Terms of Use & End-User License Agreement

1. Scope of Agreement & License Grant

1.1. The Licensor grants the User a personal, revocable, non-exclusive, non-transferable, limited license to install and run the Software solely for personal, non-commercial media management and playback.

1.2. The Software is licensed, not sold. All title, intellectual property rights, and code architecture remain exclusively with the Licensor.

2. Payments, Subscriptions & Refund Policy

2.1. General Non-Refundable Rule: All payments for digital subscriptions, server allocation, and premium features are final and non-refundable. Immediate digital fulfillment begins upon successful checkout.

2.2. EU Consumer Right of Withdrawal: Under Directive 2011/83/EU, consumers in the EU/EEA possess a 14-day statutory right of withdrawal. Where immediate digital performance has begun with the consumer's prior express consent, this right is waived pursuant to Article 16(m). Otherwise, refunds are prorated for unused intervals.

2.3. CIS and Regional Consumer Laws: Where mandatory regional consumer protection statutes apply, cancellation rights remain subject to deduction of actual costs incurred by the Licensor, including non-refundable merchant fees, allocated bandwidth, and dedicated disk reservations.

2.4. Chargeback Prohibition: Unilateral credit card chargebacks initiated without prior support escalation constitute breach of contract and result in immediate account termination.

3. Full Disclaimer of Warranties (“AS IS”)

THE SOFTWARE AND INFRASTRUCTURE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONTINUOUS AVAILABILITY.

4. Limitation of Liability & Data Loss Waiver

4.1. No Liability for Data Loss: Under no circumstances shall the Licensor be liable for the destruction, corruption, or loss of user audio files, local databases, playlists, or library metadata. Maintaining offsite backups is the sole obligation of the User.

4.2. No Consequential Damages: The Licensor shall not be liable for any indirect, incidental, punitive, or consequential damages.

4.3. Liability Cap: The maximum aggregate liability of the Licensor for any claim whatsoever is strictly capped at the amount paid by the User during the preceding 30 days, or USD $10.00, whichever is less.

5. Copyright Responsibility & Indemnification

5.1. Noct is a neutral technical utility. The Licensor does not curate, monitor, or publish user-uploaded media.

5.2. The User assumes 100% sole personal, civil, and criminal liability for intellectual property compliance regarding any tracks stored, played, or shared via Share Links.

5.3. Indemnification: The User agrees to defend, indemnify, and hold harmless the Licensor against all third-party copyright claims, legal fees, or regulatory penalties arising from user actions.

6. Class Action Waiver & Dispute Resolution

6.1. All claims must be resolved on an individual basis. The User expressly waives any right to commence or join any class, collective, or representative proceeding.

6.2. Mandatory pre-dispute electronic notice with a 30-day resolution window is required prior to formal adjudication.