Terms of Use - AlchemistOne

1. INTRODUCTION

The following are the Terms of Use (the “Agreement”) which govern your access and use of our online platform through which meditation, workout tracking, personal journaling and group therapy sessions may be provided (collectively the “Platform”). This website is owned and operated by AlchemistOne Inc, located at 3022 Birch Crescent in Regina, SK, Canada. The Platform may be provided or be accessible via our iOS and Android applications and websites owned by us, including, without limitation, the website alchemistone.io and its related apps.

By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.

When the terms “we”, “us”, “our” or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the “Company”).

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A CLASS ACTION WAIVER AS DETAILED IN SECTION 7.

If you were a user of any our services prior to the date we posted this version of the Agreement, the prior version of this Agreement will continue to apply until 1:00 p.m. Eastern time on the 30th day after we posted this version.

Periodically, we may update this Agreement at our discretion. Updates will be posted with the “Last Update Posted” date at the page’s top. Unless you reject the updates by discontinuing Platform use and sending a termination notice to termination@alchemistone.io, you’ll be deemed to accept changes. They’ll take effect at 1:00 p.m Eastern time on the “Last Update Posted” date. Your termination notice must be sent from your account’s associated email. If not possible, promptly cooperate to identify your account. You must also authenticate yourself as the sender of the termination notice if requested. Review these Terms regularly. Upon termination, we’ll issue a pro-rated refund for unused subscription fees. Post-termination, you can only use the Platform as necessary for authentication purposes. Using the Platform after termination (before access is blocked) voids the termination notice, and updated Terms take effect at the Update Effective Time.

NOTHING IN THE PLATFORM IS A SUBSTITUTE FOR PROFESSIONAL MENTAL HEALTH OR MEDICAL TREATMENT. YOU SHOULD ALWAYS SEEK THE ATTENTION OF A LICENSED MEDICAL PROFESSIONAL FOR ANY CONCERNS.

Users who post content on our Platform may include members of the healthcare profession, referred to as “Professional Contributors.”

You acknowledge that the content they post, along with any other aspect of the Platform, is not a substitute for professional medical diagnosis or treatment, including preventive measures, from healthcare professionals outside the Platform. The Platform prohibits users from providing or seeking diagnosis or treatment for any condition. For instance, you should not rely on mentions of supplements, medications, or drugs on the Platform, as their use may be ineffective, harmful, or illegal in your area.

The Platform is not intended for individuals under 16 years old. Parents and guardians may use their accounts to access specific content for educational purposes with their children, but children under 16 cannot create AlchemistOne accounts, access services independently, or use the Platform even under supervision. If you’re between 16 and the legal age of majority in your jurisdiction, you may use the Platform only if your parent or guardian agrees to these Terms. However, you cannot use the Platform until you’re 18 if you fall within this age range.

You agree not to access the Platform if we’ve prohibited you from doing so.

2. MEMBERSHIP

Subscription: Your AlchemistOne subscription will continue and renew automatically unless terminated. To access the Platform, you need internet connectivity, a compatible device, and a valid payment method if required. Specific technology and resource needs for subscriptions and other services are detailed in Section 11. By using the Platform, you authorize us to charge your provided payment method for subscription fees, taxes, and transaction fees.

Free Trial: Your Membership may start with a trial period, subject to our discretion and eligibility criteria. We reserve the right to end any trial period at any time. Upon trial expiration, a subscription fee may apply. Access account information upon login to view subscription prices.

Account: To subscribe, create a user account with accurate information, including a valid email or Apple ID. Safeguard your account and associated information. You may receive a one-time PIN code via email for logins. Do not share, sell, or provide access to your account except for personal use within your household or with parental supervision for minors.

Cancellation: You can cancel your subscription anytime via your account settings. Access to the Platform continues until the subscription period ends post-cancellation. Request refunds for dissatisfaction or financial issues through the app store or email. Refunds may result in immediate Platform access loss.

