18 U.S.C. § 2257 Exemption / Compliance Statement

Version 2026-06-27 Effective date: June 27, 2026 Last updated: June 27, 2026

1. Who we are

Noctelle is operated by Odyssey Digital Technologies LLC, a California limited liability company, doing business as Noctelle ("Noctelle," "we," "us," or "the Company"). Noctelle is a subscription-based, adults-only (18+) AI-companion service available at the Noctelle website (noctelle.xyz). This statement applies to all visual depictions, and to any synthesized voice, that appear on, or are generated by, the service.

Access controls. Noctelle restricts access by geography and by a self-attestation age gate. The service is blocked entirely — no signup and no use — for visitors in (a) any U.S. state that mandates third-party age verification for sites carrying sexual material harmful to minors, and (b) the European Union and the United Kingdom. Everywhere the service is offered, users must affirm they are 18 or older before entering. Noctelle does not currently use a certified third-party age-verification vendor; the geoblock plus self-attestation age gate are the controls that actually exist today.

2. Exemption position: no actual human being is depicted

With respect to all visual depictions, and any synthesized voice, appearing on or generated by the service:

Every depiction is wholly computer-generated and/or AI-generated. Each is synthetic media produced by automated generation systems.
No depiction portrays any actual human being. There are no real performers, models, or actors. Noctelle does not photograph, film, or record real people, and no real person performs in any depiction on the service.
No synthesized voice is the voice of any actual, identifiable person. Companion voices are generated by text-to-speech systems and are not recordings or clones of a real individual's voice.

Because these depictions do not portray an actual human being engaged in actual sexually explicit conduct, they do not constitute "actual sexually explicit conduct" as defined in 18 U.S.C. § 2256. Accordingly, Noctelle takes the position that the producer record-keeping, labeling, and inspection requirements of 18 U.S.C. §§ 2257 and 2257A, and their implementing regulations at 28 C.F.R. Part 75, do not apply to the wholly synthetic depictions on or generated by the service. This exemption is grounded in 28 C.F.R. § 75.7, which addresses material that does not portray actual human beings (i.e., the material is exempt from the producer record-keeping regime).

Scope and limits of this exemption. This exemption is limited to producer record-keeping under §§ 2257/2257A and 28 C.F.R. Part 75. It is not a license to publish unlawful content. In particular, the exemption does not:

exempt any content from federal or state obscenity law; or
exempt any content from statutes addressing virtual or AI-generated child sexual abuse material, including the federal PROTECT Act (e.g., 18 U.S.C. §§ 1466A, 2252A) and California law (AB 1831 and SB 1381), which reach computer-generated or AI-generated depictions of minors.

Noctelle's generation policy is designed to keep all generated material outside these covered categories, and any depiction or sexualization of a minor — real or synthetic — is strictly prohibited and hard-blocked (see Section 3).

User uploads of real explicit imagery. The blanket "no real person" exemption covers material Noctelle generates. It does not cover real, photographic explicit imagery a user might attempt to upload. Consistent with Noctelle's upload policy, uploads of real explicit imagery are blocked, and the service does not knowingly host real-person explicit photographs or recordings. Any covered real-person explicit material that bypassed controls would fall outside this exemption and is removed under Sections 3 and the takedown procedures referenced therein.

Although the generated material is exempt, Noctelle posts this public exemption/compliance statement and designates a Custodian of Records (Section 4) so that the statement is complete.

3. Prohibited content and technical controls

The exemption above rests on the fact that the service depicts only synthetic, non-real subjects. To maintain that posture, Noctelle prohibits and technically blocks the following, regardless of any user request:

Real, identifiable persons. Generating or depicting the likeness of any real, identifiable person is prohibited and hard-blocked.
Non-consensual intimate imagery (NCII). Prohibited and hard-blocked, with a fast-path removal process for any report (see the notice-and-removal commitment below).
Sexual deepfakes of real people. Prohibited and hard-blocked, including AI-generated "digital forgeries" of identifiable real people.
Uploads of real explicit imagery. Blocked; the service does not knowingly host real-person explicit photographs or recordings.
Minors. Any depiction or sexualization of a minor — real or synthetic — is strictly prohibited and hard-blocked. The service is 18+ only and is gated accordingly.

These prohibitions are enforced by an audited content-policy system that records policy events for review.

Child sexual abuse material (CSAM). CSAM is strictly prohibited and removed immediately on detection. Suspected CSAM is preserved and reported to the National Center for Missing & Exploited Children (NCMEC) as required by 18 U.S.C. § 2258A, and the associated material is preserved for at least 90 days as provided under that statute.

Notice and removal of NCII (TAKE IT DOWN Act). Consistent with the federal TAKE IT DOWN Act, Noctelle removes validly reported non-consensual intimate imagery — including AI-generated "digital forgeries" depicting identifiable real people — within 48 hours of a valid request, and makes reasonable efforts to identify and remove identical copies. A valid removal request should include: (1) a physical or electronic signature of the depicted individual or an authorized representative; (2) identification of, and information reasonably sufficient to locate, the reported imagery; (3) a good-faith statement that the imagery is nonconsensual; and (4) contact information for the requester. A clear, conspicuous reporting channel is available through the contact in Section 5 and through the in-product reporting tools.

Re-upload prevention. Noctelle blocks re-uploads of removed material using exact-match (SHA-256) hash-blocking, which is live today. Perceptual / near-duplicate matching (e.g., PhotoDNA, StopNCII) is on the roadmap and is not represented as currently deployed.

4. Custodian of Records

Even though the generated material is exempt, Noctelle designates the following Custodian of Records:

Custodian of Records: Mohmad Arab (founder) Mailing address: 1011 El Cajon Blvd, Unit 9 El Cajon, CA 92020 USA

5. Effective date and contact

This statement is effective upon publication (Version 2026-06-27) and was last updated June 27, 2026.

Questions about this statement, or reports of content that may violate the prohibitions in Section 3 (including NCII removal requests), may be directed to:

Email: [email protected]

Odyssey Digital Technologies LLC, d/b/a Noctelle. This statement is provided for transparency and does not constitute an admission that any record-keeping obligation applies.