software, layout, design, compilation and underlying intellectual property rights, are owned by us, our affiliates, licensors, suppliers or other rights holders and are protected by intellectual property laws.

16.2 Limited licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the website for personal, lawful and non-commercial shopping purposes only, subject to these Terms.

16.3 Restrictions

Except as expressly permitted by law or these Terms, you must not:

  • reproduce, modify, distribute, publicly display, republish or create derivative works from the website or its content;
  • use our trade marks, brand elements or product presentation without written permission;
  • remove copyright, trade mark or proprietary notices; or
  • use website content for resale, commercial exploitation or competing business purposes.

16.4 Third-party rights

Certain product technology, designs or components may be protected by third-party intellectual property rights. Nothing in these Terms grants you any licence beyond the limited right to use lawfully purchased products for their intended purpose.

17. Electronic Communications

By using the website, creating an account, placing an order or communicating with us electronically, you consent to receive communications from us electronically, including by email, website notice, account message, SMS or other contact method you provide, to the extent permitted by law.

Electronic communications may include:

  • order confirmations;
  • invoices and receipts;
  • shipping updates;
  • safety notices;
  • product or policy updates;
  • legal notices; and
  • dispute-related communications.

You are responsible for keeping your contact details up to date.

18. Promotional Offers

Any promotion, discount code, introductory offer, bundle or referral incentive is subject to:

  • the specific promotional terms stated at the time of offer;
  • availability;
  • compliance with these Terms; and
  • withdrawal, suspension or amendment at any time to the extent permitted by law.

We may cancel promotions where abuse, fraud, error or misuse has occurred.

19. Disclaimer of Warranties

19.1 Website disclaimer

To the fullest extent permitted by applicable law, the website and all content made available through it are provided on an “as is” and “as available” basis, without any representation, warranty or guarantee of any kind except as expressly set out in these Terms, the Limited Warranty, or otherwise required by law.

19.2 Excluded implied terms

To the fullest extent permitted by law, we disclaim all implied warranties, conditions, representations and terms, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, quiet enjoyment and uninterrupted access.

19.3 Important qualifications

Nothing in these Terms excludes, restricts or modifies:

  • any statutory guarantee, implied condition or consumer right that cannot lawfully be excluded or limited;
  • liability for fraud or fraudulent misrepresentation;
  • liability for gross negligence or willful misconduct where non-excludable;
  • liability for death or personal injury to the extent caused by our negligence where such liability cannot lawfully be excluded;
  • liability arising from defective products to the extent such liability cannot lawfully be excluded or limited; or
  • any other liability that cannot be excluded or limited under applicable law.

20. Limitation of Liability

20.1 Scope

To the fullest extent permitted by applicable law, and subject always to clause 19.3, we shall not be liable for:

  • indirect, incidental, consequential, special, exemplary or punitive losses or damages;
  • loss of profit, revenue, business, contracts, goodwill, opportunity or anticipated savings;
  • loss or corruption of data;
  • business interruption; or
  • the cost of substitute goods or services,

arising out of or in connection with the website, the products, any order, delay, defect, non-delivery, use or misuse of products, or these Terms.

20.2 Aggregate cap

Subject to clause 19.3 and to the fullest extent permitted by law, our aggregate liability arising out of or in connection with any claim relating to the website, any order or these Terms shall not exceed the greater of:

  • the amount actually paid by you to us for the specific order giving rise to the claim; and
  • USD 100.

20.3 Basis of bargain

You acknowledge that the disclaimers and limitations in these Terms form an essential basis of the bargain between you and us.

20.4 Jurisdictional qualifications

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the exclusions and limitations in these Terms apply only to the maximum extent permitted by law.

21. Consumer Rights Carve-Out

Nothing in these Terms affects any rights you may have under mandatory consumer protection laws in your country, state or province of residence or in the place where the products are supplied, including rights that cannot lawfully be waived, excluded or limited.

In particular:

  • consumers in the United Kingdom, European Union, Canada, Australia, New Zealand and certain US states may benefit from mandatory rights, guarantees, cancellation rights, remedies for non-conforming goods, unfair contract term protections or statutory disclosures; and
  • these Terms must be read subject to those rights where they apply.

Where a provision of these Terms conflicts with mandatory law, that provision shall be deemed modified or limited to the minimum extent necessary to comply with such law, without affecting the remainder of these Terms.

22. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Big Creative Group LLC, trading as Cool Breath, and its affiliates, managers, members, officers, employees, agents, contractors, fulfilment providers, licensors and service providers from and against any claims, demands, actions, proceedings, damages, judgments, losses, liabilities, costs and expenses, including reasonable legal fees, arising out of or in connection with:

  • your breach of these Terms;
  • your misuse of the website or products;
  • your unlawful conduct;
  • your violation of any third-party right;
  • your User Content;
  • your negligent handling, storage, charging, alteration or use of products; or
  • your resale, redistribution or supply of products in breach of these Terms or applicable law.

This clause does not require you to indemnify any person for losses to the extent finally determined to have resulted from that person’s fraud, gross negligence, willful misconduct, defective product liability that cannot be shifted by law, or other non-excludable liability.

23. Product Complaints and Safety Reporting

If you become aware of:

  • a safety incident;
  • overheating, fire, smoke, leakage or battery event;
  • an adverse reaction or injury;
  • a suspected counterfeit or tampered product; or
  • any regulatory enquiry relating to the products,

you must stop using the product immediately and contact us promptly at hello@trycoolbreath.com.

You should retain the product, packaging and relevant evidence where reasonably possible and safe to do so, as this may assist with investigation, replacement processing, insurer review, supplier escalation or regulatory compliance.

24. Third-Party Services and Links

The website may contain links to third-party websites, tools, payment gateways, social media features or external services. We do not control and are not responsible for third-party content, products, services, privacy practices or terms.

Your use of third-party services is at your own risk and subject to the relevant third party’s own terms and policies.

25. Force Majeure

We shall not be liable for delay, failure or interruption in performance caused by events beyond our reasonable control, including:

  • acts of God;
  • natural disasters;
  • epidemics or pandemics;
  • war, terrorism, civil unrest or sanctions;
  • labor disputes;
  • power, internet or telecommunications failures;
  • carrier or logistics disruption;
  • customs or border delays;
  • supply chain shortages;
  • governmental action; or
  • other force majeure events.

Where such an event occurs, we may suspend performance for the duration of the event and for a reasonable recovery period thereafter.

26. Governing Law

Except as otherwise required by mandatory law, these Terms and any dispute or claim arising out of or in connection with them, the website, any order or any products shall be governed by the laws of the State of Delaware, without regard to conflict of laws principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

27. Dispute Resolution, Arbitration, Class Action Waiver and Jury Trial Waiver

27.1 Please read this section carefully

This section affects your legal rights. It provides for binding individual arbitration of most disputes, a waiver of class and representative proceedings, and a waiver of jury trial, subject to the opt-out right below and subject always to mandatory law.

27.2 Informal dispute resolution first

Before starting arbitration or court proceedings, you and we agree to try in good faith to resolve any dispute informally.

A party seeking to raise a dispute must send written notice to the other party containing:

  • name and contact details;
  • order number or account identifier, where applicable;
  • a description of the issue; and
  • the remedy sought.

Notices to us must be sent to: hello@trycoolbreath.com and Big Creative Group LLC t/a Cool Breath, 8 The Green #12682, Dover, DE 19901, United States.

The parties shall use good-faith efforts to resolve the dispute within 30 days after receipt of the notice before commencing arbitration, unless urgent injunctive relief is sought.

27.3 Agreement to arbitrate

Subject to clauses 27.6, 27.7, 27.8 and 27.12, any dispute, claim or controversy arising out of or relating to these Terms, the website, any order, any product, marketing communications, payment, any subscription offering made available, return, replacement, warranty, privacy issue or relationship between you and us shall be resolved by final and binding individual arbitration rather than in court.

This arbitration agreement is intended to be broadly interpreted and includes contract, tort, statutory, consumer protection, misrepresentation and equitable claims, whether arising before, on or after acceptance of these Terms.

27.4 Arbitration rules and administrator

Unless otherwise required by applicable law or agreed by the parties in writing:

  • arbitration shall be administered by the American Arbitration Association (AAA) under its applicable consumer arbitration rules then in force;
  • the arbitration shall be conducted in English only;
  • for claims suitable for remote determination, the arbitration may be conducted by documents, telephone, video conference or other remote means; and
  • any in-person hearing shall take place in Kent County, Delaware, unless the applicable rules or mandatory law require another venue.

If the named arbitration administrator is unavailable or unwilling to administer the dispute, the parties shall confer in good faith on a substitute administrator. If they cannot agree, a court of competent jurisdiction may appoint one.

