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Noctra legal

Terms & Conditions

We write our policies plainly, so you can understand how Noctra works and what choices are yours.

1Introduction and Acceptance of Terms

Welcome to Noctra, a mobile application designed for personal journaling, mindfulness practice, and creative expression. These Terms and Conditions constitute a legally binding agreement between you and Noctra, the developer of Noctra (referred to as "we," "us," or "our").

By downloading, installing, accessing, or using the Noctra mobile application (the "App"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as our Privacy Policy. If you do not agree, you must not use the App.

2Eligibility and Age Requirements

Noctra is intended solely for users who are at least thirteen (13) years of age. By using the App, you represent and warrant that you are at least thirteen (13) years old.

If you are between the ages of thirteen (13) and eighteen (18), you represent that you have obtained permission from your parent or legal guardian to use the App and that they have reviewed and agreed to these Terms on your behalf.

We reserve the right to request proof of age at any time. If we discover that a user is under the age of thirteen (13), we will immediately terminate that user's account and delete all associated personal information.

3Account Registration and Security

3.1 Account Creation

To access certain features of Noctra, you must create an account by providing accurate and complete information, including your name and email address. You agree to provide truthful, current, and complete information and to update such information to keep it accurate.

3.2 Account Credentials

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify us at noctraofficial25@gmail.com of any unauthorized use of your account or any other breach of security. You are solely responsible for all activities that occur under your account.

3.3 Account Termination by User

You may terminate your account at any time through the App's settings. Upon termination, your personal information and user-generated content will be permanently deleted from our active databases within 30 days, subject to our data retention policies outlined in our Privacy Policy.

4Acceptable Use and User Conduct

4.1 Permitted Uses

You may use Noctra for its intended purposes of journaling, generating AI-assisted content for personal use, sharing your thoughts with other users, and engaging with features designed for personal reflection and mindfulness.

4.2 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

  • Use the App for any unlawful purpose or in violation of these Terms and Conditions
  • Post, share, or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Post content that promotes violence, discrimination, or hatred against any individual or group
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Post content that infringes upon the intellectual property or privacy rights of any third party
  • Harass, bully, stalk, or threaten other users
  • Attempt to gain unauthorized access to any portion of the App or other user accounts
  • Introduce any viruses, malware, trojans, or other malicious code
  • Use any automated means (robot, spider, scraper) to access the App or collect information
  • Use the App for commercial purposes without our express written consent

4.3 Content Moderation

We reserve the right, but are not obligated, to monitor, review, and remove any user-generated content that violates these Terms and Conditions or that we deem inappropriate or harmful. We may suspend or terminate accounts that repeatedly violate these Terms.

5User-Generated Content

5.1 Ownership and License

You retain all ownership rights to the content you create and post on Noctra. By posting User Content on the App, you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, display, reproduce, modify, and distribute your User Content solely for the purposes of operating, providing, improving, and promoting the App. This license terminates when you delete your User Content or your account, except as noted in our Privacy Policy.

5.2 Content Sharing and Privacy Settings

When you share User Content with other users, you control the visibility through privacy settings: Private (visible only to you), Friends Only (visible only to designated friends), or Public (visible to all users of the App). Once shared with other users, you cannot control how those users may use or distribute such content.

5.3 Content Responsibility

You are solely responsible for all User Content you post on the App. You represent and warrant that you have all necessary rights to post such content; your content does not violate any third-party rights or applicable laws; and your content does not contain any confidential or proprietary information you do not have the right to disclose.

6AI-Generated Content

6.1 Use of AI Features

Noctra offers AI-powered features using Google Gemini AI technology and Freepik API. These features are optional and activated only when you choose to use them. When you use these features, your input prompts are processed by the respective APIs in accordance with their terms of service and privacy policies.

6.2 Generated Content

AI-generated content is created based on your input prompts and is provided for your personal use. While we strive to provide high-quality AI-generated content, we make no guarantees regarding the accuracy, quality, appropriateness, or suitability of such content. You are responsible for reviewing all AI-generated content before using or sharing it.

6.3 Intellectual Property in AI Content

Ownership and intellectual property rights in AI-generated content may be subject to the terms and conditions of Google Gemini AI and applicable copyright laws. We make no representations or warranties regarding ownership rights in AI-generated content.

7Intellectual Property Rights

7.1 Our Intellectual Property

The App, including its design, functionality, features, text, graphics, logos, icons, and software, is owned by Noctra and is protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App for its intended purposes. This license does not include any right to reproduce, distribute, modify, decompile, reverse engineer, or disassemble any part of the App.

