These Terms of Service ("Terms") govern your use of The Midnight Alchemist app and website (collectively, the "Service"), operated by 3Men Pty Ltd (ABN 83 678 873 839), Level 1, 63–73 Ann Street, Surry Hills NSW 2010, Australia ("we", "us"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Midnight Alchemist is a personal-development service using structured identity reflection, journals, daily AI-generated Ritual audio sessions (together forming your "Protocol") and, when you give separate explicit consent, a cloned Voice Signature. Features that depend on cloned-voice audio are unavailable if you do not give or later withdraw that consent; you can withdraw voice consent in Settings at any time without deleting your account. Features may change as we improve safety, quality and availability. The website's educational articles are part of the Service but are not individual professional advice.
The Midnight Alchemist is not therapy, a health service, medical advice or a medical device. It does not diagnose, treat, cure or prevent any condition and is not a substitute for a qualified professional. AI-generated content can be incomplete or wrong. If you are in crisis or at risk of harm, do not rely on the app: contact emergency services or a qualified crisis/health service in your location.
A Voice Signature is subject to a separate explicit-consent notice, which is versioned so both of us can prove what was agreed. You may submit only your own voice, recorded by you. You give us and our named processors a limited permission to process that sample and model solely to create and deliver your personal Ritual audio. We do not claim ownership of your voice or your likeness. The original sample is not stored by us after processing; the encrypted provider voice model is retained until you withdraw consent, delete the Voice Signature, or delete your account. If you do not consent, the Voice Signature and cloned-voice Ritual features are unavailable. See the Privacy Policy for the full data flow and deletion controls.
You retain rights in the journals and responses you submit. You grant us a limited, worldwide licence to host, process, transform and display that material only as needed to operate, secure and improve the Service for you. You may not submit material you do not have the right to use.
Ritual scripts, transcripts and insights are generated with artificial intelligence. They may contain mistakes, inappropriate suggestions or invented details. Review outputs critically and do not use them as the sole basis for health, safety, legal, financial or other high-impact decisions. We may filter, refuse or remove generated content to protect users and the Service.
You may export your Ritual audio as an MP3 file — a full session or a 30-second excerpt. Because the audio is in your own cloned voice, we show a likeness disclosure before download and record your acceptance in an audit trail. Once exported, the file is outside our systems: you are responsible for how you store, use and share it. You must not use exported audio to mislead anyone about who is speaking or that it was AI-generated where that could deceive or cause harm, or otherwise in breach of the Acceptable use section. We may suspend the download feature for an account that misuses it. Deleting your Voice Signature or account removes our copies but not files you have already exported.
You agree not to:
Payments are not yet enabled. At launch, The Midnight Alchemist is free to use and no in-app purchases can be made. When paid subscriptions begin, they will be offered in two tiers — The Seeker and The Architect — and this section will govern those purchases. You will never be charged without confirming a purchase through your app store.
Once billing is enabled: the current price, billing period, tier features and any trial terms are shown before you confirm a purchase. If a card-required trial is offered, the subscription automatically renews at the displayed price when the trial ends unless you cancel through the relevant app store before the stated deadline. Subscriptions continue and renew until cancelled. Deleting the app does not cancel a subscription; cancel through your app store's subscription settings.
Apple or Google processes payment and manages cancellation and most refunds under their own store policies. Those store policies operate in addition to — and never instead of — your rights under the Australian Consumer Law. If the store cannot resolve a legally required remedy, contact us and we will.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill, be fit for any disclosed purpose, and be supplied within a reasonable time. For a major failure you are entitled to cancel the service and obtain a refund for the unused portion, or compensation for its reduced value; you are also entitled to compensation for other reasonably foreseeable loss or damage. For a failure that is not major, you are entitled to have it fixed within a reasonable time. Nothing in these Terms excludes, restricts or modifies those guarantees or any other right that cannot lawfully be excluded.
The Midnight Alchemist name, logo, brand identity, app design, and all content we create are our intellectual property. Your voice, your likeness and your journals remain yours; Ritual audio generated in your Voice Signature is for your personal use, as described in the Audio downloads section. The alchemical and Jungian concepts we build on are in the public domain. Nothing in these Terms restricts your right to engage with those ideas independently.
To the extent permitted by law, and subject always to the Australian Consumer Law section above, the Service is provided as available and we do not promise uninterrupted availability or that AI outputs will always be accurate or suitable. We are not responsible for loss caused by acting unreasonably on an AI output, misuse of another person's voice, your use or sharing of audio you have exported, or events outside our reasonable control.
Where liability can lawfully be limited, our aggregate liability is limited, at our option, to resupplying the relevant service or paying the cost of resupply or, if greater, the fees you paid for the Service in the 12 months before the event giving rise to the claim. This limitation does not apply where prohibited by law, including liability that cannot be excluded under the Australian Consumer Law.
You may stop using the Service, cancel a subscription through the app store, delete your Voice Signature, or delete your account. In-app and web request instructions are available on the account and data deletion page. We may restrict or suspend access where reasonably necessary for security, non-payment, abuse, law or a material breach, and will provide notice where practicable. Data is handled as described in the Privacy Policy.
These Terms are governed by the laws of New South Wales, Australia. Courts with lawful jurisdiction may hear a dispute. If consumer law in your home location gives you mandatory rights, these Terms do not remove them.
We may update these Terms as the Service and the law change. Each version carries an identifier (this is version 2026-07-22). We will give reasonable advance notice of material changes by email (if you are a registered user) or in the app, before they take effect. Changes do not apply retrospectively and never remove rights you have under the Australian Consumer Law. If you do not agree to a material change, stop using the Service and, once billing is enabled, cancel any subscription before the change takes effect; if a material change significantly reduces a paid feature mid-cycle, you may be entitled to a remedy under the Australian Consumer Law section above.
For any questions about these Terms: 3Men Pty Ltd (ABN 83 678 873 839) — support@themidnightalchemist.com