Terms of Service

Last updated: 10.26.26

These Terms of Service govern your use of proche.com and any purchase you make from it, including joining our waitlist or signing up for updates. The site is operated by Proche Brands, Inc. d/b/a Proche ("Proche," "we," "us"). By using the site, joining our waitlist, or placing an order, you agree to these terms.

1. Access and eligibility

By agreeing to these terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our store, joining our waitlist, or purchasing any product, you may be asked to provide information such as your email address, phone number, and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

2. Accounts

You are responsible for keeping your account credentials confidential and for all activity under your account. Tell us promptly at ops@proche.com if you believe your account has been used without your permission.

3. Waitlist, pre-orders, and early access

Joining our waitlist or signing up for launch updates is free and does not create an order, reserve product, or guarantee availability, pricing, or a launch date. Any launch dates, prices, or product details we share before launch are estimates and may change. If we offer early access, a waitlist discount, or a pre-order, it is subject to the terms stated with that offer and to these terms.

If we accept pre-orders, we will tell you the estimated ship date at checkout. If we can't ship by that date, we will tell you and give you the option to cancel for a full refund.

4. Products, pricing, and availability

We try to describe our products and display prices accurately, but errors happen. Occasionally there may be information on the Services containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such error, to change or update information, and to cancel orders if any information is inaccurate, at any time without prior notice, including after you have submitted your order. If we cancel, we will refund you in full.

Product images are illustrative. Actual color, flavor presentation, and packaging may differ, including because of your device settings and configuration.

All products are subject to availability. We may limit order quantities or refuse an order at our discretion, and we may discontinue any product at any time.

5. Orders and payment

Your order is an offer to buy. Our order confirmation email acknowledges receipt; it does not accept your offer. The contract is formed when we ship your order. We may accept or decline any order at our discretion, including limiting quantities per person, household, or order, and refusing orders that appear to be placed by dealers or resellers.

You authorize us to charge your chosen payment method for the order total, including taxes and shipping. Applicable sales tax is calculated at checkout based on your shipping address. Payments are handled by third-party processors, and your payment is subject to their terms. We are not responsible for processor errors.

You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method for the purchase; (iii) charges you incur will be honored by your card issuer or payment provider; and (iv) you will pay charges you incur at the posted prices, including shipping and handling and all applicable taxes.

You agree to keep your payment and account information current so we can complete your transactions and contact you as needed.

Personal use only. Products are sold for personal or household use and may not be resold, redistributed, or used commercially without our written consent. We may cancel or limit orders that appear to be placed for resale or export.

6. Current pre-launch phase

We are not currently selling products or accepting paid pre-orders through the site. Joining our waitlist does not involve a purchase or payment. Shipping, returns, and refund policies will be provided before we begin accepting orders or paid pre-orders.

7. Product use, health disclaimers, and personal responsibility

Our products are oral care products intended to freshen breath. Read and follow the label directions, warnings, and cautions. Check the ingredient list before use if you have allergies or sensitivities. Stop use and consult a dentist or healthcare professional if irritation, sensitivity, or an allergic reaction occurs. Keep out of reach of children.

INFORMATION ON THIS SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL OR DENTAL ADVICE. PERSISTENT BAD BREATH CAN BE A SIGN OF AN UNDERLYING DENTAL OR MEDICAL CONDITION. CONSULT A DENTIST OR QUALIFIED HEALTHCARE PROFESSIONAL IF YOU HAVE ONGOING SYMPTOMS, OR BEFORE USING ANY PRODUCT IF YOU HAVE A DENTAL OR MEDICAL CONDITION, HAVE ALLERGIES, ARE PREGNANT OR NURSING, OR ARE TAKING MEDICATIONS.

UNLESS A PRODUCT IS EXPRESSLY IDENTIFIED AS AN OVER-THE-COUNTER DRUG, OUR PRODUCTS ARE COSMETICS AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. OUR PRODUCTS ARE NOT A SUBSTITUTE FOR BRUSHING, FLOSSING, OR REGULAR DENTAL CARE.

INDIVIDUAL RESULTS VARY. REVIEWS, TESTIMONIALS, AND OTHER CUSTOMER CONTENT REFLECT INDIVIDUAL EXPERIENCES AND DO NOT GUARANTEE SIMILAR RESULTS.

8. Intellectual property

The site and its contents, including the Proche name and logos, product names, text, images, video, and design, are owned by Proche Brands, Inc. or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from them without our written permission.

9. Your content and feedback

If you submit a review, photo, video, comment, or other content to us or tag us on social media, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, reproduce, modify, publish, and display that content in connection with our business, including in marketing, without further approval or compensation. You represent that you own the content or have the right to grant this license, and that it does not infringe anyone's rights.

If you share ideas, suggestions, or feedback with us, including through a survey or product test, you agree we may use them to develop and improve our products and marketing without any obligation to you. We will not publish your survey responses in a way that identifies you without your permission.

10. Copyright complaints

If you believe content on our site infringes your copyright, send a notice to our designated agent with all of the following: your physical or electronic signature; identification of the work you say is infringed; identification of the material you say is infringing and where it is on the site; your address, telephone number, and email; a statement that you believe in good faith the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner.

Designated agent: Legal Department, Proche Brands, Inc., 169 Madison Ave STE 54951, New York, NY 10016, ops@proche.com

We will remove or disable access to material we reasonably believe is infringing, and we will terminate the accounts of repeat infringers. If you believe your content was removed in error, you may send a counter-notice to the same agent.

11. Prohibited conduct

You agree not to use the site to break the law; to buy products for resale without our written permission; to interfere with or disrupt the site; to access it by automated means such as scraping or bots; to attempt to gain unauthorized access to any part of it; to impersonate anyone; to submit false or duplicate waitlist signups; or to post content that is unlawful, harassing, defamatory, or infringing.

