Terms of Service

Acceptance of these Terms

These Terms of Service ("Terms") are a binding agreement between you and Nocturne Labs, Inc. By creating a vault or using Nocturne, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the service.

Eligibility

You must be at least 16 years old to use Nocturne. If you use Nocturne in connection with an educational institution, you are responsible for ensuring your use complies with that institution's policies. Nocturne is offered in stages, including private beta features that may be limited or change.

Your account

You are responsible for the information you provide at sign-up and for all activity under your account. Keep your authentication credentials secure and notify us promptly of any unauthorized use.

Your vault and encryption

Nocturne encrypts your content under a key derived from a vault passphrase that only you know. This gives you complete control — and complete responsibility — over access to your data.

You are responsible for storing your Recovery Kit somewhere safe. We strongly recommend saving it the moment your vault is created.

Acceptable use

You agree not to:

• Use Nocturne for any unlawful purpose or in violation of applicable law
• Upload content you do not have the right to use, or that infringes others' rights
• Attempt to breach, probe, or circumvent the security or access controls of the service
• Reverse engineer, resell, or build a competing service from Nocturne, except as permitted by law
• Interfere with or disrupt the integrity or performance of the service

Your content

You retain all ownership of the content you upload. You grant Nocturne only the limited, revocable license necessary to store your encrypted blobs and provide the service to you. Because we cannot decrypt your content, we make no other use of it. We claim no rights to your content and will never sell it.

Academic integrity

Nocturne is a study aid that highlights likely-important material. It does not guarantee exam outcomes and is not a substitute for studying, attending class, or following your instructor's guidance. You are solely responsible for complying with your institution's academic integrity policies.

Subscriptions and billing

Nocturne offers a Free tier and paid plans. Paid subscriptions are billed in advance on a recurring basis through our payment processor and renew automatically until cancelled.

• You can cancel at any time; cancellation takes effect at the end of the current billing period
• Fees are non-refundable except where required by law
• We may change pricing with reasonable advance notice; changes apply to the next billing period

Beta features

Some features are offered on a beta basis and are provided "as is" without warranty. Beta features may change, break, or be removed at any time, and may carry usage limits.

Disclaimers

To the maximum extent permitted by law, Nocturne is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that keyword rankings will be accurate or complete.

Limitation of liability

To the maximum extent permitted by law, Nocturne and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or content rendered inaccessible due to a lost passphrase or Recovery Kit. Our total liability for any claim relating to the service will not exceed the greater of the amount you paid us in the twelve months before the claim or USD $100.

Termination

You may stop using Nocturne and delete your account at any time. We may suspend or terminate access if you breach these Terms or use the service in a way that risks harm to others or to the service. On termination, your encrypted content is deleted as described in our Privacy Policy.

Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in California, and you consent to their jurisdiction.

Changes to these Terms

We may update these Terms as the service evolves. We will provide notice of material changes before they take effect. Continued use after changes take effect constitutes acceptance.

Contact

Questions about these Terms can be sent to legal@nocturne.app.