Terms of Service

1. Acceptance of Terms

Welcome to Nocturne AI LLC ("Nocturne AI," "we," "us," or "our"). By accessing or using our products or services, you agree to be bound by these Terms of Service ("Terms").

This is our master Terms of Service, governing the LLC's general practices and our products that do not have their own dedicated terms. Some products — including CheerBanq — maintain separate, product-specific Terms that take precedence for those products.

Products covered by these Terms

• Nexus Memory — Browser extension for AI conversation memory and fact-verification.
• Nocturne AI website (nocturneai.net) — Our studio website.

Products with their own Terms of Service

• CheerBanq — Financial planning software for cheer families. See cheerbanq.com/terms.

If you do not agree to these Terms, do not use our products.

2. Eligibility

2.1 Age requirements

You must be at least 13 years old to use our products. Users between 13 and 17 must have parental or guardian consent. Some products may have higher age requirements stated in their product-specific terms.

2.2 Account responsibility

If a product requires an account, you are responsible for:

• Providing accurate information.
• Maintaining the security of your credentials.
• All activities that occur under your account.

One person per account. Do not share credentials.

3. License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our products for personal or commercial purposes, subject to these Terms.

You agree not to:

• Reverse engineer, decompile, or disassemble our products.
• Remove copyright or proprietary notices.
• Use our products for illegal or unauthorized purposes.
• Interfere with or disrupt our products or servers.
• Attempt to gain unauthorized access to any part of our products or systems.
• Use automated systems to scrape or extract data.
• Resell or redistribute our products without written permission.

4. Nexus Memory

4.1 Browser extension

Nexus Memory operates as a browser extension that integrates with third-party AI platforms (Claude, ChatGPT, Gemini, Perplexity). It requires permissions to access those platforms in order to function.

4.2 Local data storage

Your conversation content is stored locally in your browser's IndexedDB. You retain full ownership of your conversation data. We do not transmit conversation content to our servers.

You are responsible for:

• The security of your browser and device.
• Backing up your conversation data if you wish to preserve it.

We are not liable for data loss caused by browser issues, device failure, extension uninstallation, or your browser settings.

4.3 Third-party platform compatibility

Nexus Memory integrates with AI platforms operated by third parties. We are not affiliated with Anthropic (Claude), OpenAI (ChatGPT), Google (Gemini), or Perplexity. These platforms may change their interfaces or policies at any time without notice. We do not guarantee continuous compatibility, and we are not responsible for actions taken by these third parties.

4.4 Pricing

Nexus Memory is currently provided at no cost. If we introduce paid features in the future, we will provide at least 30 days' advance notice and clear information about pricing and payment processing before any feature moves behind a paywall.

5. Your Content

5.1 Ownership

You retain all rights to content you create, upload, or store using our products ("Your Content"). We do not claim ownership of Your Content.

5.2 Limited license to us

By using our products, you grant us a limited license to store and process Your Content solely as necessary to provide the product to you. This license ends when you delete the content or stop using the product.

5.3 Content restrictions

You agree not to use our products to create, store, or transmit content that:

• Violates applicable laws or regulations.
• Infringes intellectual property rights of others.
• Contains malware or malicious code.
• Harasses, threatens, or harms others.
• Promotes illegal activities or violence.

6. Intellectual Property

6.1 Our rights

All of our products, including software, designs, algorithms, trademarks, branding, and documentation, are owned by Nocturne AI LLC or licensed to us. This includes:

• The Nexus Memory architecture and underlying systems.
• The Digital Genome System (DGS) framework.
• The AIMEB benchmarking framework.
• All Nocturne AI branding, logos, and trade names.
• Research papers and technical documentation.

6.2 Patents and trade secrets

Several of our technologies are patent-pending. Reverse engineering is prohibited under Section 3. Trade secrets are protected under applicable law.

7. Privacy

Your use of our products is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Some products have product-specific privacy policies; where applicable, those policies govern that product.

8. Disclaimers

8.1 As-is

Our products are provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by law, we disclaim all warranties including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No guarantees

We do not guarantee:

• Uninterrupted or error-free operation.
• The accuracy, reliability, or completeness of output.
• Compatibility with all devices, browsers, or third-party services.
• That defects will be corrected.

8.3 AI systems

Our products that interact with AI systems do not eliminate the possibility of inaccurate output. Nexus Memory helps manage memory and provides fact-verification signals, but it does not guarantee accuracy and does not replace human judgment. You are responsible for verifying critical information independently.

9. Limitation of Liability

To the maximum extent permitted by law, Nocturne AI LLC is not liable for:

• Indirect, incidental, special, or consequential damages.
• Lost profits, data, or business opportunities.
• Service interruptions or data loss.
• Third-party actions or content.
• Unauthorized access to your data not caused by our gross negligence.

Maximum liability: Our total liability for any claim shall not exceed the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

Some jurisdictions do not allow limitations of liability for certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Nocturne AI LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use or misuse of our products.
• Your violation of these Terms.
• Your violation of any law or third-party rights.
• Your Content or conduct.
• Unauthorized use of your account.

11. Termination

11.1 By you

You may stop using our products at any time. For Nexus Memory, uninstalling the extension removes local data from your browser.

11.2 By us

We may suspend or terminate your access to our products if:

• You violate these Terms.
• You engage in fraudulent or illegal activity.
• Required by law or legal process.
• We discontinue a product (with reasonable advance notice where practical).

11.3 Effect of termination

Upon termination, your right to use the product ends immediately. Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will continue in effect.

12. Modifications to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' advance notice through our website and, where we have your email address, by email.

Continued use of our products after the effective date constitutes acceptance of the updated Terms. If you do not agree, discontinue use before the effective date.

13. Dispute Resolution

13.1 Governing law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

13.2 Informal resolution

Before filing any legal claim, you agree to attempt informal resolution by contacting us at support@nocturneai.net.

13.3 Venue

Any disputes that cannot be resolved informally will be resolved in the courts of Comal County, Texas. You consent to personal jurisdiction in those courts.

13.4 Class action waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative proceedings.

14. General Provisions

14.1 Entire agreement

These Terms, together with our Privacy Policy and any product-specific terms or policies, constitute the entire agreement between you and Nocturne AI LLC regarding the products covered.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

14.3 No waiver

Our failure to enforce any provision is not a waiver of that or any other provision.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign or transfer these Terms freely. These Terms bind successors and permitted assigns.

14.5 Force majeure

We are not liable for failures or delays caused by circumstances beyond our reasonable control, including natural disasters, pandemics, wars, network failures, or third-party service outages.

15. Contact

By using our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

© 2026 Nocturne AI LLC. All rights reserved.