Terms of Service

Welcome to Noctal. These Terms of Service (“Terms”) govern your access to and use of the Noctal website, Lana, the Noctal sound-effects marketplace, and any related applications, APIs, and services we offer (collectively, the “Services”). By creating an account, accessing our Services, or clicking “I agree,” you agree to be bound by these Terms.

1. Acceptance of these terms

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Services. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, in which case “you” refers to that organization.

2. The services we provide

Noctal operates a media-intelligence platform that matches human-recorded sound effects to picture. The Services include, without limitation:

• Lana, our AI product that analyzes video and surfaces relevant sounds;
• A marketplace for browsing, licensing, and downloading sound effects;
• APIs and plug-ins that integrate the Services into your workflow;
• Associated websites, documentation, and community resources.

We may update, improve, or discontinue individual features at our discretion. If a change materially reduces the functionality of a paid plan we will provide advance notice to affected account holders.

3. Accounts and security

3.1 Registration

You agree to provide accurate, current, and complete information when creating an account, and to keep that information up to date. You are responsible for all activity that occurs under your account, and for safeguarding your credentials. Notify us immediately at security@noctal.xyz if you suspect unauthorized use.

3.2 Organization accounts

If your employer or another organization has enabled access to the Services on your behalf, that organization’s administrator may manage your account, reset your credentials, and access content you upload in connection with the organization’s subscription. Your use of the Services is subject to any policies that organization maintains, in addition to these Terms.

4. Subscriptions, billing, and free tiers

• Paid plans renew automatically at the end of each billing cycle unless cancelled before renewal. You authorize us to charge your payment method on each renewal.
• Fees are exclusive of applicable taxes, which you are responsible for paying.
• Free tiers, trials, and beta access are provided as-is and may be modified, suspended, or discontinued at any time without notice.
• Except as required by law, all payments are non-refundable. You may cancel at any time; cancellation takes effect at the end of the then-current billing cycle.

5. Licenses to content

5.1 License to use the services

Subject to your compliance with these Terms and payment of any applicable fees, Noctal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose.

5.2 License to sound effects and content you download

Sounds and other media licensed through the marketplace are provided under the license terms displayed at checkout. Unless a specific license grants broader rights, you may not resell, redistribute, or sublicense the underlying sound files as standalone assets.

5.3 User content

You retain all rights in the video, audio, text, or other material you submit to the Services (“User Content”). You grant Noctal a worldwide, royalty-free license to host, process, and display your User Content solely to the extent necessary to provide the Services to you.

6. Acceptable use

You agree not to, and not to permit others to:

• Use the Services to violate any law or the rights of any third party;
• Upload content that infringes intellectual-property rights, depicts sexual content involving minors, or is otherwise unlawful;
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by law;
• Interfere with or disrupt the integrity or performance of the Services, including by bypassing rate limits or automated scraping;
• Use the output of Lana to train a competing AI model without our express written permission.

7. Intellectual property

The Services, including all software, user interfaces, trademarks, and original content created by Noctal, are owned by Noctal or its licensors and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers any such rights to you except as expressly stated.

8. Disclaimers

The Services are provided “as is” and “as available.” Noctal disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, or that any defects will be corrected.

9. Limitation of liability

To the fullest extent permitted by law, Noctal and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Services. Our aggregate liability for any claim arising out of or relating to these Terms or the Services will not exceed the greater of one hundred US dollars ($100) or the fees you paid to Noctal for the Services in the twelve months preceding the claim.

10. Termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Services. Sections intended to survive termination — including license restrictions, disclaimers, limitations of liability, and dispute resolution — will continue to apply.

11. Changes to these terms

We may update these Terms from time to time. If a change is material, we will provide notice by posting the revised Terms on this page and updating the “Last updated” date, and where required by law, by notifying you directly. Continued use of the Services after the revised Terms take effect constitutes acceptance.

12. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in Delaware, and you consent to personal jurisdiction there.

13. Contact

Questions about these Terms? Reach us at support@noctal.xyz.