End User License Agreement
COHERENCE WORKSTATION — End User License Agreement
Peak Mind LLC • San Francisco, California Effective Date: March 14, 2026 Version: 1.0
This End User License Agreement ("EULA") is a legal agreement between you, a licensed clinical or research professional ("You" or the "Licensee"), and Peak Mind LLC, a California limited liability company ("Peak Mind," "we," or "us"), governing your use of the Coherence Workstation desktop application, including all associated documentation, embedded components, and updates provided under an active subscription (collectively, the "Software").
By installing, copying, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Software.
1. Purpose and Nature of the Software
Coherence Workstation is an educational and interpretive support tool designed to help qualified clinicians and researchers understand electroencephalographic (EEG) data. The Software provides computational analysis, visualization, and AI-assisted interpretive commentary to support the clinician's own reasoning process.
The Software does not diagnose medical conditions, recommend treatments, or generate clinical decisions. All clinical interpretation, diagnosis, treatment planning, and patient care decisions remain the sole and exclusive responsibility of the licensed clinician. Peak Mind LLC does not provide clinical services through the Software.
You acknowledge that you are a qualified professional with appropriate licensure, training, and clinical judgment to interpret EEG data, and that you use the Software's output as one input among many in your independent clinical reasoning — not as a substitute for it.
2. Grant of License
2.1 Subscription License
Subject to your payment of applicable subscription fees and compliance with this EULA, Peak Mind grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control, solely for your professional clinical or research purposes.
2.2 Perpetual Fallback License
If your subscription lapses or is canceled (other than for breach of this EULA), you retain a perpetual, non-exclusive license to the version of the Software installed at the time of cancellation (the "Frozen Version"). The Frozen Version license does not include:
(a) Software updates, patches, or new feature releases; (b) Technical support of any kind; (c) Access to AI-assisted features, including the AI Research Assistant; (d) Bug fixes, security updates, or compatibility patches; or (e) Any future capabilities, data, or services released after the cancellation date.
Peak Mind LLC does not guarantee compatibility of the Frozen Version with future operating system releases, hardware changes, or third-party dependencies. Compatibility updates, if any, are provided at Peak Mind's sole discretion and do not constitute an obligation to maintain unsupported versions.
To restore full functionality, including support and updates, you may re-subscribe at the then-current subscription rate. No back-payment for the lapsed period is required.
2.3 License Restrictions
You may not:
(a) Copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Software, except as expressly permitted by applicable law; (b) Sublicense, rent, lease, lend, or distribute the Software to any third party; (c) Remove, alter, or obscure any proprietary notices, labels, or marks on the Software; (d) Use the Software to build a competing product or service; or (e) Use the Software for any purpose other than your own professional clinical or research activities.
3. Data Ownership and Privacy
3.1 Your Data Stays on Your Device
Coherence Workstation is a desktop application. All EEG recordings, analysis results, clinical reports, and patient-related data ("Your Data") reside exclusively on your local device. Peak Mind LLC does not access, collect, store, transmit, or process Your Data. You retain full ownership of and responsibility for Your Data at all times.
3.2 AI-Assisted Features and Data Transmission
Certain features of the Software, including the AI Research Assistant, transmit analytical summaries to third-party AI services (such as Anthropic's Claude API) using your own API credentials. Before any data is transmitted:
(a) De-identification. The Software automatically redacts protected health information (PHI) and personally identifiable information from the data summary, replacing it with anonymized identifiers.
(b) Clinician Review. The de-identified summary is presented to you for review before transmission. Data is transmitted only upon your affirmative action. You are responsible for verifying that the de-identified summary meets your compliance obligations under HIPAA, state privacy laws, and any other applicable regulations.
(c) No Peak Mind Involvement. Peak Mind LLC does not receive, intercept, store, or process the transmitted data or the AI-generated response. The data processing relationship for AI features exists between you and the third-party AI service provider, subject to that provider's terms of service and data policies.
You are solely responsible for (i) maintaining the security of your API credentials, (ii) reviewing and accepting the terms of service of any third-party AI provider, and (iii) ensuring that your use of AI-assisted features complies with all applicable laws, regulations, and professional ethical obligations.
4. AI-Generated Content
The AI Research Assistant generates interpretive commentary designed to support your understanding of EEG data. This commentary is produced by a third-party large language model and is educational and exploratory in nature. It is not a clinical opinion, diagnosis, or treatment recommendation.