27.5 Arbitrator authority

The arbitrator shall have exclusive authority to decide all threshold and merits issues, including:

  • the interpretation, applicability and enforceability of this arbitration agreement; and
  • whether a dispute is arbitrable,

except that a court of competent jurisdiction shall decide issues expressly reserved to courts under applicable law, including public injunctive relief where required by law.

The arbitrator may award the same individual remedies as a court, subject to these Terms and applicable law.

27.6 Small-claims carve-out

Either you or we may elect to bring an individual claim in a qualifying small claims court rather than arbitration, provided the claim:

  • falls within that court’s monetary and subject-matter jurisdiction; and
  • remains an individual action.

If a claim brought in small claims court is transferred, removed, appealed or asserted on a non-individual basis, either party may require that it proceed by arbitration.

27.7 Class action and representative action waiver

To the fullest extent permitted by applicable law, you and we agree that all disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, consolidated action, mass action, representative action or private attorney general proceeding.

Unless both you and we agree otherwise in writing, the arbitrator may not:

  • consolidate more than one person’s claims;
  • preside over any form of class, collective, representative or mass proceeding; or
  • award relief to anyone other than the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If this class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall proceed in court to the extent required, and all remaining claims shall remain subject to arbitration to the fullest extent permitted by law.

27.8 Jury trial waiver

To the fullest extent permitted by applicable law, and for any dispute permitted to proceed in court rather than arbitration, you and we knowingly, voluntarily and irrevocably waive any right to a trial by jury.

27.9 Mass filing provisions

If 25 or more substantially similar claims are asserted against us by the same or coordinated counsel or entities, the parties agree that such claims may be administered in staged batches or under any mass arbitration process permitted by the administrator’s rules, to promote efficiency, reduce duplication and manage fees, provided that no claimant is deprived of an individual determination of their claim.

27.10 Arbitration costs

Payment of filing, administration and arbitrator fees shall be governed by the applicable arbitration rules and mandatory law. We will comply with any fee allocation requirements imposed by consumer protection law or the applicable arbitration rules.

Each party shall bear its own legal fees unless the arbitrator or a court awards fees under applicable law or these Terms.

27.11 Opt-out right

You may opt out of this arbitration agreement, the class action waiver and the jury trial waiver by sending us a written opt-out notice within 30 days of the earliest of:

  • your first purchase from us;
  • your first creation of an account with us; or
  • the first date on which you otherwise agree to these Terms.

Your opt-out notice must:

  • include your full name, postal address, email address and, if available, order number or account email;
  • clearly state: “I opt out of the arbitration agreement, class action waiver and jury trial waiver in the Cool Breath Website Terms and Conditions”; and
  • be sent to hello@trycoolbreath.com and Big Creative Group LLC t/a Cool Breath, 8 The Green #12682, Dover, DE 19901, United States.

An opt-out notice that complies with this clause will be effective only for the person submitting it and only if sent on time. Opting out will not affect the rest of these Terms.

27.12 Exceptions and mandatory law

Nothing in this clause prevents either party from:

  • seeking interim, injunctive or conservatory relief in a court of competent jurisdiction where reasonably necessary to protect intellectual property, confidential information, personal data, brand rights or other urgent interests;
  • bringing an individual claim in small claims court in accordance with clause 27.6; or
  • relying on any non-waivable right under applicable consumer protection law.

This clause shall not apply where prohibited by mandatory law and shall be interpreted to the minimum extent necessary to remain enforceable.

27.13 Survival

This clause 27 survives termination of these Terms, closure of your account, cancellation of any order, or the end of your relationship with us.

28. Notices

Where these Terms require written notice to us, notices should be sent to:

Big Creative Group LLC t/a Cool Breath
Email: hello@trycoolbreath.com
Postal address: 8 The Green #12682, Dover, DE 19901, United States

We may give notice to you by using the contact details associated with your account or order, or by posting a notice on the website where legally sufficient.

29. Assignment

You may not assign, transfer or delegate any of your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or novate our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, financing, corporate reorganization or sale of business assets, provided that doing so does not reduce any non-waivable rights you have under applicable law.

30. Severability

If any provision of these Terms is held to be invalid, unlawful, void or unenforceable, that provision shall be deemed severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

If any part of the arbitration, class action waiver or jury trial waiver provisions is found unenforceable, the remainder of clause 27 shall continue to apply to the fullest extent permitted by law, except where the Terms expressly provide otherwise.

31. Waiver

No failure or delay by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.

32. Entire Agreement

These Terms, together with any policies and documents expressly incorporated by reference, constitute the entire agreement between you and us regarding your use of the website and your purchase of products through it, and supersede any prior or contemporaneous understandings on that subject, except for any separate written agreement expressly entered into between you and us.

