These Consumer Terms of Service ("Terms") are a binding agreement between Alcony, Inc., a Wyoming corporation ("Alcony," "we," "us," or "our"), and you, the individual using the Services ("you"), governing your access to and use of Alcony's AI-assisted forecasting and decision-support platform, including our applications and related services (collectively, the "Services"). By creating an account, clicking "I Agree," or otherwise accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our AI & Data Terms, each incorporated by reference. If you do not agree, do not access or use the Services.
These Terms apply to individuals who sign up for and use the Services on their own behalf. If you access the Services through an account provided by an organization (for example, your employer) under an agreement between that organization and Alcony, that account is governed by Alcony's Enterprise Terms of Service or the organization's signed agreement with Alcony, and not by these Terms.
PLEASE READ SECTION 17 CAREFULLY. IT REQUIRES YOU AND ALCONY TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 17.4.
1. Eligibility and Accounts
1.1 Eligibility. You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to create an account. By using the Services, you represent that you meet this requirement.
1.2 Registration. You must provide accurate and complete registration information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at security@alcony.io if you suspect unauthorized use of your account.
1.3 Personal Account. Your account is for you alone. You may not share your credentials or let anyone else use your account.
1.4 One Account. You may not maintain more than one active account for the purpose of obtaining additional free Credits, evading Credit or usage limits, or otherwise circumventing these Terms, as further described in our Acceptable Use Policy.
2. The Services; Nature of Outputs
2.1 Description. Alcony lets you create questions about future outcomes, record your own predictions, and receive predictions from AI-generated "analysts" (each an "AI Analyst"). Alcony computes a weighted aggregate prediction across your own and AI Analysts' predictions (an "Aggregate Score"), tracks your prediction accuracy over time (your "Calibration Score"), and lets you organize related questions into "decision landscapes" with AI-suggested posture and timing recommendations (e.g., act, prepare, wait, gather evidence, or hold) ("Posture Recommendations").
2.2 Not Advice; Not a Guarantee. Predictions, Aggregate Scores, Calibration Scores, and Posture Recommendations are AI-generated, probabilistic estimates based on available information. They are provided for informational and decision-support purposes only. They are not financial, legal, medical, tax, or investment advice, and are not a guarantee, warranty, or assurance of any future outcome. You are solely responsible for any decision or action you take based on the Services, and you should seek advice from a qualified professional before making decisions with legal, financial, medical, or other significant consequences.
2.3 Not a Regulated Financial Entity. Alcony is not a broker-dealer, futures commission merchant, investment adviser, insurance producer, or bookmaking, gambling, or betting operator, and the Services governed by these Terms do not involve the transfer or risking of money based on an outcome. Nothing in the Services should be construed as an offer or solicitation to buy or sell any security, commodity interest, or other financial instrument.
2.4 Changes to the Services. Alcony may add, modify, or discontinue features of the Services at any time. Some features may be offered on a beta, preview, or early-access basis and may be changed, limited, or discontinued without the notice otherwise applicable to generally available features, and are provided "as is."
3. Subscriptions, Credits, and Fees
3.1 Credits. Access to certain features is metered using Alcony's credit system ("Credits"). New accounts receive a free grant of Credits as described at signup. Additional Credits are available through paid subscription tiers or through one-time, à la carte purchases, in each case at the rates shown at checkout.
3.2 Billing; Automatic Renewal. Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as you select) and automatically renew for successive periods of the same length at the then-current price until you cancel. Before you subscribe, we will clearly show you the price, the billing frequency, and how to cancel, and we will ask for your affirmative consent to the automatic renewal. For annual subscriptions, we will send you a reminder at least 15–45 days before renewal, or as otherwise required by applicable law. You authorize Alcony and its payment processor to charge your payment method for all fees incurred, and you are responsible for keeping your payment information current.
3.3 Cancellation. You may cancel your subscription at any time, online, through your account settings, using a process no more difficult than the one you used to subscribe. Cancellation takes effect at the end of the then-current billing period, and you will keep access to paid features through that period. There is no cancellation fee.
3.4 Refunds. Fees and Credit purchases are non-refundable, except as required by applicable law (including any statutory right of withdrawal you may have in your jurisdiction) or as Alcony expressly states otherwise, including in Section 15.5. Unused Credits do not entitle you to a cash refund.
3.5 Credit Expiration and Rollover. Free-grant Credits expire 90 days after issuance if unused. Credits included in a paid subscription expire at the end of the billing period in which they were granted, subject to a rollover cap of an amount to be specified into the following period. À la carte Credit purchases expire 12 months after purchase. Alcony may change these expiration and rollover terms prospectively upon notice; changes will not shorten the life of Credits you have already purchased.
3.6 Free Trials. If Alcony offers a free trial, we will tell you before the trial starts whether it converts to a paid subscription, when, and at what price. If it does, it converts automatically at the end of the trial period unless you cancel before the trial ends.
