3DeepCoaching LLC · Draper, Utah
These Terms and Conditions (“Terms”) are a legal agreement between you (“you,” “your,” or “Client”) and 3DEEPCOACHING LLC, a Utah coaching practice with its principal place of business in Draper, Utah (“3Deep Coaching,” “Company,” “we,” “us,” or “our”). They govern your access to and use of Pulse, our coaching companion mobile and web application, including its AI reflection companion, “Lily,” its daily check-in tools, habit and content libraries, chat features, and the shared learning library (collectively, the “Service”).
By creating an account, accessing an invitation, or using the Service in any way, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not access or use the Service.
Pulse is offered on an invitation-only basis to active clients of Jill DePompei-Morales’ 3Deep Coaching practice. There is no public sign-up. If you received access to Pulse, it is because you are, or are becoming, a coaching client of 3Deep Coaching.
The Service is intended for adults only. You must be at least 18 years old and capable of forming a binding contract under Utah law to use Pulse. By using the Service, you represent that you meet these requirements. We do not knowingly permit anyone under 18 to use the Service, and we may terminate access immediately if we learn that a user does not meet this requirement.
Access to Pulse is invitation-only and tied to your status as a 3Deep Coaching client. Your account is personal to you; you may not share your login credentials or your access token with anyone else, and you are responsible for all activity that occurs under your account. Notify us promptly at jill@3deepcoaching.com if you suspect unauthorized use of your account.
Pulse is a self-guided coaching and reflection tool built around 3Deep Coaching’s methodology. It includes a daily Head/Heart/Body check-in, a “Gate” reading, optional Flow practices, a LEAP (Locate, Expose, Align, Perform) step you define for yourself, habit tracking, and a chat feature powered by an AI reflection companion named Lily. It is intended to support the coaching relationship you have with Jill, not to replace it, and not to replace professional care of any kind.
PULSE, INCLUDING LILY, IS NOT THERAPY, COUNSELING, OR ANY FORM OF MENTAL HEALTH TREATMENT. IT IS NOT MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY KIND. IT IS NOT A CRISIS SERVICE, AND IT IS NOT MONITORED IN REAL TIME BY ANY PERSON. Nothing in the Service should be understood as the practice of medicine, psychology, psychiatry, or any other licensed health profession. Jill is your coach; unless she has told you otherwise in writing and outside of Pulse, she is not acting as your licensed therapist, counselor, psychologist, physician, or other clinician when she coaches you or when you use this Service, regardless of any other credentials she may hold. Using the Service does not create a doctor-patient, therapist-client, or other clinical relationship between you and 3Deep Coaching, Jill, or anyone else.
Lily reflects, asks questions, and mirrors what you share. Lily does not diagnose, assess risk, prescribe, recommend medical or mental health treatment, or take any action on your behalf. Lily does not monitor your check-ins or conversations for signs of crisis, self-harm, or harm to others, does not score or flag anything automatically, and does not contact you, Jill, or any third party on her own initiative. If something is shared with Jill, it is because you chose to share it — not because the Service decided to.
Lily is an artificial intelligence system. Lily is not a human being, and no human reviews or responds to your messages to Lily in real time.
Lily’s responses are generated using a third-party large language model, Anthropic’s Claude, licensed by 3Deep Coaching to power Lily. When you message Lily, your message and relevant conversation context are sent to Anthropic to generate a reply. As of the date this document was prepared, Anthropic’s business terms state that it does not train its models on this content and retains it only as needed to provide the service and for limited trust-and-safety purposes; Anthropic receives your anonymous client token and conversation context, never your name. We may change the underlying AI provider from time to time; if we do, we will update this section and our Privacy Policy.
You acknowledge that AI-generated content, including anything Lily says, may at times be incomplete, generic, or simply wrong, and that you should not rely on anything Lily says as professional advice of any kind.
IF YOU ARE IN A MEDICAL OR PSYCHIATRIC EMERGENCY, OR IN IMMEDIATE DANGER, DO NOT USE PULSE. Call 911 or go to your nearest emergency room. If you are experiencing thoughts of suicide or self-harm, call or text 988 (the 988 Suicide & Crisis Lifeline) or chat at 988lifeline.org, available 24/7 in the United States. Pulse, including Lily, does not detect, assess, or respond to emergencies, and no one is monitoring the Service in real time to intervene on your behalf.
When a conversation with Lily touches on something heavy, Lily is designed to respond with a version of the following, and to point you toward outside help rather than attempt to manage the situation herself:
I want to pause gently here. What you are carrying sounds heavy, and it deserves more than a reflection tool like me can offer. I am here to help you notice and name, not to advise or to step in. If you are in danger or in crisis, please reach out to someone who can be right there with you — your coach, a trusted person, or a crisis line like 988 in the US.