7.2 Trademarks

"Noctra" and any associated logos, names, and slogans are trademarks or service marks of Noctra and M Charan Chandra. You may not use these marks without our prior written permission.

7.3 Copyright Infringement

If you believe that your copyrighted work has been copied and posted on the App in a way that constitutes copyright infringement, please contact us at noctraofficial25@gmail.com with a description of the copyrighted work, the location on the App where the infringing material is located, your contact information, and a statement that you have a good faith belief that the disputed use is not authorized. Include your physical or electronic signature.

8Third-Party Services and Links

The App utilises Supabase (database), Vercel (backend hosting), Google Gemini AI (AI content generation features), and Freepik API (image generation). Your use of these services through the App is subject to the respective terms of service and privacy policies of these third-party providers. We are not responsible for third-party websites or resources linked from the App and do not endorse or assume any responsibility for third-party content.

9Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

The App is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, uninterrupted operation, and freedom from harmful components.

9.2 Medical Disclaimer

IMPORTANT — PLEASE READ CAREFULLY: Noctra is a personal journaling and mindfulness application. It is NOT a medical device, health tracking app, diagnostic tool, treatment or therapy, substitute for professional medical advice, or a platform for medical or health-related research. AI-generated content is for creative and reflective purposes only, NOT medical advice. Meditation audio is for general relaxation and mindfulness, NOT therapeutic treatment. Journal features are for personal reflection, NOT mental health diagnosis or therapy.
If you are experiencing a mental health crisis, suicidal thoughts, or medical emergency: contact emergency services (911 or your local number), call a crisis helpline (988 in the US), or seek immediate help from a qualified healthcare professional.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, Noctra shall not be liable for any indirect, incidental, special, consequential, or punitive damages; any loss of profits, revenues, data, use, goodwill, or other intangible losses; or any damages resulting from your use of or inability to use the App. In no event shall our total liability to you exceed the amount you have paid to us in the past twelve (12) months, OR one hundred US dollars (USD $100), whichever is less.

10Indemnification

You agree to defend, indemnify, and hold harmless Noctra, M Charan Chandra, and any affiliates, contractors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to your use of the App, your violation of these Terms, your violation of any rights of another party, any User Content you post or share, or your breach of any representations or warranties made in these Terms.

11Termination and Suspension

11.1 Termination by Us

We reserve the right to suspend or terminate your account and access to the App at any time, with or without prior notice, for any reason, including your violation of these Terms, suspected fraudulent or illegal activity, conduct harmful to other users, extended periods of inactivity, or technical or security reasons.

11.2 Effect of Termination

Upon termination, your right to use the App will immediately cease. We may delete your account and all associated User Content within 30 days. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, limitations of liability, and dispute resolution provisions.

11.3 Post-Termination Restrictions

If your account is terminated for violation of these Terms, you may not create a new account without our express written permission. We reserve the right to refuse service to anyone at any time for any lawful reason.

12Dispute Resolution and Governing Law

12.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Jurisdiction

You agree that any dispute, claim, or controversy arising from or relating to these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts located in Hyderabad, Telangana, India.

12.3 Informal Resolution

Before filing any formal legal action, you agree to contact us at noctraofficial25@gmail.com to attempt to resolve any dispute informally. Both parties agree to negotiate in good faith for at least thirty (30) days before initiating formal legal proceedings.

13Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at any time. When we make material changes, we will update the "Last Updated" date, notify you through the App via in-app notification, and send email notification where appropriate. Your continued use of the App following the posting of changes constitutes your acceptance of such changes. Material changes will take effect thirty (30) days after notification.

14Miscellaneous Provisions

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of the App. If any provision is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision shall not constitute a waiver. You may not assign or transfer these Terms without our prior written consent.

15Contact Information

If you have any questions, concerns, comments, or feedback regarding these Terms and Conditions or the App, please contact us at:

Email

noctraofficial25@gmail.com

We will make reasonable efforts to respond to your inquiries within five (5) business days of receipt.

16Acknowledgment and Agreement

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING NOCTRA, YOU ACKNOWLEDGE THAT: you have read and understood these Terms and Conditions and our Privacy Policy; you agree to be bound by these Terms; you represent that you have the legal capacity to enter into this agreement; you will use the App in accordance with all applicable laws; and you understand that the App is not a substitute for professional medical or mental health services.

If you do not agree to these Terms and Conditions, you must immediately discontinue use of the App and delete it from your device.