Alchemy Terms of Use

1. Introduction

Welcome to Alchemy, an AI-powered video streaming platform. These terms of use ("TOU") are an agreement between the users ("you" or "your") of the websites identified below on the one hand and Alchemy Streaming, Inc., its subsidiaries and affiliates (collectively, "Company", "we," "us") on the other hand (each of Company and you may be referred to herein as a "Party" or, collectively, "Parties"). These TOU apply to the website(s) www.alchemy.stream and such other mobile applications, websites, domains and sub-domains and services, however accessed and/or used, whether via personal computers, mobile devices or otherwise, as well as mobile applications, interactive features and downloads that the Company owns, operates, and makes available through its websites and mobile applications (collectively, the "Sites"). This includes interactive features or materials and mobile applications that by their nature interact with the Sites. These TOU govern your use of the Sites and the related services ("Services") and/or content, including, without limitation, any information, text, software, scripts, graphics, photographs, audio and/or visual materials (individually or in combination), features and other materials uploaded, downloaded or appearing on or available through the Sites (collectively, "Content").

Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you may not use our Services.

2. Definitions

3. Account Registration and Security

3.1. You must be at least 18 years old to create an Alchemy account. By creating an account, you confirm that you meet this age requirement.

3.2. You are responsible for maintaining the confidentiality of your account credentials. Any activity that occurs under your account is your responsibility.

3.3. You agree to notify Alchemy immediately of any unauthorized use of your account or any other breach of security.

4. Service Description

4.1. Alchemy is an AI-powered video creation and streaming platform that enables users to create, upload, and video and personalized content.

4.2. Our Services include AI-driven multi-format video creation tools, personalized streaming applications, content discovery, unique video storytelling formats, distribution mechanisms, monetization features for creators, and AI integrations for analytics and audience engagement.

4.3. Alchemy operates on a subscription-based model, offering tiered plans for users. Some basic features may be available for free, while advanced AI tools and monetization features are unlocked with a paid subscription.

5. Acceptable Use of the Product

5.1. You agree to use Alchemy's Services only for lawful purposes and in accordance with these Terms of Use.

5.2. You will not use Alchemy to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

5.3. You will not attempt to gain unauthorized access to any portion or feature of the Alchemy platform, or any other systems or networks connected to the Service.

6. Acceptance of Terms

6.1 Your access to and use of the Sites, Content and Services offered to you is expressly conditioned on your acceptance in their entirety, without modification, of these TOU, the Privacy Policy, and the other policies posted on the Alchemy website at www.alchemy.stream. Your use of the Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Sites may also be subject to additional terms as set forth in such section ("Additional Terms"). By entering the Sites, you expressly agree to follow, be bound by and adhere to these TOU and any Additional Terms in their entirety. If you do not agree to these TOU and the applicable Additional Terms and all of the other policies and terms referenced herein (the "Terms and Conditions") in their entirety, you are not authorized to use the Sites in any manner or form whatsoever.

6.2 In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Sites or with any terms included with any product or service purchased from us, then these TOU shall control, except for any conflict with any applicable other agreement. In the event of a conflict between these TOU and any other agreement or EULA, and these TOU shall be deemed modified to the minimum extent necessary to resolve such conflict; duplicative, co-extensive or overlapping provisions shall not be deemed to result in a conflict unless it is impossible for both to apply at the applicable time or times.

7. Ownership of Sites, Licenses and Access

7.1. The Sites are owned by the Company.

7.2. The Company grants you a limited license to access and make personal use of the Sites but does not grant you the authority to download or modify any portion of the Company's proprietary information, Content found on the Sites, or the Sites themselves, unless you have obtained prior and express written consent from the Company. This license does not include any derivative use of the Sites or Content or any use of data mining, robots, or similar data gathering and extraction tools.

7.3. You agree that you will use the Sites only in combination with Company products and services or Company authorized products and services. If you are the manufacturer or distributor or authorized representative of a product or service that is not an authorized product or service, and you wish to request support for your product or service, please send an email to info@alchemy.stream to request further information. The Company is not required to acknowledge or respond to any such request, or to engage in or continue any discussions that may result from any such request, but may do so in its sole discretion.

7.4. You may not frame or utilize framing techniques to enclose any materials located on the Sites, including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company, third parties, or Company affiliates without express written consent from the Company. (In the case of third parties, express written consent from the appropriate third party owner/licensee of any materials, including Content, is required). You may not use any Company tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates any permission or license granted by the Company. For purposes of clarity, these TOU and the license(s) granted to you hereunder EXPRESSLY EXCLUDE the right to use any Content except as made available to you on the Sites. You may not copy or disseminate any Content or other materials from the Sites.

