Noctelle — Terms of Service

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

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "user") and Odyssey Digital Technologies LLC, d/b/a Noctelle, a California limited liability company ("Noctelle," "we," "us," or "the Company"), governing your access to and use of the Noctelle website (noctelle.xyz) and the related applications, features, and services (collectively, the "Service").

Please read these Terms carefully. They include an arbitration agreement and a class-action waiver in Section 18 that affect how disputes are resolved, and they describe auto-renewing paid subscriptions in Section 8. By creating an account, completing the age gate, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms incorporate by reference the Privacy Policy, the Refund & Cancellation Policy, the Complaints & Content Removal Policy, and the 2257 Exemption Statement, each of which is available on the Service.

1. Acceptance & Eligibility (Adults Only — 18+)

1.1 Adults-only service. The Service is an adults-only (18+) product intended solely for adults. It is not directed to and may not be used by anyone under 18 years of age (or the age of majority in your jurisdiction, if higher).

1.2 Age representation. By accessing or using the Service, you represent and warrant that you are at least 18 years old (or the age of majority where you reside, if higher), that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under any applicable law.

1.3 Age gate and geographic controls. Access is preceded by a self-attestation age gate in which you confirm you are at least 18 years old (or the age of majority where you reside, if higher). In addition, Noctelle blocks the entire Service — no signup or use — for visitors located in jurisdictions where we do not offer the Service, including any U.S. state that mandates age verification for sites with sexual material harmful to minors and, for now, the European Union and the United Kingdom (see Section 9). We do not currently use a third-party age-verification vendor. You agree to provide accurate information at the age gate, and you acknowledge that we may suspend or deny access if we cannot reasonably establish your eligibility. These controls are described further in the Privacy Policy.

1.4 Acceptance of all incorporated policies. By agreeing to these Terms you also agree to the Privacy Policy, the Refund & Cancellation Policy, the Complaints & Content Removal Policy, and the 2257 Exemption Statement.

1.5 Authority. If you use the Service on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to both you and that entity. The Service is intended for personal, non-commercial use by individual adults.

2. Description of the Service

2.1 What Noctelle is. Noctelle is a subscription-based, adults-only AI-companion web application. Users interact ("chat") with AI personas, and the Service generates AI text, AI images, and AI voice in response.

2.2 Wholly AI-generated, fictional content. All companion content is wholly AI-generated and does not depict, and is not intended to depict, any real, identifiable human being. The personas are fictional. There are no real performers, models, or persons behind the companions. Names, images, voices, personalities, and statements produced by the Service are fictional and computer-generated.

2.3 Not real, not advice, may be inaccurate. The Service is provided for entertainment and companionship. AI-generated output can be inaccurate, incomplete, offensive, or otherwise unreliable, and does not constitute professional advice of any kind (see Section 7). Companions are not real people, are not licensed professionals, and cannot form real relationships, make promises, or take real-world actions on your behalf or anyone else's.

2.4 Changes to the Service. We may add, modify, suspend, or discontinue any part of the Service at any time, including personas, features, models, and content limits, subject to the billing and notice provisions in Section 8 and applicable law.

3. Account Registration & Security

3.1 Account creation. You may need to create an account to use parts of the Service. You agree to provide accurate, current, and complete information and to keep it updated.

3.2 Credentials and security. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You agree to use a strong, unique password and to notify us promptly at the contact address in Section 20 if you suspect any unauthorized access or use.

3.3 One person, one account. Accounts are personal to you. You may not share, sell, transfer, or sublicense your account, and you may not let any other person — and in particular any person under 18 — use your account or access the Service through your device or credentials.

3.4 Accuracy and consequences. Providing false information (including false age or identity information), or circumventing the age gate or any access control, is a material breach of these Terms and may result in suspension or termination under Section 11.

4. Acceptable Use & Prohibited Conduct

4.1 General standard. You may use the Service only for lawful purposes and in accordance with these Terms. The Service is for consenting adults and lawful, fictional, adult companion content only.

