Terms of Service

Last updated: July 9th, 2023

These Terms of Service apply between you and:

Alchemy
Kelowna, BC
Canada

1. Acceptence of Terms of Service Agreement.

By creating an Alchemy account, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept and agree to be bound by all of the terms of this Agreement, you must not use the Service.

We may make changes to this Agreement and to the Service at any time for any reason. The most recent version of this Agreement will be posted on our website. The most recent version supercedes and overrides any previous versions, and is the version that applies. If you continue to use the Service after any changes to these Terms of Service, then you agree to the revised Terms of Service.

2. Eligibility.

You are not authorized to create an account, access, or use the Service unless all of the following are true:

• you are at least 18 years of age;
• you can form a binding contract with Alchemy;
• you are not a person who is barred from using the Service under Canadian law or any other applicable jurisdiction;
• you will comply with this Agreement and all applicable local, provincial, national, and international laws, rules, and regulations; and
• you have never commited an indictable offense, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender in any sex offender registry (including registries outside of Canada).

3. Your Account.

You are responsible for maintaining the security of your login credentials you use to log in to Alchemy, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact us by email at [email protected] immediately.

4. Modifying the Service and Termination.

Alchemy may add new product features or enhancements at any time, as well as remove features at any time. If these changes do not affect your rights or obligations, Alchemy may not provide you with notice before making them. Alchemy also reserves the right to completely suspend the Service at any point, for any reason, and may (but is not obligated to) provide notice beforehand.

Should you wish to terminate your account, you may do so using the "Delete Profile" button in the "Settings" menu, or by contacting us by email at [email protected]. If you use a third party payment account such as Apple's App Store or the Google Play Store, you will need to manage in app purchases through that account to avoid additional billing. Alchemy may terminate your account at any time, without notice, and for any reason. Upon such a termination, you will be entitled to any applicable refunds unless your account was terminated due to a violation of these Terms of Service.

After your account is terminated, this Agreement will terminate, except that the following provisions will still apply between you and Alchemy: Section 4, Section 5, and Sections 12 through 16.

5. Safety and Your Interactions with Other Members.

Alchemy is not responsible for the conduct of any member on or off the Service. You agree to use caution in all interactions with other members, and act in your best interests to keep yourself safe. You agree that you will not provide your financial information (for example, your credit card or bank account information) to other members, nor will you send money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT ALCHEMY DOES NOT INQUIRE INTO THE BACKGROUND OF ITS MEMBERS IN ANY WAY. ALCHEMY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.

6. Rights Alchemy Grants You.

Alchemy grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by Alchemy and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

• use the Service or any content contained in the Service for any commercial purposes without Alchemy's written consent;
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Service without Alchemy's prior written consent;
• express or imply that any statements you make are endorsed by Alchemy;
• use any computer program or tool to access the Service, unless it is created by Alchemy or authorized for use by Alchemy;
• use the Service in any way that could interfere with, disrupt, or negatively affect the Service or the Service's network;
• upload viruses or other malicious code or otherwise compromise the security of the Service;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service;
• frame, mirror, or otherwise duplicate any part of the Service without Alchemy's prior written authorization;
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or cause others to do so;
• use or develop any third-party applications that interact with the Service or other members' Content or information without Alchemy's written consent;
• use, access, or publish the Alchemy application programming interface without Alchemy's written consent;
• probe, scan, or test the vulnerability of the Service or any system network without Alchemy's written consent;
• encourage or promote any activity that violates this Agreement.

Alchemy may investigate and take any available legal action in response to illegal or unauthorized use of the Service, including termination of your account.

Any software that Alchemy provides you may automatically download and install updates or new features. You may be able to configure these automatic downloads through your device's settings.

7. Rights you Grant Alchemy.

By creating an account, you grant to Alchemy a worldwide, transferrable, sub-licensable, and royalty-free license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute any information you post, upload, display, or otherwise make available (collectively, "post") to the Service or transmit to other members (collectively, "Content"). Alchemy's license to your Content shall be non-exclusive, except that Alchemy's license shall be exclusive with respect to derivative works created through use of the Service. For example, Alchemy would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Alchemy can prevent the use of your Content outside of the Service, you authorize Alchemy to act on your behalf with respect to infringing uses of your content taken from the Service by other members or third parties. Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Service, and researching and developing new ones. You agree that any Content you place or that you authorize Alchemy to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service.

You agree that all information you submit upon creation of your account is accurate and truthful, and you have the right to post the Content on the Service and grant the license to Alchemy above.

You understand and agree that Alchemy may monitor or review any Content you post as part of the Service. Alchemy may delete any Content, in whole or in part, that in Alchemy's sole judgement violates the Agreement or may harm the reputation of the Service.

When communicating with Alchemy's staff members, you agree to be respectful and kind. If we feel that your behaviour towards any of Alchemy's staff is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

In consideration for Alchemy allowing you to use the Service, you agree that Alchemy, Alchemy's affiliates, and Alchemy's third-party partners may place advertising on the Service. By submitting suggestions or feedback to Alchemy regarding the Service, you agree that Alchemy may use and share such feedback for any purpose without compensating you.