This is illustrative of Lily’s general approach and is not an exhaustive list of everything Lily might say. You agree that you will not use Pulse as a substitute for emergency services, crisis intervention, or professional mental health care, and that 3Deep Coaching and Jill are not liable for any outcome arising from your reliance on the Service in a crisis or emergency.
Any coaching relationship you have with Jill exists separately from, and is not created or modified by, your use of the Service. Pulse is a tool Jill uses to support her coaching clients; it does not substitute for Jill’s individualized professional judgment, and Jill retains discretion over how she coaches you.
3Deep Coaching does not guarantee any particular result, outcome, or level of performance, personal, athletic, professional, emotional, or otherwise from using Pulse or from participating in coaching. The check-in readings, the Gate, Flow practices, and the LEAP step you name for yourself are reflection and planning tools. You are solely responsible for any real-world action you decide to take, including any LEAP step, and for the consequences of that action. 3Deep Coaching and Jill are not responsible for decisions you make or actions you take, on or off the Gate, based on your use of the Service.
Each client is assigned an opaque, anonymous identifier (a “token”) at onboarding. Your check-in data, chat content, and shared-library submissions are keyed to that token rather than to your name. Jill separately maintains a private lookup connecting tokens to client names, which she alone can read, for the purpose of administering the coaching relationship.
You are responsible for keeping your login credentials and access confidential and for all activity under your account. You agree to notify us promptly of any unauthorized access to, or use of, your account.
Our full Privacy Policy, available at www.3deepcoaching.com and is incorporated into these Terms by reference and governs our collection, use, and disclosure of your information. The summary below highlights key points, but the Privacy Policy controls in the event of any conflict.
We collect: your name (held only in Jill’s private lookup); your anonymous token; your daily check-in data (Head/Heart/Body readings, Gate results, active parts of self, protective patterns, Flow selections, and LEAP entries); your Inner Compass type and coaching track; habit selections and streaks; your chat history with Lily; anything you affirmatively choose to share with Jill; and, if you book sessions through the Service, your name, email, and appointment details. We do not collect your device location, your contacts, or data from outside the app.
Jill can see your pulse data, Gate results, streaks and patterns, your Inner Compass, and anything you deliberately choose to share with her. Jill cannot see your raw chat conversations with Lily, in-progress drafts, or anything Lily said to you about a difficult moment, unless you affirmatively share it. There is no automatic flagging, scoring, or escalation of anything you say to Lily. Nothing is sent to Jill unless you send it.
We use Anthropic to power Lily’s responses, as described in Section 3. We may also use third-party vendors for hosting, infrastructure, analytics, or payment processing. We do not sell your personal data, do not share it with advertisers, do not use it for marketing to third parties, and do not use your data to train AI models.
We retain your data for as long as your account is active, and for ninety (90) days after your account is closed, unless you request earlier deletion or a longer period is required by law. You may export your data, wipe your local app data, or request full deletion of your account, including the token-to-name lookup, at any time by contacting jill@3deepcoaching.com.
You have the right to confirm whether we are processing your personal data, to access that data, to obtain a portable copy of it, and to delete it, and the right to opt out of the sale of your personal data or its use in targeted advertising (we do not sell data or use it for targeted advertising). To exercise any of these rights, contact us at jill@3deepcoaching.com; we will respond within the time required by law.
3Deep Coaching is not a health care provider, and Pulse is not, as of the date of these Terms, offered as part of a HIPAA-covered health plan or health care clearinghouse function. Accordingly, information you provide through Pulse is not protected by HIPAA in the way information provided to a covered medical or mental health provider would be.
You may choose to submit a scenario from your own experience to help other clients, through the Service’s shared learning library feature. Submission is opt-in and scenario-by-scenario: you will be asked to affirmatively confirm before anything you write leaves your private session. Submitting one scenario is not consent to share anything else, and you may decline to participate at any time without affecting your access to the rest of the Service.
Submissions are reviewed by Jill before publication. If approved, your submission is anonymized before it is added to the shared library your token, name, email address, and other identifying details are removed. By submitting a scenario that is later approved, you grant 3Deep Coaching a worldwide, royalty-free, perpetual, irrevocable license to use, edit for clarity or length, publish, and display the anonymized version of your submission within the Service and in 3Deep Coaching’s coaching materials. You may request that a previously approved submission be removed from future use by contacting jill@3deepcoaching.com, although we cannot guarantee removal of copies already distributed or displayed to other clients before your request.
