Noctelle Refund & Cancellation Policy

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

This Refund & Cancellation Policy (this "Policy") explains how subscriptions to Noctelle are billed, renewed, and cancelled, and how refunds, duplicate charges, and payment disputes are handled. It is part of, and incorporated by reference into, the Noctelle Terms of Service (the "Terms" or "ToS"). Capitalized terms not defined here have the meanings given in the Terms. If anything in this Policy conflicts with the Terms, the Terms govern except as to the specific subscription, automatic-renewal, and refund matters described here, which this Policy governs.

Noctelle is operated by Odyssey Digital Technologies LLC, a California limited liability company, doing business as Noctelle ("Odyssey Digital Technologies LLC, d/b/a Noctelle," and referred to here as "Noctelle," "we," "us," or "the Company"). Noctelle is a subscription-based, adults-only (18+) AI-companion web application available at the Noctelle website (noctelle.xyz).

This Policy is designed to comply with the federal Restore Online Shoppers' Confidence Act, 15 U.S.C. §§ 8401–8405 ("ROSCA"), and the California Automatic Renewal Law, California Business & Professions Code §§ 17600–17606, as amended by Assembly Bill 2863 (the "CA ARL"), as well as other applicable consumer-protection laws.

Availability. Noctelle is not offered to, and may not be used by, visitors located in the European Union, the United Kingdom, or any U.S. state that mandates third-party age verification for sites that make available sexual material harmful to minors. Access from those locations is blocked. References in this Policy to consumer-protection regimes apply only where Noctelle is actually offered.

1. Subscriptions and Subscription Terms

1.1 Paid tiers and pricing

Noctelle offers three paid subscription tiers, charged in U.S. dollars on a monthly recurring basis:

The features included in each tier, and the price of each tier, are shown clearly and conspicuously at checkout before you subscribe. There is no minimum commitment beyond the current monthly billing period; you may cancel at any time as described in Section 2.

1.2 Automatic monthly renewal

Your subscription automatically renews each month. Unless and until you cancel, at the end of each monthly billing period your subscription will automatically renew for another month, and your payment method on file will be charged the then-current price for your tier, on a recurring basis, without further action by you. Automatic renewal continues until you cancel.

The recurring charge is the then-current price for your tier and may change as described in Section 7 (Price Changes). The renewal date is keyed to the date you first subscribed (or, after any change, the most recent renewal date).

1.3 Affirmative consent at signup (ROSCA / CA ARL)

Before your subscription begins, we present the automatic-renewal and continuous-service terms — including that the subscription continues until cancelled, the recurring charge amount and frequency, how to cancel, and a link to this Policy and to the Terms — clearly and conspicuously and in visual proximity to the request for your consent. We charge your payment method only after you have given affirmative consent to those terms (for example, by checking a consent box or clicking an "I agree and subscribe" button that is distinct from other terms). We do not pre-check any consent box.

1.4 Acknowledgment after enrollment (CA ARL)

After you enroll, we provide an acknowledgment that includes the automatic-renewal terms, information on how to cancel, and a way to retain the acknowledgment, delivered by confirmation email together with an on-screen confirmation. The acknowledgment restates the renewal terms, the cancellation method, and this cancellation policy.

1.5 Renewal and price-change reminders

At least once every year for so long as your subscription continues, we send you a reminder of your automatic-renewal terms and of how to cancel. Where the CA ARL or other applicable law requires additional or differently-timed reminders, we provide them as required. We also provide advance notice of any change to the recurring price as described in Section 7.

2. How to Cancel

You can cancel your subscription at any time, easily, and with minimal steps. Consistent with the click-to-cancel requirements of ROSCA and the CA ARL (Bus. & Prof. Code § 17602(c)), if you enrolled online you may cancel online, through the same medium you used to subscribe, without having to call, chat, or take any additional step beyond those described below. The cancellation path is no more burdensome than the path you used to sign up.

You may cancel by either of the following methods:

1. Through your account page (self-service / click-to-cancel). Log in, go to Account → Subscription (or Billing), and select Cancel Subscription.
2. By contacting us. Email us at [email protected] with a request to cancel from the email address associated with your account.

2.1 When cancellation takes effect; continued access

Cancellation stops future automatic renewals. Cancellation is effective at the end of your current billing period. You will not be charged again after you cancel (subject to any charge already in progress), and your access to paid features continues through the end of the period you have already paid for. When that period ends, the subscription will not renew and paid access will end.

Cancelling does not, by itself, delete your account or your data. To export or delete your account data, see the Noctelle Privacy Policy.

3. Refunds

3.1 Nature of the service

Noctelle is a digital service delivered electronically and consumed immediately and on an ongoing basis. AI-generated text, images, and voice are produced and made available to you in real time over the course of your billing period.

3.2 General policy

Except as set out in Sections 3.3–3.4 or as otherwise required by law, all charges are non-refundable, and we do not provide refunds or credits for partial billing periods, for time during which the service was available but unused, or for content already generated or delivered. When you cancel, you retain access through the end of the current paid period (Section 2.1) rather than receiving a refund of the unused portion.