AI-generated content may contain errors, omissions, or interpretations that do not apply to a specific clinical case. You agree to exercise independent professional judgment in evaluating all AI-generated output and to never rely on such output as the sole basis for any clinical decision.
You own the AI-generated output produced during your use of the Software. Peak Mind LLC claims no intellectual property rights over AI-generated content produced in connection with your clinical work. However, this ownership does not alter the educational and non-diagnostic nature of the content itself.
5. Intellectual Property
The Software, including its architecture, source code, algorithms, analytical pipeline, user interface, documentation, and all associated intellectual property, is and remains the exclusive property of Peak Mind LLC. This EULA grants you a license to use the Software; it does not transfer ownership of any intellectual property.
All feedback, suggestions, or improvement ideas you provide regarding the Software may be used by Peak Mind LLC without restriction or obligation to you.
6. Professional Responsibility
You represent and warrant that:
(a) You hold appropriate professional licensure, certification, or credentials to interpret EEG data in your jurisdiction; (b) You will use the Software only within the scope of your professional competence and applicable scope-of-practice regulations; (c) You will not represent the Software's output — including AI-generated commentary — as a clinical diagnosis or as a substitute for your own professional judgment; and (d) You accept sole responsibility for all clinical decisions made in connection with your use of the Software.
7. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT.
PEAK MIND LLC DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY ANALYSIS, VISUALIZATION, OR AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR CLINICAL PURPOSE.
NO INFORMATION OR ADVICE PROVIDED BY THE SOFTWARE, WHETHER GENERATED BY ITS ANALYTICAL PIPELINE OR BY AI-ASSISTED FEATURES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAK MIND LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE.
PEAK MIND LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS EULA SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PEAK MIND LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS AN EDUCATIONAL AND INTERPRETIVE SUPPORT TOOL AND THAT ANY CLINICAL DECISIONS MADE USING THE SOFTWARE ARE YOUR SOLE RESPONSIBILITY. PEAK MIND LLC SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM CLINICAL DECISIONS INFORMED BY THE SOFTWARE'S OUTPUT.
9. Indemnification
You agree to indemnify, defend, and hold harmless Peak Mind LLC from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from (a) your use of the Software, (b) your violation of this EULA, (c) your violation of any applicable law or regulation, or (d) any clinical decision or patient outcome related to your use of the Software.
10. Termination
This EULA is effective until terminated. Peak Mind LLC may terminate this EULA immediately if you breach any of its terms. Upon termination for breach, you must cease all use of the Software and destroy all copies in your possession. The Perpetual Fallback License (Section 2.2) does not apply in the event of termination for breach.
Sections 3 (Data Ownership), 4 (AI-Generated Content), 5 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 12 (General Provisions) shall survive any termination of this EULA.
11. Updates and Modifications
Peak Mind LLC may update this EULA from time to time. Updated terms will be provided through the Software or via email. Your continued use of the Software after notification of updated terms constitutes acceptance of those terms. If you do not agree to updated terms, your remedy is to cease using the Software; your Perpetual Fallback License, if applicable, remains governed by the EULA version in effect at the time of your cancellation.
12. General Provisions
12.1 Governing Law. This EULA shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising under this EULA shall be resolved in the state or federal courts located in San Francisco County, California.
12.2 Entire Agreement. This EULA, together with any applicable Terms of Service and Data Processing Addendum, constitutes the entire agreement between you and Peak Mind LLC regarding the Software and supersedes all prior agreements, understandings, and communications.
12.3 Severability. If any provision of this EULA is held to be unenforceable, the remaining provisions shall remain in full force and effect.
12.4 No Waiver. The failure of Peak Mind LLC to enforce any right or provision of this EULA shall not constitute a waiver of that right or provision.
12.5 Assignment. You may not assign or transfer this EULA without Peak Mind LLC's prior written consent. Peak Mind LLC may assign this EULA in connection with a merger, acquisition, or sale of assets.
Acknowledgment
By clicking "I Agree," installing, or using Coherence Workstation, you acknowledge that you have read this End User License Agreement, understand its terms, and agree to be bound by them. You further acknowledge that the Software is an educational and interpretive support tool, that it does not diagnose or recommend treatments, and that all clinical decisions remain your sole responsibility.