Terms of Use (ToU)

1. Purpose and acceptance

These Terms of Use govern access to and use of the Noctalia mobile app and website (the "Service"), published by Thanh Chau, a sole proprietorship established in France.

By installing the app, creating an account, or using the Service, you confirm that you have read these Terms, the Legal notice, and the Privacy policy and accept them without reservation. If you do not agree, do not use Noctalia.

2. Definitions

• User: any person accessing the Service, with or without an account.
• Account: the personal space created within Noctalia.
• User Content: dreams, notes, voice transcripts, AI analyses, generated images, titles, tags, favorites.
• Premium subscription: paid offer providing additional features, billed via the Apple App Store or Google Play Store.

3. Access and account

Noctalia is available on iOS and Android (and, where applicable, via web). Connection and device costs are yours.

Some features require an Account with a valid email and secure password. Provide accurate information and keep it updated.

You are solely responsible for your credentials and activity. If you suspect unauthorized access, contact us at contact@noctalia.app immediately.

4. Audience and minors

Noctalia is intended for a general audience but not designed for children under 16.

By using Noctalia, you declare you are 16+ or have parental consent where required by law. If you believe a minor under 16 is using Noctalia without consent, contact us.

5. Service description

Noctalia notably offers:

• Dream journal with voice recording and speech-to-text;
• AI dream analysis and interpretation;
• AI image generation to visualize dreams;
• Organization tools (titles, tags, favorites, filters).

The Service may evolve (add, modify, or remove features) to improve experience, security, or legal compliance.

6. Subscriptions and payment

Premium features are billed through the Apple App Store or Google Play Store and are subject to their pricing, billing, and refund rules.

Prices, duration, renewal, trials, and withdrawal rights (if applicable) are detailed on the relevant store page. Noctalia does not directly collect payments.

You can manage or cancel your subscription in your App Store or Google Play settings at any time.

7. Acceptable use

Use Noctalia lawfully and respectfully. In particular, you must not:

• Use the Service for illegal or harmful purposes;
• Infringe third-party rights (privacy, IP, image rights);
• Upload or record content constituting a criminal offense (e.g., incitement to hatred, severe violence, sexual abuse);
• Attempt unauthorized access, disrupt the Service, or use automated means without prior written approval.

You remain solely responsible for the User Content you enter, record, or generate.

8. User content, license, and moderation

User Content is private by default. Noctalia does not publish it for others unless you choose to share or export it.

You grant Noctalia a non-exclusive, worldwide, revocable license limited to providing the Service (hosting, processing, analysing, transforming your content for features such as journal, search, analyses, image generation, backups). Noctalia does not sell your data or use it for targeted ads.

You may report illegal content or abuse at contact@noctalia.app. We will take appropriate action in line with applicable law.

9. Data protection and security

We describe data collection, purposes, retention, and your rights in the Privacy policy.

We implement reasonable technical and organizational measures to protect your data, but no system is 100% secure. Protect your credentials and device.

10. Intellectual property

All elements of the Service (brand, design, texts, graphics, code, databases) are protected. Any reproduction, adaptation, or extraction without prior authorization is prohibited, except for your personal use of the Service.

11. Availability and liability

Noctalia is provided "as is" without guarantee of uninterrupted availability. We strive to maintain a stable Service but may suspend or limit access for maintenance, security, or legal reasons.

To the extent permitted by law, Noctalia is not liable for indirect damages, loss of data, or prejudice resulting from improper use of the Service.

12. Changes to the Service or Terms

We may update the Service or these Terms to reflect product evolution, legal changes, or security needs. We will inform you of material changes. Continued use after notification constitutes acceptance of the updated Terms.

13. Contact

Questions or issues regarding these Terms can be sent to contact@noctalia.app.