7.5. The Company grants you permission to create a link to the Sites only as follows: the Company grants to you a limited, revocable, and non-exclusive license to create a hyperlink to the home page of www.alchemy.stream and Company streaming applications so long as the link does not portray the Company, Content, or the Company's products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without first obtaining express written permission from the Company. For purposes of clarity, the Company may obtain certain materials and Content through a third party content provider(s) under a license from said provider(s). THE LANGUAGE HEREIN NEITHER INTENDS TO, NOR SHALL IT BE INTERPRETED AS INTENDING TO, GRANT YOU ANY RIGHTS, TITLE, OR INTEREST TO THE COMPANY'S SITE MATERIALS OR CONTENT. By using the Sites, you expressly agree that you shall respect the intellectual property rights of all third parties, the Company, and any others who may provide materials and/or other Content to the Sites. We only display licensed content obtained from such third party provider(s) in their original form and as licensed, unless expressly otherwise permitted by the license. The information that we provide is for your personal and non- commercial use.

8. User-Generated Content & Material Provided to the Company

8.1. You retain ownership of any intellectual property rights that you hold in the content you create and share on Alchemy, unless otherwise agreed in writing by the Parties.

8.2. If you submit any materials, feedback, your original content, or other communications (collectively, "Submission") to the Sites or to the Company, you grant the Company and its designees and sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the right to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, prepare derivative works from and reformat your Submission, and publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, unless provided herein or as part of a written revenue sharing agreement between You and the Company. The Company is under no obligation to post or use any Submission that you provide and the Company may remove any Submission at any time in its sole discretion. If the Company does post or use any Submission, the Company may remove, modify or cease to use such Submission at any time in the Company's sole discretion.

8.3. You are solely responsible for your content and the consequences of posting or publishing it on Alchemy.

9. Intellectual Property Rights

All of the materials and Content appearing on the Sites are either owned, licensed or sub- licensed (including, without limitation, through these TOU) to the Company and are used by the Company in accordance with the applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any materials or Content (including any logos, images, or data) from the Sites or otherwise use in any manner inconsistent with the exclusive rights of the copyright or trademark holder, unless you are the owner of said materials or Content or have express written permission from the owner of said materials. All rights not expressly licensed to you under these TOU or other applicable Terms and Conditions are expressly reserved by the Company, or if applicable by the owner of such rights.

9.1. The Alchemy platform, including its AI technologies, software, logos, and other content provided by Alchemy, is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written permission.

9.2. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products, or Services obtained from the Sites.

9.3. Alchemy respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Copyright Infringement Reporting Procedure.

10. Prohibited Activities

10.1. You agree not to use Alchemy to upload, transmit, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or racially, ethnically, or otherwise objectionable.

10.2. You will not engage in any activity that interferes with or disrupts the Alchemy Services or servers and networks connected to the Alchemy Services.

10.3. You agree not to circumvent, disable, or otherwise interfere with security-related features of Alchemy or features that prevent or restrict use or copying of any content.

10.4 The Sites are intended for a general audience aged eighteen (18) years and older. If you are under the age of 18, you are prohibited from using the Sites.

10.5 You may not use automated means of any kind to manipulate Company data, information or services. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the sites for any purpose. You may not decompile, dissemble, reverse engineer, copy, create derivative works from or display any of the Sites' or Company's software code. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post or transmit in any way connected to the Sites: (i) content of an illegal nature (including content that violates third party intellectual property rights); (ii) pirated software (or software sites), content that facilitates "hacking" or "cracking"; (iii) content with the sole purpose of causing harm or inciting hatred or content that could be considered as slanderous or libelous. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites. Company expressly prohibits using the Sites in any way for: bullying; pre-texting (impersonation); or spamming (sending unsolicited messages or junk mail).

Company reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any user of the Sites who violates any of the above. You expressly understand and agree that violation of the above may result in termination of your access and/or account without refund of any fees or other amounts paid by you to the Company or others.

11. Links to Third Party Websites

11.1. The Sites may contain links to third party websites (collectively, "Linked Sites"). The Company does not control any Linked Sites and is therefore not responsible for the content posted to the Linked Sites, including, without limitation, any link contained in a Linked Site, or any changes or updates made to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is also not responsible in the event that a Linked Site is not functioning properly. The Company provides the Linked Sites to you as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Sites or any association with its operators. You are responsible for reviewing and abiding by the privacy policies and terms of use policies posted on or otherwise applicable to all of the Linked Sites.