33. Language

These Terms are drafted in English. If we provide a translation for convenience, the English version shall prevail to the fullest extent permitted by law unless mandatory law requires otherwise.

34. Contact

For general customer support, please contact us at:

Email: hello@trycoolbreath.com
Postal address: 8 The Green #12682, Dover, DE 19901, United States
Website: https://trycoolbreath.com

Last Updated: 15 October 2026
Version: 1.0

Cool Breath – Legal Compliance and Checkout Disclosures

1. Legal-Age and Local-Law Statement

The current Cool Breath electronic oral spray device and original pods are intended only for persons who may lawfully purchase, receive and use them in their place of residence and in any place where the products are delivered.

By accessing the website, creating an account, placing an order or, where subscriptions are offered, subscribing to repeat deliveries, the customer is responsible for ensuring that they:

  • are legally permitted to purchase, receive and use the current Cool Breath electronic oral spray device or original pods in their jurisdiction;
  • meet any legal-age requirement that applies to them; and
  • comply with all applicable local laws when purchasing, receiving or using the products.

If a person cannot lawfully purchase, receive or use the products, they must not place an order or, where subscriptions are offered, subscribe for recurring deliveries.

2. No Age Gate or Age-Verification System

Cool Breath does not currently use an age gate, an unselected age checkbox, a separate age-verification system or a customer service procedure specifically for potential minor orders.

Cool Breath does not hold out any age controls as part of the current website, cart, checkout, confirmation process or paid-media landing pages.

3. Checkout Disclosures

The checkout should not be described as requiring a separate age confirmation unless Cool Breath later implements one.

No unselected checkout age checkbox, age-gate click-through or other age-verification mechanism is currently used.

4. Truthful and Accurate Information

Customers must provide truthful, accurate and complete information when accessing the website, creating an account, placing an order, subscribing to recurring deliveries where subscriptions are offered or communicating with Cool Breath.

This includes, where requested for ordinary order processing or fraud review:

  • full name;
  • billing and delivery details;
  • payment details; and
  • any information reasonably required for Shopify fraud-detector review or order confirmation.

Providing false, misleading or incomplete information may result in:

  • refusal of access to the website or certain features;
  • suspension or closure of an account;
  • cancellation of an order or, where subscriptions are offered, a subscription;
  • refusal of future orders; and
  • any other action reasonably necessary to protect Cool Breath, its customers or third parties.

5. Fraud Review, Refusal and Cancellation Rights

Cool Breath’s current fraud screening uses Shopify’s fraud detector. Where Shopify flags an order for fraud risk, Cool Breath may contact the customer for confirmation and may cancel the order if the customer does not respond after three contact attempts.

Cool Breath reserves the right, at any time and in its sole discretion, to:

  • refuse to accept or process any order;
  • place an order on hold pending review;
  • cancel an order before dispatch;
  • suspend or cancel a subscription, where subscriptions are offered;
  • refuse delivery where permitted by law; or
  • limit access to the website or promotional offers,

where Cool Breath reasonably believes that:

  • the customer has provided false or misleading information;
  • the order is flagged by Shopify’s fraud detector or otherwise presents fraud, misuse, compliance or safety concerns; or
  • the sale may otherwise breach applicable law or Cool Breath policy.

If an order is cancelled before dispatch, Cool Breath may issue any refund or other remedy it considers appropriate in accordance with its applicable terms and policies.

6. Marketing Statements

Cool Breath should ensure that advertising and sales practices for the current Cool Breath electronic oral spray device and original pods are lawful, accurate and not misleading.

Accordingly, Cool Breath marketing should:

  • avoid language that would encourage unlawful purchases;
  • not include age-restriction text on product pages, cart pages, checkout pages, order-confirmation pages or Meta landing pages unless Cool Breath later approves a specific legal or commercial reason to do so; and
  • use platform settings and targeting tools consistently with applicable law and the approved campaign plan.

These statements are not intended to describe an age gate, age-verification system or dedicated age-screening workflow.

7. Children’s Data

Cool Breath does not intentionally collect personal data directly from children in a manner not permitted by applicable law.

If Cool Breath becomes aware that personal information has been submitted by or collected from a child in a manner not permitted by applicable law, Cool Breath may take reasonable privacy-compliance steps to:

  • delete or anonymise the information where appropriate; and
  • take any further action reasonably necessary to comply with law and internal policy.

This statement should be aligned with the website privacy policy.