4.2 Hard-blocked and strictly prohibited content and conduct. Noctelle operates an audited content-policy system that hard-blocks the categories below. You must not create, request, generate, upload, transmit, solicit, or attempt to elicit any content, prompt, persona, image, audio, or other material that involves:

• (a) Child sexual abuse material (CSAM) or any sexualization of minors. Any sexual or sexualized content depicting, describing, implying, or designed to appear to involve a minor (any person under 18), real or fictional, including "age-play," "barely legal," youth-coded, or minor-relative framings, and any attempt to evade age detection. There is zero tolerance. Suspected CSAM is removed from serving immediately on detection, preserved as required by law (including the 90-day preservation of reported content and related data under 18 U.S.C. § 2258A), and reported to the National Center for Missing & Exploited Children (NCMEC) via the CyberTipline, and the responsible account is terminated.
• (b) Real-person likeness. Content that depicts, generates, or is intended to depict the likeness, voice, name, or identity of any real, identifiable person (including public figures and celebrities) without documented consent. The Service generates fictional companions only. You must not submit, upload, or supply any photograph, voice recording, voice sample, or other biometric or likeness sample of any real person — including yourself or any third party — for the purpose of creating, training, cloning, or driving a companion's appearance or voice.
• (c) Non-consensual intimate imagery (NCII). Intimate or sexual imagery of any real person created or shared without that person's consent.
• (d) Sexual deepfakes of real people. Sexual or intimate depictions of real, identifiable people generated or manipulated by any means; these are treated as NCII and/or prohibited real-person likeness, not as permissible "fictional content."
• (e) Other illegal content or conduct. Content or conduct that is otherwise illegal, including content depicting non-consent (e.g., rape or coercion presented as real), sexual exploitation, human trafficking, sextortion, or that facilitates any crime.
• (f) Harassment and hate. Harassment, threats, stalking, doxxing, or content that incites violence or hatred against people based on protected characteristics.
• (g) Scraping and abuse of the Service. Scraping, crawling, harvesting, or bulk-extracting content or data; reverse engineering or circumventing the content-policy system, age gate, rate limits, or other technical controls; introducing malware; automated or excessive use; or any attempt to disrupt, overload, or gain unauthorized access to the Service or its infrastructure.

4.3 No circumvention. You must not attempt to defeat, bypass, or "jailbreak" the safety and content controls, or use obfuscation (including coded language, misspellings, homoglyphs, or staged multi-turn prompts) to elicit prohibited content. Attempts to do so are themselves prohibited conduct.

4.4 Reporting. If you encounter prohibited content or conduct, please report it through the in-app abuse reporting tool or as described in the Complaints & Content Removal Policy.

4.5 Consequences. Violations may result in immediate content removal, restriction, suspension, or termination of your account (Section 11), forfeiture of fees as permitted by the Refund & Cancellation Policy and applicable law, preservation and disclosure of records, and referral to law enforcement and/or NCMEC where required. We maintain an append-only audit trail of policy-relevant actions for compliance and legal response. We may take these actions without prior notice where we deem it necessary, including to comply with law or protect users or third parties.

4.6 Obscenity, lawful adult content, and platform posture. The Service is intended to generate and exchange lawful, fictional, adult content only. You must not use the Service to create, request, or distribute material that is obscene or otherwise unlawful under applicable federal, state, or local law, and you are responsible for ensuring that your use is lawful where you are located (see Section 9.3). To the extent the Service displays, transmits, or makes available content provided by users or other third parties, Noctelle is a provider of an interactive computer service and is entitled to the protections of Section 230 of the Communications Decency Act (47 U.S.C. § 230), including for good-faith moderation decisions. Our exercise of editorial and moderation discretion does not make us the author of user-supplied content, and we do not waive any defense or immunity available to us.

5. User-Submitted Content

5.1 Your content. "User Content" means any text, prompts, images, audio, persona configurations, or other material you submit to, upload to, or create with the Service.

5.2 Your responsibility and representations. You are solely responsible for your User Content. You represent and warrant that you own or have all rights necessary to submit it, that it does not infringe or violate any third party's intellectual property, privacy, publicity, or other rights, and that it does not violate Section 4 or any applicable law.

5.3 License you grant. You grant Noctelle a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, adapt, and display your User Content solely to the extent necessary to operate, secure, and maintain the Service for you — namely, to generate companion responses and derived "memory," to run safety screening and content moderation, to enforce these Terms and our content policies, and to comply with law. We may share your User Content only with the third-party processors named in the Privacy Policy (such as our LLM, voice, image-generation, email, and hosting providers) acting on our behalf for these purposes. Noctelle does not use your conversations, voice, or images to train or fine-tune AI models. This license is not sublicensable except to those named processors, and it ends when your User Content is deleted from active systems, except as described in Sections 5.4 and 5.5 and the Privacy Policy, and except for content we are required to preserve by law.

