Terms of Service

Welcome to Nocturne AI LLC ("we," "us," or "our"). By accessing or using any of our services, products, or platforms (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

Our Services include:

• Nexus Memory - AI memory management Chrome extension
• Nocturne Fiction - Serial fiction and content platform
• Aura - Brand psychology GPT
• HeartLogic - Emotional AI systems
• Associated websites and applications

If you do not agree to these Terms, do not use our Services.

2.1 Age Requirements

• You must be at least 13 years old to use our Services
• Users between 13-17 must have parental consent
• Some Services may have higher age requirements

2.2 Account Responsibility

• You are responsible for maintaining account security
• You must provide accurate information
• One person per account (no sharing credentials)
• You are liable for all activities under your account

3.1 Grant of License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or commercial purposes, subject to these Terms.

3.2 Restrictions

You agree NOT to:

• Reverse engineer, decompile, or disassemble any Service
• Remove copyright or proprietary notices
• Use Services for illegal or unauthorized purposes
• Interfere with or disrupt Services or servers
• Attempt to gain unauthorized access to any Service
• Use automated systems to scrape or extract data
• Resell or redistribute Services without permission

4.1 Browser Extension

• Nexus Memory operates as a Chrome browser extension
• Requires permissions to access AI platform websites
• All data is stored locally in your browser (IndexedDB)
• You maintain full ownership of your conversation data

4.2 Data Storage and Backup

• You are responsible for backing up your memory data
• We are not liable for data loss due to browser issues
• Export functionality provided for data portability
• Data retention is controlled by your browser settings

4.3 Third-Party Platform Compatibility

• Nexus Memory integrates with third-party AI platforms
• We are not affiliated with Claude, OpenAI, Google, or Perplexity
• Third-party platforms may change without notice
• We do not guarantee continuous compatibility

5.1 Subscription Plans

• Some Services offer free and paid subscription tiers
• Pricing and features are subject to change with notice
• Payment processed through secure third-party providers
• All fees are in USD unless otherwise stated

5.2 Billing and Renewal

• Subscriptions automatically renew unless cancelled
• You authorize recurring charges to your payment method
• Price changes will be communicated 30 days in advance
• No refunds for partial subscription periods

5.3 Cancellation

• Cancel anytime from account settings
• Access continues until end of billing period
• No refunds for unused time after cancellation
• Data may be deleted after subscription ends

5.4 Refund Policy

• Refunds evaluated on case-by-case basis
• No refunds for voluntary cancellations
• Technical issues may qualify for prorated refunds
• Refund requests must be submitted within 30 days

6.1 Ownership

You retain all rights to content you create, upload, or store using our Services ("User Content"). We do not claim ownership of your User Content.

6.2 License Grant

By using our Services, you grant us a limited license to:

• Store and process your content to provide Services
• Create backups for service reliability
• Use aggregated, anonymized data for improvements
• Display content as necessary for service functionality

6.3 Content Restrictions

You agree NOT to post or store content that:

• Violates laws or regulations
• Infringes intellectual property rights
• Contains malware or malicious code
• Harasses, threatens, or harms others
• Contains explicit adult content (without age verification)
• Promotes illegal activities or violence

7.1 Our Rights

All Services, including software, designs, algorithms, trademarks, and content, are owned by Nocturne AI LLC or licensed to us. This includes:

• Nexus Memory architecture and algorithms
• Executive Control System (ECS) technology
• Hallucination Risk & Factual Verification (HRVF) system
• All branding, logos, and trade names
• Research papers and technical documentation

7.2 Patents and Trade Secrets

• Patent-pending technologies are proprietary
• Reverse engineering is strictly prohibited
• Trade secrets are protected under applicable law
• Unauthorized use may result in legal action

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

8.1 Key Privacy Principles

• Local-first data storage (Nexus Memory)
• No sale or sharing of personal data
• Enhanced protections for emotional AI data
• User control over data deletion and export

8.2 Data Security

• Industry-standard encryption and security measures
• Regular security audits and monitoring
• Incident response and breach notification procedures
• You are responsible for account security

9.1 AS-IS Service

SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

9.2 No Guarantees

We disclaim warranties including but not limited to:

• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content
• Fitness for a particular purpose
• Non-infringement of third-party rights
• Security from viruses or malicious code

9.3 AI Systems Disclaimer

• AI systems may produce inaccurate information
• Nexus Memory improves but does not eliminate hallucinations
• Users should verify critical information independently
• We are not liable for AI-generated content accuracy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOCTURNE AI LLC SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, or consequential damages
• Lost profits, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content
• Unauthorized access to your data

Maximum Liability: Our total liability for any claim shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Nocturne AI LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your User Content or conduct
• Unauthorized use of your account

12.1 By You

• You may terminate your account at any time
• Export data before termination (may be deleted)
• No refunds for remaining subscription period

12.2 By Us

We may suspend or terminate your access if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Required by law or legal process
• Service is discontinued

12.3 Effect of Termination

• Access to Services immediately revoked
• Outstanding fees remain due
• Certain provisions survive termination (liability, indemnification)
• Data may be retained as required by law

13.1 Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles.

13.2 Informal Resolution

Before filing a legal claim, you agree to attempt informal resolution by contacting us at: support@nocturneai.net

13.3 Venue and Jurisdiction

• Exclusive venue: Courts of Texas
• You consent to personal jurisdiction in Texas
• Waive objections to venue or inconvenient forum

13.4 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions, class arbitrations, or representative actions.

14.1 Right to Modify

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

• Email notification to registered users
• Prominent notice on our website
• In-app notification where applicable

14.2 Acceptance of Changes

• Changes effective after 30-day notice period
• Continued use constitutes acceptance
• If you disagree, discontinue use before effective date
• Material changes may require explicit consent

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms, constitute the entire agreement between you and Nocturne AI LLC.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

15.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

• You may not assign these Terms without our consent
• We may assign or transfer these Terms freely
• Terms bind successors and assigns

15.5 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control, including natural disasters, pandemics, wars, or technical failures.

For questions about these Terms, contact us at: