Terms of Service

1.1 18+ Only. The Service is intended solely for adults. You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to access or use the Service.

1.2 No Minors. We do not knowingly permit minors to use the Service. If we learn you are underage, we will suspend or terminate your account immediately.

1.3 Legal Compliance. You are responsible for ensuring that your use of the Service is lawful where you live.

2.1 AI Personas. The Service provides interactive fictional personas generated and operated by artificial intelligence (“AI Personas”). You acknowledge and agree that: (a) AI Personas are not real people; (b) communications are generated by automated systems and may be simulated or fictional; and (c) AI Personas may produce content intended for adult entertainment and fantasy roleplay.

2.2 Entertainment and Roleplay Only. The Service is provided for adult entertainment, fantasy, and roleplay. It is not a dating service and is not intended to facilitate real-world romantic or sexual relationships.

2.3 No Meetups; No Real-World Contact. Actual meetups are not possible through the Service. You agree you will not attempt to arrange in-person meetings with AI Personas or treat any suggestion of real-world contact as genuine. Any attempt to solicit or arrange meetups, exchange addresses, or otherwise pursue real-world contact with AI Personas is prohibited and may result in account action.

2.4 No Reliance. You agree not to rely on the Service for medical, legal, mental health, financial, or professional advice. If you need professional help, seek a qualified professional.

3.1 Account Creation. You may need to create an account to use features of the Service. You agree to provide accurate information and keep it current.

3.2 Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

3.3 One Person, One Account (Optional). We may limit you to one account per person. We may also limit accounts per device, IP address, payment method, or other identifiers.

4.1 Payments. We may offer subscriptions, token packs, and/or other paid features. Payments may be processed by third-party payment processors, including CCBill or others (“Processor”). Your purchase may be subject to additional Processor terms.

4.2 Recurring Billing (Subscriptions). If you purchase a subscription, you authorize recurring charges at the stated interval until you cancel. Cancellation takes effect at the end of the current paid period unless stated otherwise at checkout.

4.3 Tokens / Credits. Tokens/credits may be redeemed for digital features (e.g., messaging and image generation). Tokens have no cash value, are non-transferable, and are not property. We may modify token pricing and redemption rules at any time.

4.4 No Chargeback Abuse. Initiating a chargeback or payment dispute in bad faith is a violation of these Terms. We may suspend or terminate accounts for chargeback abuse.

4.5 Refund Policy. Refund eligibility (if any) will be displayed at checkout or in a posted Refund Policy. Unless required by law, digital purchases may be non-refundable.

You agree you will not: (a) Use the Service for any unlawful purpose; (b) Harass, threaten, stalk, dox, or abuse any person; (c) Attempt to circumvent paywalls, rate limits, cooldowns, throttles, or safeguards; (d) Probe, scan, test, or breach our security measures; (e) Use bots, scripts, automation, scrapers, or similar tools to access or use the Service; (f) Reverse engineer or attempt to discover source code or underlying models except as permitted by law.

You agree you will not request, create, upload, generate, distribute, or attempt to generate content involving:

6.1 Child Sexual Abuse Material (CSAM) / Exploitation. Any sexual content involving minors or persons who appear to be minors, including “ageplay,” “barely legal,” “teen,” school uniforms in sexual contexts, or any depiction that is or could be interpreted as child sexual exploitation. Zero tolerance.

6.2 Non-Consensual Sexual Content. Rape, sexual coercion, sexual assault, intoxication-based sex where consent is absent or impaired, blackmail/extortion sexual acts, or any sexual activity without affirmative consent.

6.3 Extreme Violence or Sexual Violence. Any depiction or instruction involving sexual violence, torture, dismemberment, necrophilia, bestiality, or content combining sex with serious bodily harm.

6.4 Harm, Death, or Injury Depictions of Personas. Requests for images or roleplay depicting harm, injury, torture, self-harm, suicide themes, or death of AI Personas.

6.5 Illegal Instructions / Criminal Facilitation. You may not use the Service to request, generate, share, or solicit instructions, planning, admissions, or guidance that facilitates unlawful activity, including but not limited to human trafficking, sexual exploitation, coercion or extortion (“sextortion”), stalking, harassment, doxxing, fraud, or evasion of law enforcement.

6.6 Deepfakes / Real Persons / Identifiability. Content may not be identifiable as a real person. This includes using names, photos, likenesses, unique identifiers, or prompts intended to recreate a real individual.

6.7 Hate or Targeted Degradation. You may not request content that targets a protected class with hateful, threatening, or demeaning content, including sexualized hate.

6.8 Additional Prohibited Themes. You also may not request, generate, or solicit content depicting or describing: incest or family-member sexual scenarios; watersports, urine, or scat; snuff or fantasy-snuff; abduction or kidnapping; prostitution, escorting, or solicitation/exchange of sex for money; polygamous-marriage scenarios; sexual activity involving impairment by drugs, alcohol, or hypnosis; or anyone/anything resembling a minor (including subjects in diapers). This list supplements, and does not limit, the prohibitions above.