5.4 Conversation retention and automatic deletion. Noctelle retains only the 5 most-recent conversations per companion. When you start a new conversation beyond that limit, the oldest conversation and its messages are permanently deleted. Derived "memory," any generated media, and the compliance/audit trail are preserved as described in the Privacy Policy. You should not rely on the Service as a permanent archive of your conversations.

5.5 Retention after deletion. Subject to the Privacy Policy, when content is deleted we may retain a content sha256 hash (and, where legally required, preserved evidence) for legal-hold and takedown-matching purposes. We do not retain deleted content beyond what these Terms, the Privacy Policy, or applicable law allow.

5.6 No obligation to monitor; right to moderate. We are not obligated to monitor User Content but may review, screen, moderate, remove, or restrict any content at our discretion, including through automated systems, to enforce these Terms and applicable law.

6. Intellectual Property

6.1 Our rights. The Service, including its software, models, designs, text, graphics, persona templates, trademarks, and the "Noctelle" name and logos, is owned by or licensed to the Company and is protected by intellectual property and other laws. Except for the limited license granted to you in Section 6.2, no rights are granted to you.

6.2 License to you. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.

6.3 AI-generated output. As between you and us, and subject to the rights of any underlying model or content provider and to applicable law, we do not claim ownership of the AI-generated text, images, or audio that the Service produces for you in the ordinary course of your use, and we make no representation that such output is protectable or free of third-party rights. You remain bound by Section 4 regardless of any ownership.

6.4 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

7. AI-Output Disclaimer

7.1 Fictional and possibly inaccurate. All companion output is AI-generated and fictional. It may be inaccurate, misleading, incomplete, inconsistent, or offensive. It does not reflect the views of the Company, real events, or real people, and you should not rely on it as factual.

7.2 Not professional advice. The Service does not provide professional advice of any kind, including medical, mental-health, legal, financial, tax, or other professional advice. Nothing produced by a companion is a substitute for a qualified professional. Do not use the Service for emergencies. If you are in crisis or thinking about harming yourself or others, contact your local emergency services or a crisis hotline immediately. In the United States, you can call or text the 988 Suicide & Crisis Lifeline (dial 988) at any time.

7.3 No reliance. You acknowledge that companions are fictional, are not real people, and cannot form real relationships or make real commitments, and you assume all risk arising from your reliance on any AI-generated output.

7.4 AI, not a human (persistent disclosure). Every companion is an artificial intelligence, not a human being. Consistent with California SB 243, the Service provides a clear and conspicuous disclosure that you are interacting with AI and not a human, and this disclosure persists during your interactions — including during realtime voice calls, where you are notified that the voice is AI-generated. No real person reads, speaks, or responds as a companion in the ordinary operation of the Service.

7.5 Responsibility for AI output and platform posture. AI output is generated probabilistically in response to your inputs and the inputs of others, and it does not represent the views of the Company. To the extent any output or user-supplied content is unlawful, Noctelle's role as a provider of an interactive computer service and its protections under Section 230 of the Communications Decency Act (47 U.S.C. § 230) (as described in Section 4.6) apply, and our content controls in Section 4 govern what is permitted on the Service.

8. Subscriptions & Billing (Auto-Renewing)

8.1 Free tier and paid subscriptions. Noctelle offers a free ($0) tier with limited usage — currently 50 messages per day, 5 generated images per month, and 5 voice minutes per month — which does not require payment and does not auto-renew. Certain features and higher limits require a paid subscription. Noctelle offers three auto-renewing monthly subscription tiers priced at $30, $60, and $90 per month (USD). The three tiers are Premium ($30/mo), Deluxe ($60/mo), and Ultimate ($90/mo); the specific features and limits in each are disclosed at checkout. The applicable price, billing interval, and what each tier includes are clearly disclosed to you at checkout before you are charged.

