Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Alchemyst, Inc. ("Alchemyst," "we," "our," "us"). They govern your access to and use of (a) the alchemyst.one website and related sites, and (b) the Alchemyst AI services, APIs, SDKs, models, agent framework, dashboards, and any related apps (collectively, the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1) Contracting Entity; Eligibility

You are contracting with Alchemyst, Inc., a Delaware corporation, with its principal place of business at 28 Geary Street Suite 650 #2654, San Francisco, CA 94108, USA.

You must be 18+ (or 13+ with verifiable parental consent). If you use the Services on behalf of an entity, you represent you have authority to bind that entity; "you" includes that entity.

2) Services Overview; No Regulated Advice

Alchemyst provides AI-enabled tools for research, analysis, ideation, and workflow automation. Outputs may be inaccurate, incomplete, or inappropriate for your context. You are responsible for reviewing and validating outputs and for complying with applicable laws. The Services do not provide medical, legal, financial, or other professional advice and are not for emergency use or high-risk applications.

3) Beta/Preview Features

Some features are labeled Beta, Preview, or similar ("Beta Features"). Beta Features are provided AS IS, may be rate-limited, changed, or discontinued at any time, and are not for production or high-risk uses. No service levels or warranties apply to Beta Features. Reasonable feedback you provide may be used to improve the Services (see §9 Feedback).

4) Accounts & Security

Provide accurate, current information and keep it updated. You are responsible for activities under your account and for safeguarding credentials. Notify us of unauthorized use. We may require MFA and may suspend accounts for suspected abuse.

5) Acceptable Use

You agree not to:

• (a) violate laws or others' rights;
• (b) upload unlawful, harmful, deceptive, or defamatory content;
• (c) submit PHI or other regulated/sensitive data unless we expressly agree in writing to act as your processor;
• (d) use the Services for medical decision-making, life-support, critical infrastructure, or other high-risk activities;
• (e) attempt to extract model weights, datasets, or hidden prompts;
• (f) benchmark to compete or train models that compete with ours without written permission;
• (g) scrape, probe, or disrupt the Services;
• (h) send spam;
• (i) bypass usage controls, rate limits, or billing.

We may suspend or terminate access for AUP violations.

6) User Content; Inputs & Outputs

Customer Content means prompts, uploads, configurations, and resulting Outputs. As between you and us, you retain your rights to Customer Content. You grant Alchemyst a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and create derivative works of Customer Content solely to provide, maintain, secure, and improve the Services, prevent abuse, and comply with law. Subject to these Terms and third-party rights, we assign to you our rights in Outputs generated for you. You are responsible for reviewing Outputs and clearing any third-party rights.

Training use. Alchemyst does not train its models on your Customer Content. See §22 for third-party model providers.

7) Privacy; Cookies; Analytics

Your use is governed by our Privacy Policy (incorporated by reference). With your consent via our cookie banner, we may use session analytics tools (e.g., Microsoft Clarity) to improve UX; sensitive fields are masked; you can withdraw consent anytime via cookie preferences.

8) Intellectual Property

Excluding Customer Content, the Services, software, models, datasets we provide, documentation, and our marks/trade dress are owned by Alchemyst or its licensors and protected by U.S. and international laws. No rights are granted except as expressly stated.

9) Feedback

You grant Alchemyst a perpetual, irrevocable, worldwide, royalty-free license to use ideas, suggestions, or reports ("Feedback") for any purpose without restriction or attribution.

10) Third-Party Services & Open Source

The Services may interoperate with third-party platforms, models, datasets, or APIs. Their terms and privacy policies apply. Open-source components are licensed under their respective licenses.

11) Fees, Subscriptions, and Billing

Plan & Seats. Alchemyst AI is offered on a per-user seat basis with monthly or annual subscriptions ("Subscriptions").

No Preset Usage Caps. Subscription tiers do not include preset usage quotas. To protect stability and security, we may apply technical throttling or rate-limiting in cases of abuse, attacks, or extreme load.

Auto-Renewal & Cancellations. Subscriptions auto-renew unless you cancel before the end of the current term. Cancellations take effect at the end of the billing period.

Fees & Taxes. You authorize us (and our processor) to charge fees and applicable taxes. Fees are non-refundable except as required by law or expressly stated.

Changes. We may change pricing or introduce new fees upon at least 30 days' notice, effective on renewal.

Non-Payment. We may suspend or downgrade the Service for unpaid amounts.

12) Service Changes; Availability

We may modify, suspend, or discontinue all or part of the Services at any time. We are not liable for outages, maintenance windows, force majeure, or events beyond our reasonable control. For material changes to these Terms, we'll try to give 30 days' notice.