3.7 Price Changes. Alcony may change subscription pricing prospectively. For existing subscribers, a price change takes effect no earlier than your next renewal, and we will give you at least 30 days' notice so you can cancel before it applies.
3.8 Taxes. Prices may be shown exclusive of applicable taxes. Any taxes Alcony is required to collect will be shown at checkout.
4. License Grant and Restrictions
4.1 License to You. Subject to your compliance with these Terms, Alcony grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal purposes, which may include your own professional work, but not to provide services to others or to use the Services on behalf of an organization in place of an organizational account.
4.2 Restrictions. You will not, and will not attempt to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or algorithms of the Services; (b) resell, sublicense, rent, lease, or provide the Services to any third party; (c) use the Services, or any Output, to build, train, or benchmark a competing product or AI model; (d) use automated means (bots, scripts, scrapers) to access the Services except as expressly permitted for the External Forecaster Connectors described in Section 8; or (e) use the Services in violation of the Acceptable Use Policy.
5. Your Content
5.1 Ownership. As between you and Alcony, you retain all right, title, and interest in and to the questions, predictions, notes, assumptions, constraints, and documents you submit to the Services ("User Content"). You grant Alcony a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display User Content solely as necessary to provide, secure, and improve the Services for you and, where you use collaboration or sharing features, for the collaborators you designate, in each case as further described in the AI & Data Terms and Privacy Policy.
5.2 Your Responsibility for Content. You represent that you have all rights necessary to submit your User Content and that it does not violate any law or third-party right. You are solely responsible for User Content you submit, including documents you upload for AI-assisted processing.
5.3 AI-Generated Outputs. As between you and Alcony, and subject to the terms governing any underlying Model Provider (as defined in the AI & Data Terms), you own the predictions, Aggregate Scores, Calibration Scores, and Posture Recommendations generated from your own User Content ("Outputs"), to the extent such Outputs are capable of being owned under applicable law. Alcony makes no representation regarding the availability of copyright or other intellectual property protection for AI-generated Outputs, and because Outputs are generated using probabilistic models, similar or identical Outputs may be generated for other users from similar inputs.
5.4 Feedback. If you provide Alcony with feedback, suggestions, or ideas about the Services, you grant Alcony an unrestricted, royalty-free, perpetual license to use them for any purpose without obligation or compensation to you.
6. AI Features
6.1 Incorporation of AI & Data Terms. The Services include features powered by artificial intelligence, including AI Analysts, AI-assisted document processing, and AI-generated Posture Recommendations, which rely in part on third-party model providers. Use of these features is governed by our AI & Data Terms, incorporated by reference, which describe how Alcony processes data in connection with AI features, including data-minimization practices and the providers involved.
6.2 Review Before Relying. AI-generated Outputs may be inaccurate, incomplete, or unsuitable for your purpose. You are responsible for evaluating Outputs, including using independent judgment or professional advice as appropriate, before relying on them, particularly for decisions with legal, financial, medical, or safety implications.
7. Acceptable Use
7.1 Your use of the Services, including any use of AI features and External Forecaster Connectors, is subject to our Acceptable Use Policy, incorporated by reference. Violation of the Acceptable Use Policy is a material breach of these Terms.
8. External Forecaster Connectors
8.1 Description. Subscribers may enable a feature that allows independent third-party developers to submit predictions to the subscriber's questions through an API ("External Forecaster Connectors"). Predictions submitted through an External Forecaster Connector are treated as a peer input into the Aggregate Score alongside your own predictions and those of AI Analysts.
8.2 Developer Terms. A developer's access to and use of the API is governed by Alcony's separate API and developer terms to be published; reference inserted upon finalization. These Terms govern your use of the Services as a subscriber enabling the Connector; they do not create a direct relationship between you and any third-party developer, and Alcony is not responsible for predictions submitted by third-party developers except as set out in the Acceptable Use Policy's connector-specific rules.
8.3 No Endorsement. Alcony does not review or endorse individual predictions submitted through External Forecaster Connectors before they affect your Aggregate Score.
9. Additional Terms for Certain Features
9.1 Separate Agreements. Certain optional features may require you to accept separate terms before you can use them ("Additional Terms"). Additional Terms are a separate agreement between you and Alcony. They apply only if you affirmatively accept them, and they govern that feature to the extent they conflict with these Terms.
9.2 No Authorization Without Acceptance. These Terms do not by themselves authorize your use of any feature that requires Additional Terms. Users who do not accept Additional Terms are not affected by them and bear no obligations or risk under them.
10. Intellectual Property
10.1 Alcony and its licensors retain all right, title, and interest in and to the Services, the underlying software, models, and technology, and all associated intellectual property rights, excluding User Content and Outputs owned by you under Section 5. No rights are granted to you except as expressly stated in these Terms.