8.2 Automatic renewal — clear disclosure and affirmative consent. Your subscription is a recurring, automatically renewing subscription. It renews automatically each month at the then-current price for your tier, and your payment method is charged each renewal, until you cancel. Before you subscribe, we present these automatic-renewal terms — the recurring charge, the amount, the billing frequency, and how to cancel — in a clear and conspicuous manner, and you must provide affirmative consent to the automatic-renewal terms before any charge is made. Where required, we will send an acknowledgment and/or renewal/price-change reminders that include the cancellation method.

8.3 Third-party payment processor. Payments are processed by a third-party payment processor, a third-party payment processor acting as merchant/biller of record. Charges from your subscription will appear on your statement as the billing descriptor shown at checkout and on your receipt. Noctelle does not collect or store full payment-card numbers. Your use of payment services is also subject to the processor's terms and privacy practices, which are linked at checkout. You authorize the processor to charge your selected payment method for the subscription price and applicable taxes at sign-up and on each renewal.

8.4 Price changes. We may change subscription prices. Any price change will apply to renewals only after we provide notice as required by law, and you may cancel before the change takes effect. The price shown to you at checkout governs your initial term.

8.5 Cancellation and refunds. You may cancel at any time, easily and online, through your account settings or as otherwise described in the Refund & Cancellation Policy. Cancellation stops future renewals; it generally takes effect at the end of the then-current billing period. Refunds, cancellation mechanics, and any limited exceptions are governed by the Refund & Cancellation Policy, which is incorporated into these Terms.

8.6 Auto-renewal law compliance (ROSCA and California ARL). For the avoidance of doubt, and to comply with the federal Restore Online Shoppers' Confidence Act (ROSCA, 15 U.S.C. §§ 8401 et seq.) and the California Automatic Renewal Law, as amended by AB 2863 (Cal. Bus. & Prof. Code §§ 17600 et seq.): (a) the automatic-renewal terms are presented clearly and conspicuously before purchase; (b) we obtain your affirmative consent to those terms before charging you, and we retain a record of that consent for at least three (3) years; (c) we provide an acknowledgment with the renewal terms and a description of the cancellation method; (d) we provide an easy, online means to cancel through the same medium you used to subscribe, without requiring you to call, chat, or take any additional step; and (e) for your annually billed or longer-term subscriptions, and otherwise where required, we send a renewal reminder at least once per year that includes the renewal terms and the cancellation method.

8.7 Taxes. Prices may exclude applicable taxes, which may be added at checkout or on renewal where required.

9. Age Assurance & Geographic Restrictions

9.1 18+ enforcement through a self-attestation age gate. Access requires that you pass the self-attestation age gate in which you confirm you are at least 18 (or the age of majority where you reside, if higher) (Section 1.3). We do not currently use a third-party age-verification vendor. We may refuse, suspend, or terminate access where eligibility cannot be reasonably established.

9.2 Whole-site geoblocking. The Service is offered only where lawful, and where we do not offer it we block the entire Service — no signup or use is possible. Specifically, Noctelle geoblocks the whole Service for visitors located in:

• (a) any U.S. state that mandates age verification for sites that publish or distribute sexual material harmful to minors; and
• (b) the European Union and the United Kingdom (for now).

We may add or remove restricted jurisdictions for legal or operational reasons as laws change. You must not use the Service from, or attempt to circumvent restrictions for, any blocked or prohibited jurisdiction (for example, by using a VPN or a false location). Doing so is prohibited conduct under Section 4.

9.3 Your compliance. You are responsible for complying with the laws of your jurisdiction. Accessing the Service does not mean it is lawful or appropriate in your location.

10. Suspension & Termination

10.1 By you. You may stop using the Service and cancel any subscription at any time as described in Section 8.5 and the Refund & Cancellation Policy. You may request account deletion as described in the Privacy Policy.

10.2 By us. We may suspend, restrict, or terminate your access or account, in whole or in part, with or without notice, if we reasonably believe you have violated these Terms (including Section 4), to comply with law or a legal request, to protect users or third parties, or to address risk to the Service. For serious violations (including any in Section 4.2), termination may be immediate.

10.3 Effect of termination. On termination, your right to use the Service ends. Sections that by their nature should survive — including Sections 4–7, any billing wind-down and accrued-payment obligations under Section 8, the complaints, DMCA, and content-removal obligations in Section 11, Sections 12–13, indemnification under Section 14, and Sections 15–20 — survive termination. Termination does not by itself entitle you to a refund; refunds are governed by the Refund & Cancellation Policy and applicable law. We may retain and preserve data as described in the Privacy Policy and as required by law.