12. Third-party links and optional tools

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We do not control them and are not responsible for their content, products, or privacy practices. If you leave the Services to access them, you do so at your own risk. Complaints about third-party products or services should be directed to that third party.

You may also be given access to tools offered by third parties that we neither monitor nor control. We provide access to such tools "as is" and "as available," without warranties, representations, or conditions of any kind and without endorsement, and we have no liability arising from your use of them. You should make sure you are familiar with and approve of the terms on which those tools are provided.

We may offer new features and tools through the Services in future. They will also form part of the Services and be subject to these terms.

13. Disclaimer of warranties

Except as expressly stated by us in writing or required by law, the site and the products are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, Proche Brands, Inc. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to your use of the site or the products. Our total liability for any claim arising out of or relating to these terms, the site, or any product will not exceed the greater of the amount you paid us for the product giving rise to the claim or one hundred U.S. dollars ($100). Nothing in this section limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by our negligence, or for fraud. Some jurisdictions do not allow these limitations, so parts of this section may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless Proche Brands, Inc., Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable legal fees, payable to any third party arising out of your breach of these terms or the documents they incorporate by reference, your violation of any law or third-party right, or your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to notify promptly will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such a claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.

16. Reviews, testimonials, and endorsements

Reviews on our site are from real customers. We do not write, buy, or solicit fake reviews, and we do not suppress or delete a review because it is negative. We may remove a review that is off-topic, abusive, unlawful, or that contains personal information.

We may remove reviews that we reasonably believe are not genuine, including reviews from people who did not buy or use the product.

Where a person has a material connection to us, such as an employee, an owner, a paid partner, or someone who received free product (including through early access or product testing), that connection is disclosed alongside their review or endorsement.

Results vary from person to person. Reviews reflect one individual's experience and are not a promise of the results you will get.

17. Electronic communications

By using the site, joining our waitlist, or placing an order, you consent to receive communications from us electronically, including order confirmations, shipping notices, receipts, and legal notices. You agree that electronic communications satisfy any legal requirement that a communication be in writing. You may withdraw this consent by contacting us at ops@proche.com, but we may not be able to process orders for you if you do.

18. Text messaging program

If you opt in to the Proche text messaging program, you agree to receive recurring automated marketing and informational text messages from Proche at the mobile number you provide, such as launch updates, offers, and order notifications. Consent is not a condition of any purchase. Message frequency varies. Message and data rates may apply.

Reply STOP to any message to opt out; you will receive one message confirming your opt-out. Reply HELP for help, or contact us at ops@proche.com. Carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or authorized user of the mobile number you provide, and you agree to tell us if you change or deactivate that number.

Our Privacy Policy explains how we handle your mobile number and messaging data. We never share or sell mobile opt-in data for third-party marketing.

19. Promotions, discount codes, and gift cards

Discount codes and promotional offers, including waitlist and early-access offers, are subject to any terms stated with the offer, cannot be combined unless we say so, have no cash value, and may be modified or ended at any time. We may cancel an order placed using a code that was obtained improperly, used outside its stated terms, or distributed without our permission.

Where there is a conflict between the terms of a promotion and these terms, the promotion terms govern for that promotion.

Gift cards have no cash value except where state law requires otherwise, do not expire, cannot be redeemed for cash, and cannot be replaced if lost or stolen after purchase.

Sweepstakes, giveaways, and contests are governed by their own official rules, which are posted with the promotion and control over these terms where they conflict.

20. Force majeure

We are not liable for any delay or failure to perform caused by events outside our reasonable control, including natural disasters, severe weather, labor disputes, carrier failures, supply chain or manufacturing disruption, utility or network outages, pandemic, war, terrorism, or government action.

21. Automated agents

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device without direct supervision.

No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict accordance with the requirements below. No Agent may access, use, or interact with the Services if we have asked it to refrain from doing so. We may limit, including by technical measures, whether and how any Agent accesses the Services.

Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose its name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that access or interaction is coming from an Agent, including by mimicking human behavior and interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

22. Relationship with Shopify

Proche is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Proche. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Proche, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Proche.

23. Dispute resolution

Any dispute arising out of or relating to these terms will be resolved in the state or federal courts located in New York, New York, and you and Proche consent to the jurisdiction of those courts.

24. Governing law

These terms are governed by the laws of New York, without regard to its conflict-of-laws rules.

25. Changes to these terms

We may update these terms. The version in effect when you place an order governs that order. Continued use of the site after we post changes means you accept the updated terms.

26. Notices

We give you notice by email to the address on your order, account, or waitlist signup, or by posting on the site. You give us notice by email to ops@proche.com or by mail to the address below. Notice is effective when sent.

27. Time limit for claims

Any claim arising out of or relating to these terms, the site, or any product must be brought within one (1) year after the claim arises, unless a longer period is required by law. After that, the claim is permanently barred.

28. Termination and survival

We may suspend or terminate your access to the site at any time if we believe you have violated these terms. Provisions that by their nature should survive termination, including intellectual property, your content, disclaimers, limitation of liability, indemnification, and dispute resolution, will survive.

29. Notice for California users

Under California Civil Code Section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

30. Miscellaneous

If any provision of these terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These terms, together with the policies incorporated by reference and any additional terms that apply to a specific program or promotion, are the entire agreement between you and us regarding the site and your purchases. Any ambiguities in the interpretation of these terms shall not be construed against the drafting party. No joint venture, partnership, employment, or agency relationship exists between you and us. There are no third-party beneficiaries to these terms. You may not assign these terms; we may.

31. Contact

Proche Brands, Inc. d/b/a Proche

169 Madison Ave STE 54951, New York, NY 10016

ops@proche.com