Terms of Use
Last update posted: November 4, 2024

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 application 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 accountclosure@alchemistone.io, you’ll be deemed to accept changes. They’ll take effect at 1:00p.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.

The platform is not a substitute for professional mental health or medical treatment. For any concerns, please consult a licensed medical professional.

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.

The Platform cannot view, read, scan, or access your journal entries, insights, gratitude lists, or logged therapy sessions—collectively referred to as “Written Content.” We do not assume responsibility for the contents of your Written Content; instead, we simply provide a private space for you to record your personal reflections.

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 designs, graphics, text, sounds, pictures, videos, software, and other files, along with their arrangement (collectively, “Materials”), are owned by 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-transferable, non-sublicensable, and revocable license to use the Platform solely for personal, non-commercial purposes.

You do not gain any ownership rights to the Materials or Platform through these Terms or otherwise. Displaying or posting any Materials does not waive any associated rights, which remain with the copyright holders. Except as expressly permitted, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, or create derivative works from the Materials without prior written permission from AlchemistOne or the applicable copyright owner. You may use only those Materials that we intentionally provide, and solely for your personal, non-commercial use, keeping all copyright and proprietary notices intact. Modification or adaptation of the Materials, including for public or commercial use, is prohibited.

The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) displayed on the Platform are the exclusive property of AlchemistOne or its licensors and may not be copied, imitated, or used, in whole or in part, without prior written permission. Additionally, all page headers, custom graphics, button icons, and scripts are AlchemistOne Marks and may not be copied, imitated, or used without 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 may not hack the Platform or engage in any activity that could damage, disrupt, intercept, or misappropriate any system, personal information, or data. You must not take actions that would interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment. Additionally, you are prohibited from using “deep-linking,” “page-scraping,” “robots,” “spiders,” or similar automated tools—or any manual process—to access, copy, or monitor any part of the Platform, or to bypass or reproduce any feature (such as navigation or presentation). Attempts to acquire materials, documents, or information not intentionally made available through the Platform are likewise prohibited. We may implement technical measures to detect and block such activity; however, failure to do so does not constitute a waiver of this prohibition. These Terms do not restrict the use of personal accessibility tools, such as screen readers, to access the Platform.

You are welcome to link to the Platform from your website, blog, app, or service, provided that: (a) the link redirects users directly to the Platform; (b) you do not insert any intermediate content between the link and the Platform; (c) you do not use the link in a way that suggests AlchemistOne, the Platform, or featured individuals endorse or promote your or any third-party cause, product, or service; (d) you do not use the Platform or its content for commercial purposes; and (e) you do not use the Platform unlawfully or in any way harmful to others.

By providing comments, suggestions, or ideas for improvements or new features (“Feedback”), you grant us exclusive ownership of all intellectual property and other rights in that Feedback. AlchemistOne has no obligation to use Feedback but may do so freely, worldwide, in any media or format, now or developed in the future, for any purpose, without notice or compensation to you. You agree to cooperate in documenting this ownership transfer if needed.

4. MEMBER CONTENT

Certain features of the Platform allow you and other users to create, edit, submit, and contribute (collectively “Post”) various types of content, such as text, images, videos, links, votes, likes, and messages exchanged with other users or third parties (“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 limited to specific users (e.g., content in designated “private” areas), we reserve the right to make such content accessible to all users or the public at a later time. Therefore, it’s essential to understand that all your Member Content could become public, though we are not required to make it so. (Direct messages between users are not intended for publication. However, our Terms do not prevent either party from posting message content on the Platform if it complies with these Terms.)

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

By Posting Member Content, you grant AlchemistOne a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable (through multiple tiers) license. This license permits us to use, copy, reproduce, process, adapt, modify, create derivative works, publish, transmit, store, display, distribute, translate, and otherwise 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 formats, distribution channels, and technologies, now known or developed in the future. For example, content from a Post may be used in community advertisements or on our support pages. This license also extends to allowing other companies, organizations, partners, individuals, and users of the Platform to use Member Content as permitted by the then-current Terms.

Although certain Platform features allow you to delete or modify some visible Member Content, AlchemistOne reserves the right to retain any version of your Member Content, regardless of these features. We may disclose any version of Member Content as outlined in our Privacy Policy.

AlchemistOne reserves the right to remove or decline to publish any Member Content, in whole or in part, 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, though we are not obligated to do so. The visibility of specific Member Content does not imply our endorsement, support, or belief in its safety or reliability, nor does it confirm compliance with our Terms; it simply means we haven’t removed it. Your use of Member Content and related activities (such as participating in events mentioned within) 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 rights described here, and (2) your Posting does not infringe on any third-party rights or legal requirements. You agree to pay any royalties, fees, or other amounts owed to others 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