11. Complaints, DMCA & Content Removal

11.1 Complaints and removal. Procedures for reporting prohibited content, requesting removal (including NCII fast-path removal), and other complaints are described in the Complaints & Content Removal Policy, which is incorporated into these Terms. In-app abuse reporting is available within the Service.

11.2 DMCA / copyright. If you believe content on the Service infringes your copyright, you may submit a notice to our designated agent as described in the Complaints & Content Removal Policy. We respond to valid notices and counter-notices under the U.S. Digital Millennium Copyright Act (DMCA) and may remove infringing material and terminate repeat infringers. Our DMCA designated agent is registered with the U.S. Copyright Office (Reg. No. DMCA-1074291); the agent's contact details are set out in Section 6.1 of the Complaints & Content Removal Policy.

11.3 NCII / TAKE IT DOWN Act notice-and-removal. Consistent with the federal TAKE IT DOWN Act, Noctelle prohibits and will remove non-consensual intimate imagery (NCII) of identifiable real people, including AI-generated "digital forgeries" (deepfakes) of identifiable real people. If you are an identifiable person depicted in such imagery (or that person's authorized representative), you may submit a removal request through the clear and conspicuous reporting channel identified in the Service and in the Complaints & Content Removal Policy. A valid request should include: (a) a physical or electronic signature; (b) identification of, and information reasonably sufficient to locate, the NCII on the Service; (c) a good-faith statement that the intimate imagery is nonconsensual; and (d) the requester's contact information (and, where applicable, confirmation of authority to act on the depicted person's behalf). Upon a valid request, we will remove the reported NCII within 48 hours and will make reasonable efforts to identify and remove identical copies of the material. Reports may be submitted at any time through the live, conspicuous reporting channel in the Service.

11.4 CSAM/NCII escalation. Suspected CSAM is removed immediately on detection, preserved as required by law (including the 90-day preservation under 18 U.S.C. § 2258A), and reported to NCMEC; validly-reported NCII is removed within 48 hours per Section 11.3. See Section 4.2, the Complaints & Content Removal Policy, and the 2257 Exemption Statement.

12. Disclaimers ("As Is")

12.1 As is. The Service and all content and output are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

12.2 No warranty of accuracy or availability. We do not warrant that the Service will be uninterrupted, secure, or error-free, that AI output will be accurate, appropriate, or reliable (see Section 7), or that defects will be corrected.

12.3 Statutory rights. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you. Nothing in these Terms limits non-waivable statutory rights you may have, including under California law.

13. Limitation of Liability

13.1 Exclusion of certain damages. To the maximum extent permitted by law, the Company and its members, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or other intangible losses, arising out of or relating to the Service or these Terms, even if advised of the possibility. Nothing in this Section is intended to exempt the Company from liability for its own fraud, willful injury, or violation of law to the extent such an exemption would be void under California Civil Code § 1668; the limitations in this Section apply only to the fullest extent permitted by that and other applicable law.

13.2 Cap on liability. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

13.3 Exceptions. These limitations do not apply to liability that cannot be limited or excluded under applicable law, including under California Civil Code § 1668 and any non-waivable consumer protections.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its members, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or any law; or (d) your violation of any third-party right. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

15. Third-Party Services & Sub-Processors

15.1 Reliance on third parties. The Service relies on third-party providers, including the payment processor and AI model and infrastructure providers. Your use of those services may be subject to their own terms and privacy practices. We are not responsible for third-party services, and their inclusion does not imply endorsement.

15.2 Named sub-processors. Noctelle uses the following sub-processors, which act on our behalf and only for the purposes described in these Terms and the Privacy Policy:

15.3 Voice calls and biometrics. During realtime calls, your microphone audio is captured and streamed transiently to Deepgram (speech-to-text) and to Hume/Cartesia (text-to-speech) to run the live call. Noctelle does not create or store a voiceprint or biometric template, and does not retain raw call audio beyond processing the live conversational turn. Transcribed text may be processed for the conversation, safety screening, and derived memory, as described in the Privacy Policy.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by reasonable means (for example, by posting the updated Terms with a new "Last updated" date or by notifying you in-app or by email). Changes are effective when posted unless otherwise stated or as required by law. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to the changes, you must stop using the Service and may cancel under Section 8.5. We will not apply material changes to your subscription pricing or auto-renewal terms except prospectively and with notice as required by Section 8.4 and applicable law.