Communication Preferences: By using the Platform, you agree to receive emails or texts, including promotional materials. Unsubscribe via email links or account settings. Opt-out of direct promotional communications by emailing support@alchemistone.io.

Agreement: You acknowledge that electronic communications fulfill legal writing requirements for Terms, agreements, notices, and disclosures.

3. CONTENT AND LICENSING

All materials on the Platform, including the designs, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of AlchemistOne or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, AlchemistOne grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Platform solely for your personal, non-commercial use. You will not obtain any ownership interest in the Materials or the Platform through these Terms or otherwise. The Posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, republish, download, perform, display, Post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of AlchemistOne or the respective copyright owner. AlchemistOne authorizes you to use only the Materials that we intentionally make available to you, and you may use them only for your own personal, non-commercial use. You must keep intact all copyright and other proprietary notices contained in the Materials. You may not modify or adapt the Materials in any way or otherwise use them (such as for any public or commercial purposes). The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Platform (including, without limitation, any marks associated with any products available on the Platform) are the sole and exclusive property of AlchemistOne and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of AlchemistOne and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of AlchemistOne and may not be copied, imitated or used in whole or in part, without our prior written authorization.

None of the Materials or AlchemistOne Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of AlchemistOne or its licensors.

You must not hack the Platform or perform any other activity that may damage, detrimentally interfere with, intercept or expropriate any system, personal information, or other data. You must not perform any activity to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent any aspect of the Platform (such as the navigational structure or presentation of any of the Platform), or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Platform. We may use technical means to detect and block any such activity, but our failure to do so is not a waiver of this prohibition. These Terms do not prohibit the normal use of personal accessibility technology (such as a screen reader for individuals with visual impairment) to access Platform.

You may link to any of our Platform from your website, blog, application, platform, or services, provided that (a) the link redirects the user to the respective Platform when the user clicks on the link; (b) you do not insert any intermediate page, splash page, or other content between the link and the Platform; (c) you do not use the content in a manner that suggests AlchemistOne, the Platform, or individuals featured in the Platform, promote or endorse your or any third party’s cause, idea(s), product(s), site(s), application(s), platform(s), or service(s); (d) you do not use the Platform or any portion thereof for commercial purposes; and (e) you do not use the Platform in any way that is unlawful or harmful to any individual or entity.

From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Platform or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. AlchemistOne has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

4. MEMBER CONTENT

Certain features of the Platform allow you and other users to create, edit, submit, or contribute (collectively referred to as “Post”) various content types like text, images, videos, links, votes, likes, messages with other users or third parties, and other files and information (“Member Content”). This includes both saved and unsaved drafts. Member Content is considered part of the “Materials” as defined in Section 3 of these Terms.

While some Member Content may initially be restricted to certain users (such as content in designated “private” areas), we reserve the right to make such content accessible to all users or the public later on. Therefore, it’s important to understand that all your Member Content might become public, although we are not obligated to make it so. (Messages between users via direct messaging are not planned for publication. However, our Terms do not necessarily prevent either party from posting message content to the Platform, provided it doesn’t violate specific parts of the Terms.)

You, or your licensors if applicable, retain ownership of any copyright or other intellectual property rights in your Member Content, subject to the non-exclusive license described below.

By Posting Member Content, you grant AlchemistOne an enduring, irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers) license. This license allows us to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display, distribute, translate, communicate, and utilize the Member Content in connection with operating the Platform or other aspects of our business. This includes using Member Content for promotional, advertising, or marketing purposes, across all media forms, distribution methods, and technologies now known or developed in the future. For instance, content from a Post might be included in Community advertisements or on our Support pages. This license extends to allowing other companies, organizations, partners, individuals, and users of the Platform to use Member Content as permitted by the then-current Terms.

While some Platform features allow deletion or modification of certain Member Content visible to you or others, AlchemistOne reserves the right to retain any version of Member Content despite such features. We may disclose any version of Member Content as outlined in our Privacy Policy.