11. Third-Party Services
11.1 The Services may incorporate or link to third-party services, including AI model providers, authentication providers, payment processors, and any third-party account you choose to connect. Your use of third-party services is subject to their own terms and privacy policies, and Alcony is not responsible for third-party services except as expressly stated in these Terms, any Additional Terms, or the AI & Data Terms.
12. Warranties and Disclaimers
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, INCLUDING ALL OUTPUTS, PREDICTIONS, AGGREGATE SCORES, CALIBRATION SCORES, AND POSTURE RECOMMENDATIONS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. ALCONY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE.12.1 Your Statutory Rights. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms limits any rights you have as a consumer that cannot be waived or limited by contract under applicable law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ALCONY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO ALCONY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).13.1 Exceptions. The limitations in this Section 13 do not apply to (a) your indemnification obligations, (b) your payment obligations, (c) Alcony's gross negligence, willful misconduct, or fraud, or (d) liability that cannot be limited under applicable law.
14. Indemnification
14.1 To the extent permitted by applicable law, you will indemnify, defend, and hold harmless Alcony and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your User Content, (b) your use of the Services in violation of these Terms or the Acceptable Use Policy, or (c) your violation of applicable law.
15. Term; Suspension; Termination
15.1 Term. These Terms remain in effect for as long as you maintain an account or otherwise use the Services.
15.2 Termination by You. You may stop using the Services and delete your account at any time through your account settings.
15.3 Suspension and Termination by Alcony. Alcony may suspend or terminate your access to the Services, in whole or in part, immediately and without notice if you violate these Terms, the Acceptable Use Policy, or applicable law, or if your use poses a security risk to the Services or to others. For other material breaches, Alcony will provide notice and a reasonable opportunity to cure (not less than 15 days) before terminating, except where immediate action is warranted.
15.4 Discontinuation. Alcony may stop offering the Services, or terminate your account for reasons other than your breach, on at least 30 days' notice.
15.5 Effect of Termination. Upon termination, your right to access the Services ends. If Alcony terminates your paid subscription under Section 15.4, Alcony will refund the prepaid fees for the unused portion of your then-current billing period. Sections 5 (as to accrued rights), 10, and 12 through 19 survive termination. Alcony will handle your data upon termination as described in the Privacy Policy.
16. Changes to these Terms
16.1 Alcony may update these Terms from time to time. If we make a material change, we will notify you through the Services or by email at least 30 days before the change takes effect. If you do not agree to the change, you may cancel your subscription and stop using the Services before it takes effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. Changes to Section 17 will not apply to any dispute of which Alcony had notice before the change took effect.
17. Dispute Resolution; Arbitration
17.1 Informal Resolution First. Before filing a claim, you and Alcony agree to first attempt to resolve any dispute informally by contacting the other party (you may reach Alcony at legal@alcony.io). If the dispute is not resolved within 45 days, either party may proceed as set out below.
17.2 Binding Individual Arbitration. Except for claims that qualify for small claims court and claims for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights, you and Alcony agree to resolve any dispute arising out of or relating to these Terms or the Services through final and binding arbitration administered by the American Arbitration Association under its consumer arbitration rules, on an individual basis only. Alcony will pay the arbitration filing and administrative fees in excess of the fee you would pay to file in court, unless the arbitrator finds your claim frivolous.
17.3 Class Action and Jury Waiver.You and Alcony each waive any right to a jury trial and to participate in a class, consolidated, or representative action. If this waiver is found unenforceable as to any claim, that claim will proceed in court, not in arbitration.
17.4 Opt-Out. You may opt out of this arbitration agreement by sending written notice to legal@alcony.io within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
18. Governing Law; Venue
18.1 These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles, except that nothing in this Section deprives you of the protection of mandatory consumer laws of the place where you live. Subject to Section 17, the state and federal courts located in Wyoming will have exclusive jurisdiction over any dispute not subject to arbitration, and you and Alcony consent to personal jurisdiction there.
19. General Provisions
19.1 Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, AI & Data Terms, and any Additional Terms you have accepted, constitute the entire agreement between you and Alcony regarding the Services and supersede any prior agreements on the subject.
19.2 Assignment. You may not assign these Terms without Alcony's prior written consent. Alcony may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
19.3 Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
19.4 No Waiver. Alcony's failure to enforce any provision is not a waiver of its right to do so later.
19.5 Force Majeure. Neither party is liable for delay or failure to perform resulting from causes beyond its reasonable control.
19.6 Export Compliance. You may not use the Services in violation of U.S. export control or sanctions laws, and may not access the Services from a U.S.-embargoed country or if you are a restricted or denied party under such laws.
19.7 Electronic Communications; Notices. You consent to receive agreements, notices, and other communications from Alcony electronically, via the email associated with your account or through the Services. You may provide notice to Alcony at legal@alcony.io.
19.8 Relationship of the Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
19.9 Contact. Questions about these Terms may be sent to legal@alcony.io or Alcony, Inc., Address.