17. Governing Law & Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of California, USA, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 18, the exclusive venue for any dispute not subject to arbitration is the state and federal courts located in California, and you consent to personal jurisdiction there.

18. Dispute Resolution; Arbitration & Class-Action Waiver

18.1 Informal resolution first. Before filing any claim, you agree to contact us at the address in Section 20 and attempt to resolve the dispute informally for at least 30 days.

18.2 Binding arbitration. Except as stated below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court, administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

18.3 Class-action waiver. You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

18.4 Exceptions. Notwithstanding the above, either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual property or stop unauthorized access. Public injunctive relief, claims that cannot lawfully be arbitrated, and any non-waivable statutory rights are excluded from arbitration to the extent required by law.

18.5 30-day opt-out. You may opt out of this Section 18 by sending written notice to the contact address in Section 20 within 30 days of first accepting these Terms, stating that you opt out of arbitration and including your name and account information. Opting out does not affect any other part of these Terms.

18.6 Severability. If the class-action waiver in Section 18.3 is found unenforceable as to any claim or request for relief (such as a request for public injunctive relief), that claim or request will be severed and heard in court, while all other claims proceed in arbitration.

18.7 Arbitration fees and coordinated (mass) filings. Arbitration fees are allocated under the applicable AAA rules; where those rules or applicable law require the Company to bear the filing or administrative fees for a consumer claim, we will do so, and each party otherwise bears its own attorneys' fees except where a statute or the arbitrator provides otherwise. If 25 or more similar claims are asserted against the Company by or with the assistance of the same or coordinated counsel, the parties agree these constitute coordinated ("mass") arbitrations and may be administered in staged batches under the AAA's mass-filing or supplementary procedures (or a comparable bellwether process), with fees and timelines applied accordingly. This Section is intended to keep arbitration fair, efficient, and proportionate for both sides; nothing in it waives any non-waivable statutory right or your access to small-claims court under Section 18.4.

19. General

19.1 Entire agreement. These Terms, together with the incorporated policies, are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.

19.2 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

19.3 No waiver. Our failure to enforce any provision is not a waiver.

19.4 Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

19.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

19.6 Notices. We may provide notices to you via the Service, email, or your account. You may provide notices to us at the address in Section 20.

19.7 International users; EU/UK availability (GDPR courtesy). Noctelle is operated from the United States and is intended for users in jurisdictions where it is offered. The Service is not available in the European Union or the United Kingdom (see Section 9.2), and we do not direct the Service to, or knowingly accept users from, those regions. Because the Service is not offered there, Noctelle does not appoint a representative under Article 27 of the EU/UK GDPR. We provide a courtesy summary of our data practices in the Privacy Policy; the EU/UK consumer-withdrawal (14-day cooling-off) right does not apply because subscriptions are not sold in those regions.

19.8 Mandatory local consumer rights. Nothing in these Terms limits or excludes any non-waivable consumer right, warranty, or remedy that applies to you under the mandatory law of your jurisdiction. Where such mandatory rights apply, they prevail over any conflicting provision of these Terms to the extent of the conflict.

20. Contact

Odyssey Digital Technologies LLC, d/b/a Noctelle Attn: Legal / Custodian of Records: Mohmad Arab 1011 El Cajon Blvd, Unit 9, El Cajon, CA 92020, USA

Email: [email protected]

Related policies (incorporated by reference)

• Privacy Policy — how we handle your data, including age-verification records, conversations and derived "memory," media, data export, and account deletion.
• Refund & Cancellation Policy — refunds, cancellation, and auto-renewal mechanics (cross-referenced in Section 8).
• Complaints & Content Removal Policy — abuse reporting, DMCA, NCII fast-path, and removal procedures (cross-referenced in Sections 4 and 11).
• 2257 Exemption Statement — explains that all depictions are wholly AI-generated, depict no actual human being, and are therefore exempt from 18 U.S.C. §§ 2257 / 2257A record-keeping.