NOCTUS
Terms of Service
Before you publish this: every [BRACKETED] value below must be replaced with
your real details, and this document should be reviewed by a lawyer qualified in your jurisdiction.
It is a careful starting point written against how Noctus actually works — it is not legal advice and
has not been reviewed by counsel.
Contents
1. Accepting these terms
These terms are an agreement between you and [LEGAL ENTITY NAME] (“Noctus”, “we”). By creating an account or using the service you accept them. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and “you” means that company.
You must be at least 16 and legally able to enter a contract.
2. What Noctus is
Noctus lets you build and run AI agents that perform automated workflows against services you connect. Agents act on your instruction and with your authority. We provide the platform; we do not supervise, approve or take responsibility for what your agents decide or do.
3. Your account
- Give accurate information and keep it current.
- Keep your credentials secret. You are responsible for everything done under your account.
- Tell us promptly at [CONTACT EMAIL] if you suspect unauthorised access.
- Do not share one account across people in a way that defeats plan limits.
4. Plans, billing and refunds
- Noctus is usage-based. You are charged per agent execution at the rate shown for your plan, billed on a recurring cycle.
- A valid payment method is required before agents will run.
- Charges are in US dollars (USD) and exclusive of tax unless stated. You are responsible for applicable taxes.
- Fees already incurred are non-refundable except where the law requires otherwise, or at our discretion.
- Cancel at any time. Cancellation takes effect at the end of the current cycle; you keep access until then and are not charged again.
- We may change pricing on 30 days' notice. Continuing to use Noctus after that accepts the new price.
- If payment fails we may suspend your agents until it is resolved.
- Third-party costs are separate. Some integrations spend credits or fees on your own accounts with those providers. Those are between you and them.
5. Acceptable use
Noctus can send email, SMS, and voice calls, publish content, and act on your business systems at machine speed. That capability comes with hard limits. You must not use Noctus to:
- Send unsolicited bulk messages, or any message that breaks anti-spam and telemarketing law — including CAN-SPAM, TCPA, CASL, GDPR/PECR and their equivalents. Where consent is required, you must have it, and you must honour opt-outs and do-not-call lists.
- Impersonate any person or organisation, or send messages that misrepresent who they are from.
- Harass, defraud, threaten or deceive anyone.
- Break the law, infringe intellectual property, or violate anyone's privacy.
- Upload malware, or attempt to breach, overload, probe or reverse-engineer the service.
- Scrape or access systems you do not have the right to access.
- Handle special-category data — health, biometric, financial account, government ID — without the legal basis and safeguards your law requires.
- Resell or expose Noctus as a competing platform without our written agreement.
You must also follow the terms of every service you connect. We may suspend an account that breaches this section immediately and without notice.
6. Your agents are your responsibility
You design the workflows, you choose the triggers, and you grant the access. You are responsible for everything your agents do — every message sent, record changed, payment initiated and file written.
Automation makes mistakes fast and at scale. Test on low-risk data first, use approval steps for anything consequential, and grant the narrowest access a workflow needs. We are not liable for the consequences of a workflow behaving as configured.
7. Connected services
When you connect a third-party tool you authorise us to access it on your behalf, within the scopes you approve, to run your workflows. Those services are controlled by their providers, not us. We are not responsible if a provider changes its API, restricts access, loses data or goes down. Revoke access at any time from Integrations.
8. AI output
Noctus uses large language models. AI output can be wrong, biased, or fabricated. It is not professional advice — legal, financial, medical or otherwise. Review anything consequential before relying on it. Because models are probabilistic, the same input may produce different output, and we do not warrant that output is accurate, complete or fit for any purpose.
9. Ownership
- Yours: your data, your content and the workflows you build. You grant us only the licence needed to host and process them so the service can run.
- Ours: the Noctus platform, software, branding and prebuilt agent templates. Installing a template gives you a licence to use it, not ownership of it.
- Feedback you send us we may use freely and without obligation.
10. Availability
We aim for high availability but do not promise uninterrupted service. We may modify, suspend or discontinue features. For a material reduction in functionality we will give reasonable notice where we can. There is no contractual uptime commitment unless we have signed a separate agreement with you.
11. Disclaimers
To the fullest extent the law allows, Noctus is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be error-free, secure or uninterrupted, or that agent output will be accurate.
12. Limitation of liability
To the fullest extent the law allows:
- We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or business opportunity.
- Our total liability for all claims in any 12-month period will not exceed the greater of the total amount you paid us in the 12 months before the claim or USD 100.
Nothing here excludes liability that cannot lawfully be excluded — including death or personal injury caused by negligence, or fraud. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.
13. Indemnity
You will defend and indemnify Noctus against claims, damages and reasonable legal costs arising from your use of the service, your content, your agents' actions, or your breach of these terms — in particular claims brought by people your agents contacted.
14. Termination
You may close your account at any time. We may suspend or terminate an account that breaches these terms, creates legal risk, or fails to pay. On termination your right to use Noctus ends immediately; we will delete your data as described in the Privacy Policy. Export anything you need first.
Sections 9, 11, 12, 13 and 16 survive termination.
15. Changes
We may update these terms. Material changes will be notified by email or in-product at least 14 days before they take effect. Continuing to use Noctus after that accepts them.
16. Governing law
These terms are governed by the laws of [JURISDICTION], and the courts of [JURISDICTION] have exclusive jurisdiction, without regard to conflict-of-law rules.
17. Contact
[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
[CONTACT EMAIL]