If, in a conversation with Lily or elsewhere in the Service, you describe abuse, harassment, or a similar experience, Lily will respond in the same reflective, non-advisory way described in Section 4: she will acknowledge what you have shared, will not investigate or advise on it, and will point you toward general, publicly available outside resources. The Service does not file reports with any authority, does not automatically notify Jill, and does not contact any third party based on what you share with Lily. Jill becomes aware of anything you disclose to Lily only if you choose to bring it to her directly.
This section describes how the technology works. It is not a representation about, and does not limit or expand, any legal reporting obligation that may independently apply to Jill or 3Deep Coaching under Utah or federal law.
The Service, including its software, the Lily chat engine and its content banks, the Head/Heart/Body/Gate/LEAP framework and methodology, all text, graphics, logos, and the “3Deep,” “Pulse,” and “Lily” names and marks, are owned by 3Deep Coaching or its licensors and are protected by copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own coaching and personal development, for as long as you remain an active client with access to the Service.
You may not copy, reverse engineer, scrape, redistribute, sublicense, or resell any part of the Service or its content, and you may not use the Service’s content, prompts, or methodology to build, train, or improve a competing product. All rights not expressly granted are reserved.
If you book live coaching sessions with Jill through the Service, availability, scheduling, and payment are handled on a separate booking page. Session times are displayed in your local time zone and stored internally in Jill’s time zone (Mountain Time). Bookings, cancellations, and reschedules require at least twenty-four (24) hours’ advance notice. Fees for coaching services are as separately quoted to you and are non-refundable except as required by law or as Jill otherwise agrees in writing.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 3DEEP COACHING DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT GENERATED BY LILY OR ANY OTHER PART OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR SITUATION. YOU USE THE SERVICE, INCLUDING ANY AI-GENERATED CONTENT, AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY UTAH LAW, IN NO EVENT WILL 3DEEP COACHING, JILL, OR THEIR RESPECTIVE OWNERS, EMPLOYEES, CONTRACTORS, OR LICENSORS (INCLUDING ANY THIRD-PARTY AI PROVIDER) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM: (A) ANY ACTION OR INABILITY TO ACT THAT YOU TAKE BASED ON THE SERVICE, INCLUDING ANY LEAP STEP; (B) ANY CONTENT GENERATED BY LILY OR ANY OTHER AI FEATURE OF THE SERVICE; (C) ANY ACT OR OMISSION OF A THIRD-PARTY AI PROVIDER; OR (D) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS OR DATA. TO THE EXTENT ANY LIABILITY IS NOT VALIDLY DISCLAIMED, 3DEEP COACHING’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO 3DEEP COACHING IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
You understand and voluntarily accept that Pulse is an AI-assisted self-reflection and coaching tool, that it is not designed or intended to address emergencies, crises, or clinical conditions, and that using it involves inherent risks, including the possibility that AI-generated content may be inaccurate, incomplete, or not suited to your circumstances. You assume full responsibility for your decisions about how to use, and whether to rely on, the Service.
You agree to indemnify, defend, and hold harmless 3Deep Coaching, Jill, and their respective owners, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Service; (c) your violation of any law or the rights of any third party; or (d) any content you submit to the shared learning library or otherwise through the Service.
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles.
Before filing any formal claim, you agree to first contact us at jill@3deepcoaching.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.
If a dispute is not resolved informally, you and 3Deep Coaching agree that it will be resolved by binding, individual arbitration administered by AAA under its applicable consumer arbitration rules, seated in Salt Lake County, Utah, rather than in court, except that either party may bring an individual claim in small claims court, and 3Deep Coaching may seek injunctive relief in court to protect its intellectual property or confidential information. YOU AND 3DEEP COACHING EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Claims must be brought in an individual capacity only.
We may suspend or terminate your access to the Service at any time, with or without notice, including for breach of these Terms, non-payment, at Jill’s discretion in connection with the end of your coaching relationship, or if we discontinue the Service generally. You may stop using the Service and request deletion of your data at any time by contacting jill@3deepcoaching.com.
We may modify or discontinue features of the Service, and we may update these Terms from time to time. If we make a material change, we will provide notice through the Service (for example, an in-app notice) or by email, and will update the “Last Updated” date above. Your continued use of the Service after a change takes effect constitutes your acceptance of the updated Terms.
You consent to receive communications from us electronically, including notices, disclosures, and agreements, and you agree that any such electronic communication satisfies any legal requirement that it be in writing, consistent with the Utah Uniform Electronic Transactions Act and the federal E-SIGN Act.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and 3Deep Coaching regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control. These Terms do not create any third-party beneficiary rights.
Questions about these Terms or the Service can be directed to: jill@3deepcoaching.com.