A blanket "no refunds" statement does not override mandatory consumer-protection rights; the carve-out in Section 3.3 and the discretionary mechanism in Section 3.4 preserve those rights and our compliance with our payment processor's merchant rules.

3.3 Refunds required by law or by the payment processor

Nothing in this Policy limits any non-waivable refund or cancellation right you have under applicable law. Where a refund is required by applicable law, or by the rules of our payment processor, we will provide it, and we will honor mandatory cooling-off, withdrawal, or statutory cancellation rights that apply to you in your jurisdiction. Because Noctelle is not offered in the European Union or the United Kingdom, the EU/UK consumer-withdrawal regime does not apply (see Section 3.3.1); this does not affect any non-waivable right that applies where Noctelle is offered.

3.3.1 EU/UK withdrawal rights not applicable; mandatory local rights preserved

Noctelle is not sold or made available in the European Union or the United Kingdom, and access from those locations is blocked. Accordingly, the EU Consumer Rights Directive and UK Consumer Contracts Regulations 14-day right of withdrawal do not apply to subscriptions to Noctelle. To the extent you are nonetheless entitled to any mandatory, non-waivable consumer right under the law of your place of residence, nothing in this Policy limits that right.

3.4 Discretionary and pro-rated refunds

We may, in our sole discretion, grant refunds or pro-rated credits in individual cases (for example, verified service outages, demonstrable billing errors, or other good-faith circumstances), and we will provide pro-rated refunds where legally required. Granting a refund in one case does not obligate us to do so in any other case. To request a discretionary refund, contact us at [email protected].

4. Duplicate and Erroneous Charges

If you believe you were charged in error — for example, a duplicate charge, a charge after a valid cancellation, or a charge in the wrong amount — please contact us at [email protected] with the date, amount, and the billing descriptor that appears on your statement (see Section 6). We will investigate promptly and, where we confirm a genuine duplicate or erroneous charge, refund or reverse the incorrect amount. Because our payment processor is the biller of record (Section 6), some corrections are processed through the processor.

5. Chargebacks and Payment Disputes

If you have a billing concern, please contact us first at [email protected] so we can resolve it quickly. Most issues — including duplicate or erroneous charges — can be fixed directly and faster than through a bank dispute, and we encourage you to give us the chance to make it right.

You always retain the right to dispute a charge with your bank or card issuer under applicable law, and this Policy does not penalize or restrict that right. If you do open a dispute, we may share with the payment processor records of your enrollment, affirmative consent, usage, and these policies so that the dispute can be assessed accurately, and we reserve the right to contest disputes we believe are unwarranted. Nothing in this Section limits any right you have to dispute a charge with your financial institution.

6. Billing, Payment Processor, and Statement Descriptor

Payments are processed by a third-party payment processor, acting as the merchant of record / biller of record. Noctelle does not collect or store full payment-card numbers; card data is handled by the payment processor under its own terms and privacy practices.

Because the payment processor is the biller of record, the charge on your card or bank statement will appear under the processor's billing descriptor, not necessarily as "Noctelle." The exact descriptor is set by our payment processor and is shown to you at checkout.

The billing descriptor that will appear on your statement is the billing descriptor shown at checkout and on your receipt. Disclosing the descriptor here, and at checkout, helps you recognize the charge and reduces "I don't recognize this charge" disputes.

7. Price Changes

We may change subscription prices and the contents of tiers. If we change the recurring price that applies to your subscription, we will provide advance notice — by email at least 30 days before the change takes effect — and the new price will apply only to renewals occurring after the notice period. This notice satisfies the CA ARL notice-of-material-change requirements (Bus. & Prof. Code § 17602). If you do not agree to a price change, you may cancel before the change takes effect, as described in Section 2; continued use after the effective date constitutes acceptance of the new price.

8. Free Tier; No Free Trials or Promotions

Noctelle does not offer free trials or introductory promotional periods. Noctelle does offer an ongoing free tier: a permanently $0 plan with limited quotas and features. The free tier is not a trial and never automatically converts to a paid, charged subscription — you are charged only if you separately and affirmatively subscribe to a paid tier under Section 1.3. Because the free tier is a perpetual $0 plan rather than a promotional or trial period, the trial-to-paid conversion and promotional-reminder obligations of the CA ARL do not apply to it. If this changes in the future, this Policy will be updated and any trial or promotional terms will be disclosed clearly and conspicuously at signup, including the conversion date, the first charge, and how to cancel before conversion.

9. Cross-Reference to the Terms of Service

This Policy supplements and is incorporated into the Noctelle Terms of Service. The Terms govern your overall use of Noctelle, including eligibility (18+ only), acceptable use, content rules, account suspension and termination, disclaimers, limitation of liability, and dispute resolution. Please read this Policy together with the Terms and the Privacy Policy.

10. Governing Law

This Policy is governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules, and disputes are subject to the venue and dispute-resolution provisions of the Terms of Service.

11. Contact

Questions about this Policy, cancellations, refunds, or billing:

• Email: [email protected]
• Operator: Odyssey Digital Technologies LLC, d/b/a Noctelle
• Mailing address: 1011 El Cajon Blvd, Unit 9, El Cajon, CA 92020, USA