11.2. Any contact that you have with third parties (including advertisers) through the Sites or by your participation in promotions, including the delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and that third party. The Company shall not be responsible or liable for any part of any such dealings or promotions.

12. Subscription Plans and Payments

12.1. Alchemy offers various subscription plans. The features and pricing of each plan are described on our website at www.alchemy.stream.

12.2. You agree to pay all fees associated with your chosen subscription plan. Fees are non-refundable except as required by law or as explicitly stated in these Terms.

12.3. We may change our fees at any time. We'll provide you with advance notice of these fee changes via email. New fees will not apply retroactively.

13. Termination and Account Suspension

13.1. We may terminate or suspend your account and access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

13.2. In the event of termination, your access to the Services will be disabled and you may not be granted access to your account or any files or other content contained in your account.

13.3. You must be at least eighteen (18) years of age to use the Sites or to submit any personal information to the Company and, if you are under the age of eighteen (18), you may only use the Sites with the permission of and in the presence of your parent(s) or legal guardian. As such, if you transact or attempt to transact any business with the Company or submit, or attempt to submit, any personal information to the Company, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE (AND, IF UNDER THE AGE OF EIGHTEEN (18), THAT YOU HAVE PARENTAL PERMISSION TO USE THE SITES AND ARE IN THE PRESENCE OF YOUR PARENT OR LEGAL GUARDIAN) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE SITES IN ACCORDANCE WITH THE STATED TOU AND ALL OTHER TERMS AND CONDITIONS.

13.4. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer or mobile device and/or account(s) to ensure compliance herewith. The use by any minor of the Sites from your computer or mobile device and/or account(s) constitutes your agreement to these TOU.

14. Limitation of Liability

14.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALCHEMY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

14.2. WITHOUT LIMITING THE FOREGOING, ALCHEMY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO ALCHEMY FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

14.3. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALCHEMY AND YOU.

14.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14.5. YOU ACKNOWLEDGE AND AGREE THAT ALCHEMY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ALCHEMY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ALCHEMY.

15. Warranty Disclaimer

15.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALCHEMY SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. ALCHEMY DOES NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

15.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ALCHEMY OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

15.3. ALCHEMY DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY USER-GENERATED CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICE.

15.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

16. Privacy and Data Handling

16.1. Privacy Policy: Our Privacy Policy, available at www.alchemy.stream, is incorporated into these Terms of Service. By agreeing to these Terms, you also agree to our Privacy Policy, which explains how we collect, use, share, and protect your personal information.

16.2. Types of Data Collected: a) We collect personal information that you provide directly, such as your name, email address, and payment information when you create an account or subscribe to our services. b) We automatically collect certain information about your device and how you interact with our platform, including IP address, device type, browser type, and usage data. c) We may collect content you create, upload, or share on our platform, as well as data related to your interactions with other users and content.

16.3. Data Usage and Processing: a) We use your data to provide, maintain, and improve our services, including personalizing content and recommendations using AI technologies. b) We process your data to fulfill the terms of your agreement with us, comply with legal obligations, and pursue our legitimate business interests. c) We may use aggregated and anonymized data for research, analytics, and improving our AI algorithms.

16.4. Data Sharing and Third-Party Access: a) We may share your information with service providers who assist us in delivering our services, subject to confidentiality agreements. b) We may disclose your information if required by law, in response to legal processes, or to protect our rights, privacy, safety, or property. c) We do not sell your personal information to third parties for their marketing purposes. d) If we are involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.

16.5. User Data Rights: a) You have the right to access, correct, or delete your personal information, subject to certain limitations. b) You may object to or restrict certain processing of your data, or request portability of your data, where applicable by law. c) To exercise your data rights, please contact us at [insert contact information]. d) Please note that exercising certain rights may limit your ability to use some features of our service.

16.6. Data Retention: a) We retain your personal information for as long as necessary to provide our services, comply with legal obligations, resolve disputes, and enforce our agreements. b) When we no longer need your data for these purposes, we will securely delete or anonymize it. c) You may request deletion of your account and associated data at any time, subject to our legitimate business needs and legal obligations.

16.7. Data Security: a) We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction. b) While we strive to protect your personal information, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security.

16.8. International Data Transfers: a) Your information may be transferred to and processed in countries other than your own, where data protection laws may differ. b) When we transfer data internationally, we take steps to ensure adequate protection for your information, in compliance with applicable laws.