Please know that Alchemy may access, store, and disclose your account information and Content if required do to so by law or to enforce the Agreement, excluding any information pertaining to an individual, or individuals, belonging to protected group(s) unless that information is publicly available through the Service (for example, Alchemy will not disclose whether a user has declared themselves as being transgender, unless that user has put the information publicly on their profile).

8. Community Rules.

By using the Service, you agree that you will not:

• use the Service for any purpose that is illegal or prohibited by this Agreement;
• use the Service for any harmful or malicious purpose;
• use the Service in order to damage Alchemy;
• spam, solicit money from, or defraud any members;
• impersonate any person or entity, or post any images of another person without their permission;
• bully, stalk, intimidate, assault, harass, mistreat, defame, or otherwise cause harm to any person;
• post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right;
• post any Content that is hate speech, threatening, sexually explicit, or pornographic;
• post any Content that incites violence, contains nudity, or contains graphic or gratuitous violence;
• post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes, from other members;
• disseminate another person's personal information without their permission;
• use another member's account, share an account with another member, or maintain more than one account;
• create another account if Alchemy has already terminated your account, unless you have Alchemy's permission.

Alchemy reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service, or behaved in a way that Alchemy regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In the event that you violate these rules, your authorization to use the Service will be automatically revoked.

9. Other Members' Consent.

Although Alchemy reserves the right to review and remove Content that violates this Agreement, such Content is sole responsibility of the member who posts it, and Alchemy cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or contact Alchemy by email at [email protected].

10. Purchases.

Alchemy may offer in-app purchases through the App Store, Google Play Store, or other payment platforms authorized by Alchemy. If you choose to make an in-app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment will be charged for the in-app purchase at the prices displayed to you for the service(s) you've selected as well as any applicable taxes or fees that may be imposed on your payments, and you authorize Alchemy (or the third-party account, as applicable) to charge you.

Auto-Renewal and Automatic Card Payments.

If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, your subscription will automatically continue for an indefinite period of time, at the price you agreed to when subscribing, unless you cancel your subscription before the renewal date. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

Objections to a payment already made should be directed to the relevant third-party account (such as the App Store or Google Play Store). You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time using the relevant third-party account.

If you want to terminate your subscription, the easiest way is to log in to your third-party account and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with Alchemy or if you have deleted the Alchemy application from your device. Deleting your account on Alchemy or deleting the Alchemy application from your device does not terminate or cancel your subscription. Alchemy will retain all funds charged to your Payment Method until you terminate or cancel your subscription on your third-party account. If you terminate or cancel your subscription, you may use your subscription until the end of your subscription term, and your subscription will not be renewed afer your term expires.

Virtual Items.

You may be able to purchase or earn a limited, personal, non-transferrable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement when Alchemy ceases providing the Service or your account is otherwise closed or terminated. Alchemy, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Alchemy may manage, regulate, control, modify, or eliminate Virtual Items at any time. Alchemy shall have no liability to you or any third party in the event that Alchemy exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT ALCHEMY IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Refunds.

Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. Alchemy may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

Pricing.

Pricing may vary due to a number of factors. Alchemy may offer promotional rates, which can vary based on region, length of subscription, or other factors. Alchemy may also test new features and payment options.

11. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact Alchemy at [email protected].

If you contact Alchemy regarding alleged copyright infringement, please be sure to include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
• your contact information, including address, telephone number, and email address;
• the copyright holder's identity;
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copytight owner or authorized to act on the copyright owner's behalf.

Alchemy will terminate the accounts of repeat infringers.

12. Disclaimers.

ALCHEMY PROVIDES THE SERVICE "AS IS" AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALCHEMY DOES NOT REPRESENT OR WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE; (2) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR (3) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

ALCHEMY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER MEMBER, OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

13. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to ther websites or resources. Alchemy is not responsible for the availability (or lack thereof) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party's terms will govern their relationship with you. Alchemy is not responsible or liable for such third parties' terms or actions.

14. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ALCHEMY, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) YOUR ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (2) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING THE USE OF THE SERVICE; OR (3) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF ALCHEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ALCHEMY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO ALCHEMY FOR THE SERVICE AND CAD100 WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Alchemy, Alchemy's affiliates, and their and Alchemy's respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees due to, arising out of, or relating in any way to your access or use of the Service, your Content, or your breach of this Agreement.

16. Entire Agreement; Other.

This Agreement, which includes the Privacy Policy, and any terms disclosed and agreed to by you if you purchase additional features, products, or services Alchemy offers on the Service, contains the entire agreement between you and Alchemy regarding the use of the Service. If any provision in this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. You agree that your Alchemy account is non-transferrable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created as a result of this Agreement and you may not make representations on behalf of or bind Alchemy in any manner.