AlchemistOne may remove or decline to publish any Member Content, wholly or partially, at our discretion. You grant us and our authorized agents permission to view, monitor, edit, delete, or moderate any Member Content, including unpublished content, at any time, although we are not obligated to do so. The accessibility of specific Member Content does not imply our agreement, support, belief in its safety or reliability, compliance with our Terms, or that we have reviewed it; it simply means we haven’t deleted it. Your use of Member Content and related activities (like event participation mentioned in it) is at your own risk.

You may Post Member Content only if: (1) you own the content or have obtained all necessary licenses and permissions to Post it and grant us the described rights and licenses, and (2) your Posting does not violate any third party rights or legal requirements. You agree to pay all royalties, fees, and any other amounts owed to any person due to any Member Content you Post.

5. RELEASE

You agree not to hold AlchemistOne or its owners, officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries responsible for the actions or inactions of users, content providers, or other third parties, including those at events advertised or organized through the Platform. The Affiliated Parties have the right to enforce these Terms against you as a third-party beneficiary.

You release AlchemistOne and its Affiliated Parties from all claims, demands, and damages arising from such actions or inactions. You acknowledge the inherent risks in events or interactions mentioned on the Platform, including illness, injury, disability, or death, and assume these risks by participating.

6. THIRD PARTY WEBSITES

The Platform may include links to third-party websites. By using these links, you acknowledge that your interactions will be solely with the third-party websites, and AlchemistOne is not responsible for their content, goods, or services. Your use of these links carries your own risk and liability. We do not assume responsibility for the accuracy, legality, or content of any information, products, or services provided by third parties.

7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Your use of the Platform is at your own risk. AlchemistOne provides the Platform, content, and materials, as well as the opportunity to connect with others, on an “as is” and “as available” basis. We and our Affiliated Parties disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant or accept liability for:

Member Content
Third-party websites, products, or services accessible through the Platform
Quality or conduct of users or third parties you encounter through the Platform
Unauthorized access, use, or alteration of Member Content
Additionally, we make no warranty that the Platform will:

Meet your requirements
Be uninterrupted, timely, secure, or error-free
Be accurate, reliable, or of sufficient quality
Be corrected of any errors
You download or obtain material through the Platform at your own risk and are responsible for any resulting damage to your systems or data loss. Any advice or information from us does not create additional warranties.

To the extent permitted by law, we and our Affiliated Parties are not liable for personal injury or any special, incidental, indirect, or consequential damages. Our maximum liability is limited to the amount you paid for the Platform in the twelve months prior to the claim. If you haven’t paid for the Platform during that period, your sole remedy is to stop using it.

Some jurisdictions may not allow certain warranty disclaimers or limitations of liability, so these provisions may not apply to you entirely. However, where applicable, these exclusions and limitations apply to the extent permitted by law.

8. SERVICE USAGE; TERMINATION OF USAGE

You agree to use the Platform exclusively for lawful purposes and refrain from sharing your login credentials or granting access to the Platform to anyone else. You bear sole responsibility for your Platform usage and all activities conducted using your login credentials, account, or Platform access.

Accessing the Platform from any jurisdiction where it is illegal is prohibited.

AlchemistOne retains the right to terminate these Terms at any time. You acknowledge that AlchemistOne may, at its discretion and without prior notice, terminate or suspend your access to the Platform for any reason or no reason at all. This includes instances where AlchemistOne, at its discretion, deems your actions to violate applicable laws, AlchemistOne’s Terms (including posted policies), or to be detrimental to the interests of another user, AlchemistOne, or its Affiliated Parties.

You have the right to terminate these Terms at any time by notifying us at optout@alchemistone.io and cooperating with us to confirm your account details and request, provided you cease all further Platform use, delete any downloaded materials and copies, and send the termination notice from your account-associated email address. If this is not feasible, you must promptly assist us in identifying your account. Regardless of the email used, you must promptly verify your identity and confirm that you are the sender of the termination notice upon our request. Following a termination notice, you are prohibited from using the Platform except as necessary to comply with any identity verification instructions sent via email. Should you breach this provision and use the Platform after termination notice (prior to access being blocked), your termination notice will be deemed void.