16.9. Changes to Privacy Practices: a) We may update our Privacy Policy from time to time. We will notify you of any material changes through our platform or via email. b) Your continued use of our services after such notifications constitutes acceptance of the updated Privacy Policy.

16.10. Contact Us: If you have any questions or concerns about our privacy practices or this Privacy and Data Handling section, please contact us at info@alchemy.stream..

17. Indemnifications

You agree to indemnify and hold the Company and its respective officers, directors, employees, agents, successors, and assigns harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to, or arising out of, your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Company.

18. Applicable Law and Agreement to Arbitrate

The Parties agree that all services provided by Company shall be deemed solely based in Illinois.

The Parties agree that all disputes against Company and any disputes that may arise out of these TOU or out of each Party's relationship to with the other, including but not limited to disputes as to these TOU, the Sites license, Sites access restriction and/or termination, Company's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights; user accounts, privacy, Services, Products, Content, and disclaimer of warranties (collectively, "Claims") shall be governed by the internal laws of the State of Illinois, U.S.A. without regard to choice of law principles.

The Parties both expressly agree that any and all Claims shall be submitted for final and binding resolution through binding Arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitrator, and not any court, federal, state, or local court or agency, shall have exclusive authority to resolve any Claim, including any Claim arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these TOU including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.

19. Arbitration Procedures

The Parties agree that any and all disputes that may arise out of these TOU or out of each Party's relationship to with the other shall be submitted to the American Arbitration Association's ("AAA") Chicago, Illinois office, pursuant to their procedures (including filing and notification procedures). The award rendered by the arbitrator shall be final and binding and may be entered in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in AAA and such courts (except that nothing herein shall prevent either Party from initiating a small claims court action).

20. Modifications to Terms of Service

20.1. We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms.

20.2. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified terms, you should discontinue your use of the Services.

20.3. We will notify you of any material changes to these Terms via email to the email address associated with your account or through a notice on our website.

21. General Provisions

21.1. Waiver: No waiver of any of the terms of these TOU will be valid unless in writing and designated as such. No failure or delay in enforcing a Party's rights shall be construed as a waiver.

21.2. Severability: If any part of these TOU are determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by the valid and enforceable provision that is the closest match to the intent of the original provision and the remainder of these TOU shall remain in effect.

21.3. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Alchemy's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Alchemy may assign or transfer these Terms, at its sole discretion, without restriction.

21.4. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Alchemy (i) via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

22. Prohibition of Class and Representative Actions and Non-Individualized Relief

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

23. Judicial Forum for Legal Disputes

Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to either Party or to a particular claim or dispute, either as a result or a decision by the arbitrator or a court order, the Parties agree that any Claim must be resolved exclusively in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in such courts, or if such courts determine that such courts lack subject matter jurisdiction, the U.S. Federal Court located in Cook County, Illinois.

24. Language

It is the express will of the Parties that these TOU be prepared in English. In the event that these TOU are translated into another language or otherwise reprinted, this English language version of these TOU (as amended) shall govern if any inconsistencies from such translation arise.

25. Entire Agreement

Unless otherwise specified herein or in a writing executed by the Parties, these TOU, the Privacy Policy, and all related documents on the Company’s website (www.alchemy.stream) constitute the entire agreement between you (the user) and the Company with respect to the use of the Sites. These TOU supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Sites.

26. Errors, Omissions, and Changes

While the Company endeavors to use reasonable efforts to ensure the accuracy of the materials and Content presented, these TOU explicitly warn you that this service may include typographical errors and/or technical inaccuracies.

The Company reserves the right to change these TOU as it deems reasonable and appropriate without notice to you. Any changes to these TOU are effective as soon as such changes are posted to the Sites or mobile applications. The date of the most recent changes to these TOU are listed at the beginning of this document. The Company encourages you to verify the date that these TOU were last updated whenever you contact The Sites or mobile applications to determine whether or not changes were made. The Company may, from time to time, post notices on the Sites or mobile applications if the Company believes, in its sole discretion, that it has made material changes to these TOU.

Company takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential even if the Company and you take protective measures. If you are transmitting confidential information, you are doing so at your own risk.

27. Contact Information

If you have any questions, comments, or concerns about these Terms, please contact us at:

Via mail at: Alchemy Streaming Inc. 210 N. Racine Ave., Ste. 2N, Chicago, IL 60607

Via Email: info@alchemy.stream

Company expressly reserves any rights not explicitly granted in these Terms and Conditions.

Last Updated: 10/01/2024