13) Disclaimers

THE SERVICES (INCLUDING BETA FEATURES) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND RELIABILITY. WE DO NOT WARRANT THAT OUTPUTS WILL BE ERROR-FREE, THAT THE SERVICES WILL BE UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. NO PROFESSIONAL ADVICE.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALCHEMYST AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS YOU PAID IN THE 12 MONTHS BEFORE THE EVENT OR $100, WHICHEVER IS GREATER. Where prohibited, these limits apply to the fullest extent allowed.

15) Indemnification

You will defend, indemnify, and hold harmless Alchemyst and its affiliates from claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your Customer Content; (b) your use of the Services; (c) your violation of these Terms or law; or (d) your infringement or misappropriation of third-party rights.

16) Term; Suspension; Termination

We may suspend or terminate your access immediately for breach or risk to the Services or others. You may stop using the Services at any time. Upon termination, your right to use the Services ceases and you must stop calling our APIs and uninstall SDKs. Sections intended to survive, §§6–9, 13–22, survive termination.

17) International Use; Export Controls; Sanctions

You must comply with U.S. and international export control and sanctions laws (including EAR and OFAC). You may not use or provide access in embargoed countries, to prohibited parties, or for prohibited end-uses (e.g., WMD).

18) U.S. Government Rights

The Services are "commercial products" and "commercial computer software." If accessed by or on behalf of the U.S. Government, use, duplication, or disclosure is subject to FAR 12.211/12.212 and DFARS 227.7202.

19) Governing Law; Dispute Resolution; Arbitration

Governing Law & Venue. These Terms are governed by the laws of the State of California, excluding conflict-of-laws rules. For claims that qualify, either party may bring small-claims actions in San Francisco County, California or your U.S. county of residence.

Binding Arbitration & Class Waiver. Except for small-claims and injunctive/equitable relief, disputes shall be resolved by binding arbitration under the FAA, administered by the AAA under its Consumer or Commercial Rules (as applicable). No class or representative actions; the arbitrator may award individual relief only.

Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing contact@alchemyst.one with your name, account email, and a clear opt-out statement.

Injunctive Relief. Either party may seek temporary or injunctive relief in court to protect IP or prevent misuse.

20) Notices; Contact

General support and privacy requests: support@alchemyst.one

Legal notices and DMCA: contact@alchemyst.one

Mailing address: Alchemyst, Inc., 28 Geary Street Suite 650 #2654, San Francisco, CA 94108, USA

21) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will try to provide at least 30 days' notice (e.g., email or banner). Continued use after changes take effect constitutes acceptance.

22) Supplemental Terms for Alchemyst AI (Model, API, SDK)

Third-Party Model Providers (OpenAI). To deliver Alchemyst AI, we may route prompts/outputs to third-party model APIs (currently including OpenAI). As of the date above, OpenAI states API data is not used to train models by default and offers an optional opt-in. We configure our organisation to disable such sharing and will only enable it at your explicit direction (where available). Provider policies may evolve; if a change would reduce your privacy protections, we will provide material notice.

Data Handling & Retention. We process Customer Content to operate and secure the Services. Prompt/output payloads may be temporarily retained for debugging, abuse detection, and legal compliance, then deleted or anonymized (see Privacy Policy).

Sensitive/Regulated Data. Do not submit PHI or special-category data unless we've executed appropriate processor terms.

High-Risk Use Prohibited. No use in medical triage, autonomous vehicles, nuclear facilities, aviation, law-enforcement targeting, weapons systems, or similar high-risk contexts.

Reverse Engineering & Benchmarking. No extraction of model parameters, datasets, or hidden prompts; no publication of competitive benchmarks without written consent.

Fine-Tuning & Derivatives. Fine-tuning on Customer Content is permitted only via our supported tools and terms. Model checkpoints/adapters may not be exported unless expressly allowed.

Attribution. We may require reasonable "powered by" notices where specified in docs.

Support; SLAs. Unless a separate SLA applies, support is provided on a commercially reasonable basis; no uptime guarantees (especially for Beta).

23) Additional Website Terms (alchemyst.one)

IP Rights. Except for Customer Content, site content, features, and functionality are the exclusive property of Alchemyst and its licensors. Our trademarks/trade dress may not be used without prior written consent.

User Behavior Analytics (consent-based). With your cookie consent, we may record session interactions using tools like Microsoft Clarity; sensitive fields are masked. You can withdraw consent at any time in cookie preferences.

Prohibited Uses. Unlawful activity, exploitation of minors, impersonation, infringement, or harmful conduct are prohibited.

24) Miscellaneous

If a provision is unenforceable, the rest remains in effect. No waiver unless in writing. You may not assign these Terms without our consent; we may assign to an affiliate or in a merger, acquisition, or asset sale. Headings are for convenience only.

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Questions? Email contact@alchemyst.one  ·  See also: Privacy Policy