Terms of Service

Last updated: [DATE IN FORCE] · Version [1.0]

1. The agreement

These terms are an agreement between you and [LEGAL ENTITY NAME], [REGISTERED ADDRESS] ("Nocturne", "we", "us"). They cover the website at nocturne.host, the customer portal at app.nocturne.host and the Nocturne desktop app (together, "the service").

You accept these terms when you create an account, redeem an activation key or use the service. If you accept on behalf of an agency or other business, you confirm you are allowed to bind it, and "you" means that business as well as you.

Our Privacy Policy explains how we handle personal data. [Agencies: our Data Processing Agreement forms part of these terms.]

2. Who can use Nocturne

• You must be 18 or older, and old enough to make a binding contract where you live.
• You may use Nocturne only for creators who are 18 or older, who have agreed to you or your agency writing messages on their behalf, and whose accounts you are authorised to run. Agencies confirm this to us in writing before we set them up. Solo customers confirm it in the app for each creator they add. Do not add a creator you have not confirmed.
• Nocturne is a tool for professional work. [If you buy as a consumer, the consumer rights in sections 7 and 15 apply to you.]

3. What Nocturne does

• Nocturne writes suggested replies ("drafts") for chatters, based on the fan's messages, the creator profile and the notes and instructions you give it. It can also read a part of your screen you select, translate, and keep notes about fans.
• You press send, every time. Nocturne only puts text on your clipboard or into the field you are typing in. It never connects to, logs into or sends messages on any platform. Every message that reaches a fan is your decision and your responsibility.
• Drafts are written by AI and can be wrong, off-tone or inappropriate. Read every draft before you use it.
• Nocturne checks drafts against content rules (for example no minors, no meeting in person, no off-platform payments, no false claims about content), and drafts that break them are rewritten or replaced before they reach you. These checks reduce risk. They do not guarantee that a draft complies with the law or with any platform's rules, and they do not check text you write or change yourself.

4. Accounts and activation keys

• Access is only by activation key, issued by us. There is no free trial.
• Agency keys let a chatter join a client agency. Solo keys create a one-person agency, owned by whoever redeems the key.
• Each seat works on one PC. The first PC you sign in on in the app is locked to your seat. Moving to another PC needs approval from our staff.
• Keep your password, keys and recovery codes secret. Do not share a seat between people or PCs. Tell us at once if you think someone else has access.
• Agency owners and admins must turn on two-factor sign-in.
• An agency is responsible for everything done under its keys and seats, including by its chatters.

5. Plans and payment

• Our plans, their prices, monthly draft limits, number of creator profiles and features are shown on nocturne.host or in the order we send you. Prices are in euros. [Prices include / exclude VAT.]
• A "draft" is one generation (a set of suggested replies), one rewrite or one screen capture read.
• When you reach your plan's monthly draft limit, drafting stops until the limit resets on the 1st of the next month or you change plans. We do not charge for extra use.
• You pay in advance, by invoice or in cryptocurrency, for the period your key covers. We send your key once payment arrives. For crypto payments, the amount due is the euro price at the time of the invoice, and you pay any network fees.
• Features shown as part of a higher plan (for example sexting mode on Half Moon and up) are available only on that plan.
• We may change prices for future periods. A change never affects a period you have already paid for.

6. When your plan ends

• Every plan and seat has an end date, shown in the portal. Your plan stops at its end date. There is no grace period and no automatic renewal.
• To keep going, pay for a new period before the end date. We will extend your plan or send a new key. If your plan has already ended, the new period starts from the day we extend it.
• When a plan ends, the app stops drafting. Your account, creator profiles and fan library are kept for [30 days] so you can renew without losing them, then deleted as described in the Privacy Policy.

7. Refunds

• Payments are for a fixed period and are not refundable once your key has been redeemed, except as set out here or where the law requires it.
• If an activation key has not been redeemed, you can ask for a full refund within 14 days of payment.
• If we end your plan without you having broken these terms (for example because we stop offering Nocturne), we refund the unused part of the period you paid for.
• If we suspend or end your access because you broke these terms, you get no refund.
• Crypto refunds are paid in euros' worth of the same currency, to an address you give us, at the rate on the day of the refund. [Or: in EUR by bank transfer.]
• [Consumers in the EU/UK: you have 14 days from purchase to withdraw. By asking us to start your plan within that time, you agree that you must pay for the part you used, and that you lose the right to withdraw once the plan has been fully provided.]

8. Acceptable use

You must not use Nocturne, or any draft it writes, to:

• produce, request or share anything sexual involving anyone under 18, or that suggests a person is under 18, including role-play and references to past ages;
• produce content about non-consent, incest or family role-play, bestiality, or real people other than the creator you work for;
• arrange, promise or hint at meeting in person;
• move fans to off-platform payment or contact;
• mislead fans about content: say content is new, unreleased or exclusive when it is not, describe acts that the content does not contain, or promise customs, live sessions or rewards that cannot be delivered;
• pressure, threaten or exploit fans, or keep selling to a fan who appears to be in distress;
• impersonate a creator who has not authorised you, or run an account you are not authorised to run;
• break any law, including laws on consumer protection, fraud, harassment, privacy and data protection;
• scrape or collect data from any platform, or use Nocturne to build or train a competing product or AI model;
• get around our content rules, draft limits, PC lock or plan features, or share, resell or sublicense keys or seats without our written agreement;
• copy, decompile, reverse engineer or tamper with the app or service, except where the law allows it;
• probe, overload or attack the service, or access data that is not yours.