AlchemistOne reserves the right to modify or discontinue the Platform, in whole or in part, with or without notice, at any time. Except as expressly stated otherwise in these Terms, you agree that AlchemistOne and its Affiliated Parties shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

9. INDEMNIFICATION

You agree to protect, defend, and absolve AlchemistOne and its Affiliated Parties from any liability, legal claims, damages, and expenses, including reasonable legal fees, resulting from third-party allegations concerning (i) your usage of the Platform, (ii) your violation of these Terms, (iii) your infringement upon or violation of another party’s rights, or (iv) the cessation of your Platform access.

10. CLASS ACTION WAIVER

You must resolve any disputes with AlchemistOne individually and cannot file a claim as a plaintiff or class member in any form of group action, including class, collective, consolidated, or representative actions. This includes class actions, class arbitrations, collective actions, private attorney general actions, and consolidation with other arbitrations. By agreeing to these Terms, you agree to settle any claims against AlchemistOne individually through arbitration as specified in this Arbitration Agreement, not as part of any class, collective, coordinated, consolidated, mass, or representative action. Both you and AlchemistOne waive the right to a trial by jury. This Arbitration Agreement prevents you from initiating or participating in any class, collective, coordinated, consolidated, mass, or representative action against AlchemistOne, and from seeking relief in such actions brought against AlchemistOne by others, both now and in the future.

11. TECHNOLOGY AND RESOURCES

Using our App, Site, and other Online Services requires a mobile device and an Internet connection, which you must obtain at your own expense from your wireless carrier or Internet service provider. You are responsible for acquiring and paying for any additional services, including related usage charges, as well as obtaining a suitable device. You may also incur costs for electronic communications related to the Online Services, such as administrative messages, service announcements, diagnostic reports, and App updates, sent and received at your expense from AlchemistOne, your mobile carrier, or third-party providers. The Online Services may use your device’s resources and battery, potentially resulting in unexpected energy costs for which AlchemistOne bears no liability.

You must obtain any necessary subscription, connectivity, or energy services or equipment to access and use the Online Services, including paying all associated third-party fees. We do not guarantee compatibility with all network providers or devices. You acknowledge that updates to the Online Services may be released, and you may be required to install them for continued functionality. You may not export any Platform except in compliance with applicable laws.

If you obtain the App from Apple’s App Store, these Terms are between you and AlchemistOne, not Apple, with Apple having no responsibility for the App. Similarly, if you obtain the App from Google Play, these Terms are solely between you and AlchemistOne, not Google, with Google bearing no responsibility for the App.

12. MISCELLANEOUS

Severability. Should any provision of these Terms be deemed unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, the validity and enforceability of the remaining provisions shall remain unaffected.

Entire Agreement. These Terms, along with the Privacy Policy and any other policies or guidelines referenced herein, constitute the sole agreement between AlchemistOne and you regarding the Platform, superseding any prior or contemporaneous agreements, representations, warranties, or understandings, whether written or oral.

No Waiver. AlchemistOne and its Affiliated Parties’ failure to enforce any term of these Terms strictly does not constitute a waiver of that term, nor does it limit their right to enforce that term or any other term in the future.

Assignment. You cannot transfer or assign these Terms, including any rights, licenses, or obligations you have under them, and you agree not to attempt to do so. Any such attempted transfer or assignment is null and void. AlchemistOne may, at its sole discretion, assign these Terms and any associated rights, licenses, or obligations without restriction.

13. CONTACT INFORMATION

If you have any comments, questions, or concerns regarding these Terms or the Platform, please contact us at support@alchemistone.io, or by registered mail at the address below:

AlchemistOne Inc.
3022 Birch Crescent
Regina, SK S4W 0M2

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