7.1 Feature Controls. Image generation may be subject to cooldowns, daily limits, paywalls, throttling, and other technical controls to prevent abuse and manage costs.

7.2 Cooldown. After any successful image generation, a cooldown of 120 seconds applies before another image generation request will be accepted.

7.3 Prohibited Pattern: Image Generation Without Chat Engagement. Image generation without meaningful chat engagement with the selected AI Persona is prohibited.

7.4 Automated Throttle for Non-Engagement. If the Service detects 2 images generated with no user chat messages between them, we may automatically: (a) disable image generation, (b) flag the account, and (c) require the user to send at least 10 chat messages before image generation is re-enabled.

7.5 Inactivity Escalation (Only After Throttle Warning). The inactivity enforcement described below is armed only after the non-engagement throttle in Section 7.4 triggers. If no user chat messages occur after the throttle warning: (a) at 5 minutes of inactivity, we may display a warning that account suspension will occur in 5 minutes unless the user resumes chatting; (b) at 9 minutes 30 seconds, we may display a final warning with a 30-second countdown; and (c) at expiration of the countdown, we may suspend the account for violation of these Terms.

7.6 Suspension (Not Deletion). For enforcement actions, “termination” may mean account suspension (login blocked and sessions ended), not irreversible deletion.

7.7 Retention After Suspension. We may retain account data for up to 90 days after suspension for compliance, fraud prevention, dispute handling, and security, then delete or anonymize where appropriate, subject to applicable law and our retention policies.

8.1 Monitoring. We may (but are not required to) monitor usage patterns and content to enforce these Terms and maintain safety, including automated checks for prohibited content and automation-like behavior.

8.2 Enforcement Actions. If we believe you violated these Terms, we may take one or more actions, with or without notice: warn you; restrict or throttle features; remove or block content; suspend your account; terminate your account (including suspension as described above); refuse or cancel transactions as permitted by law and Processor rules.

8.3 Appeals. Where available, you may contact support to appeal an enforcement decision. We may require additional verification to reinstate access.

9.1 User Inputs. You are responsible for the text you enter and any content you upload (“User Content”). You represent you have the right to submit it and that it does not violate law or these Terms.

9.2 License to Operate the Service. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, and display User Content solely as necessary to operate, improve, secure, and enforce the Service and these Terms, and to comply with law.

9.3 AI Outputs. Outputs generated by the Service (“Outputs”) are provided for entertainment/roleplay only. We do not guarantee accuracy, suitability, or that Outputs will be unique or free from errors.

10.1 Privacy Policy. Our Privacy Policy describes how we collect, use, share, and retain information.

10.2 Security. We use reasonable safeguards, but no system is perfectly secure. You use the Service at your own risk.

11.1 AS IS; NO WARRANTIES. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2 No Guarantee of Experience. We do not guarantee uninterrupted operation, availability, or that any persona, output, or feature will meet your expectations.

11.3 No Real Relationships or Meetups. You acknowledge again that the Service is a fictional AI roleplay/entertainment product and does not facilitate real-world meetings with AI Personas.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TSIXI OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD 50, WHICHEVER IS GREATER, UNLESS APPLICABLE LAW REQUIRES OTHERWISE.

You agree to indemnify, defend, and hold harmless Tsixi and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party rights.

14.1 By You. You may stop using the Service at any time and may cancel subscriptions as described at checkout.

14.2 By Us. We may suspend or terminate access at any time for violations, risk, fraud, abuse, or to comply with law.

14.3 Effect. Upon suspension/termination, your access may be blocked and active sessions ended. Sections that by their nature should survive will survive, including payment obligations, disclaimers, limitation of liability, indemnity, and dispute resolution.

15.1 Informal Resolution First. Before filing a claim, you agree to contact us at legal@nocturnaerosia.com and provide a brief written description of the dispute and your contact information. The parties will attempt to resolve the dispute informally within 30 days.

15.2 Binding Arbitration (AAA). If informal resolution fails, you and Tsixi agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules, except as modified by these Terms.

15.3 Arbitration Location and Procedure. Unless the parties agree otherwise, the arbitration will be conducted in Oregon (or by video/teleconference if permitted by AAA). The arbitrator may award any relief that a court could award, except that the arbitrator may not award relief on a class or representative basis.

15.4 Class Action Waiver. YOU AND TSIXI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15.5 Exceptions. Either party may bring a claim in small claims court if it qualifies. Either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent unauthorized access or abuse of the Service.

15.6 Governing Law. These Terms are governed by the laws of the State of Oregon, without regard to conflict of laws rules.

We may update these Terms from time to time. If we make material changes, we will provide notice by updating the “Last Updated” date and/or other reasonable means. Continued use after changes means you accept the revised Terms.

Support: support@nocturnaerosia.com

Legal: legal@nocturnaerosia.com

Report abuse: abuse@nocturnaerosia.com

Copyright / DMCA notices: dmca@nocturnaerosia.com

Records custodian (18 U.S.C. §2257): compliance@nocturnaerosia.com

Mailing Address: Tsixi Ventures, LLC, 5441 S Macadam Ave, Ste N, Portland, OR 97239, USA