We may report content involving the sexual abuse of minors to the authorities.

9. Platform rules

• You must follow the terms, acceptable use policies and rules of every platform you chat on. These rules change, and they apply to every message you send, whether you wrote it or Nocturne drafted it.
• The summaries of platform rules shown in the app are a convenience, not the platforms' own text and not legal advice. The platforms' official terms always apply.
• The creator remains responsible to the platform for what is sent from their account. A platform can suspend an account or hold earnings because of a message you sent. We are not responsible for any action a platform takes, including bans, suspensions, held earnings or chargebacks.

10. Your content

• You keep all rights in what you put into Nocturne (profiles, notes, messages, playbooks and snippets) and in the drafts it writes for you.
• You give us permission to store and process that content only as needed to run the service for you, keep it secure and apply our content rules. We do not sell it or use it to train AI models.
• You are responsible for having the right to use the content you put in, including a lawful basis for any personal data about creators and fans. Do not put in more personal data than you need, and never put in passwords, payment details or ID documents.
• Fan messages and notes may be sensitive. Agencies act as the controller of that data, and we process it for them under our [Data Processing Agreement].
• If you send us feedback or ideas, we may use them without owing you anything.

11. Our software

• While your plan is active, we give you a personal, non-exclusive, non-transferable right to use the app and the service for your own or your agency's work under these terms.
• Nocturne, its software, design, content rules and name belong to us or our licensors. These terms give you no other rights in them.
• The app updates itself. Some updates may be required to keep using the service.
• The Windows installer is not code-signed, so Windows may show a warning. Only download the app from app.nocturne.host.

12. Availability and changes

• We aim to keep Nocturne available, but we do not promise it will be uninterrupted or error-free. We may pause the service or individual features (for example screen reading, sexting mode, translation or Best quality) for maintenance, security or safety reasons.
• We may change or improve the service. If we remove a core feature of your paid plan during a period you have paid for, you can ask for a refund of the unused part of that period.

13. Suspension and termination

• You can stop using Nocturne at any time. Your plan then ends at its end date. Section 7 covers refunds.
• We may suspend or end your access, or a seat, at once if you seriously or repeatedly break these terms, break section 8, put us or others at legal risk, do not pay, or if the law requires it. Where it is reasonable, we will tell you first and give you a chance to fix the problem.
• We may stop offering Nocturne with at least [30 days'] notice, and will refund unused prepaid periods.
• Sections 9, 10, 11 (ownership), 14, 15, 16, 17 and 18 continue after the agreement ends.

14. Disclaimers

To the extent the law allows, the service is provided "as is" and "as available". We do not promise that drafts will be accurate, effective, suitable for any purpose, compliant with any platform's rules, or that they will increase sales or earnings. Nothing in Nocturne, including the platform-rule summaries, is legal advice.

15. Limitation of liability

• Nothing in these terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, or for fraud. [Consumers keep their statutory rights.]
• Subject to that, we are not liable for loss of profits, revenue, earnings or business, for account suspensions, held earnings or chargebacks by any platform or fan, for lost data you could have kept a copy of, or for any indirect or consequential loss.
• Our total liability to you for all claims in any 12 months is limited to the amount you paid us in those 12 months.

16. Indemnity

If you use Nocturne for business, you will cover our reasonable losses and costs from any claim by a creator, fan, platform or authority arising out of messages you sent, content you put into Nocturne, or your breach of these terms or the law.

17. Governing law

These terms are governed by the laws of [COUNTRY]. The courts of [CITY, COUNTRY] have jurisdiction. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and may bring a claim there.

If you have a complaint, please write to us first at [email protected] so we can try to fix it.

18. General

• Changes to these terms. We may update these terms. We will tell you about important changes by email or in the app at least [14 days] before they take effect. If you keep using Nocturne after that, the new terms apply. If you do not agree, you can stop using it and section 7 covers refunds.
• Transfer. You may not transfer this agreement without our written consent. We may transfer it to a company that takes over Nocturne.
• Whole agreement. These terms, the Privacy Policy, [the Data Processing Agreement] and any order we send you are the whole agreement between us. If an order conflicts with these terms, the order wins.
• Severability. If a part of these terms is found invalid, the rest still applies.
• No waiver. If we do not enforce a right straight away, we can still enforce it later.
• Events outside our control. We are not responsible for delays or failures caused by events we cannot reasonably control, including outages at our providers.
• Notices. We send notices to the email on your account. Send yours to [email protected].

Contact: [LEGAL ENTITY NAME], [REGISTERED ADDRESS], [email protected].