Terms of Service

1. Agreement and Acceptance

These Terms of Service ("Terms" or "Agreement") constitute a legal contract between PMC Baltic, LICENCE NO: 45001684, ADDRESS: SFFO0507 Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates (hereinafter "Nocturnum Plan", "Website", or "we/us"), and any individual using the Nocturnum Website.

1.1 Browsing, using, or viewing information on the Website constitutes acceptance of all provisions of this Agreement. If you do not agree with any part of these Terms, you must immediately close the Website and discontinue any use.

1.2 IMPORTANT: This Agreement includes a mandatory arbitration provision (Section 12) that affects your legal rights regarding all Services. The arbitration provision requires disputes to be resolved individually by arbitration. There is no judge or jury in arbitration, and the right to appeal is more limited than in court.

1.3 This Agreement also includes warranty disclaimers, limitations of liability, and a waiver of the right to participate in class actions.

1.4 All policy documents adopted or introduced by us over time, including but not limited to the Privacy Policy, Cookie Policy, Subscription Terms, and Money-Back Policy, are an integral part of this Agreement and are incorporated by reference.

1.5 We may modify these Terms on the Website. For significant changes, we may provide separate notice, but we are not obligated to do so in every case. If you use the Website after changes become effective, you are considered to have agreed to the updated Terms. If, after receiving notice of changes, you do not object or express a wish to reject the updated Terms within fourteen (14) days, the updated version becomes binding on you.

2. Service

Our Website and the Nocturnum Plan provide access to digital services and digital content ("Service"). No account is required to use the Service. Digital content may be sent to the email address you provide after purchase.

3. License and Restrictions

3.1 Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to access, use, and locally display the Website and content solely for personal use.

3.2 Except as expressly permitted in this section, you are prohibited from: • Copying, reproducing, distributing, transmitting, reselling, renting, sublicensing, downloading, modifying, creating derivative works from, publicly performing, or displaying any part of the Website or its content. • Interfering with servers or networks connected to the Website. • Using or launching automated systems, including robots or spiders, to access the Website. • Circumventing, disabling, or otherwise interfering with security features that prevent or restrict use or copying of content.

4. Intellectual Property

4.1 Your use of the Website is licensed, not sold. You acknowledge that the Website and its licensors retain all ownership, proprietary, and intellectual property rights. We reserve all rights not expressly granted in these Terms.

"Intellectual Property Rights" means all rights in trade secrets, patents, copyrights, service marks, trademarks, know-how, and similar rights, as well as moral rights, privacy rights, publicity rights, and related rights under applicable laws.

We reserve the right to take legal action under applicable law, including but not limited to claims under the DMCA.

4.2 Content All content, information, data, text, photos, videos, audio, writings, articles, comments, software, scripts, graphics, and interactive features provided through the Website ("Materials"), as well as user-submitted data and trademarks, service marks, and logos (collectively, "Marks", and together with Materials and user-submitted data, the "Content"), belong to the Website and/or its licensors and may be protected by applicable intellectual property laws and treaties.

All other Marks used on the Website are trademarks, service marks, or logos of their respective owners.

4.3 Use of Content All Content is provided to you "AS IS" for personal use only, and all access to, use of, or reliance on Content is at your own risk. If you download or print Content, you must retain all copyright and proprietary notices. We do not guarantee that any Content available on the Website is or will remain accurate.

5. Payment Terms

5.1 General Provisions The Service is provided on a paid basis. To use the Service, you may need to purchase a subscription ("Subscription").

By purchasing a Subscription, you agree to the initial and recurring fees at the then-current rate and remain responsible for recurring payments until you cancel. Your Subscription remains in effect until canceled by you or suspended by us under these Terms.

AUTOMATIC RENEWAL: When you subscribe, we or our third-party payment processor automatically charge your selected payment method for each billing term at the then-current rate until you cancel.

5.2 Refunds Refunds are provided in accordance with the Money-Back Policy.

5.3 Subscription Cancellation You may cancel your Subscription by contacting support at hello@nocturnum.app. You are responsible for all fees accrued up to cancellation, including applicable taxes and charges. If canceled, access remains available through the end of the current paid period.

We may cancel your Subscription if you fail to make payments, violate these Terms, or for other reasons at our discretion. If your Subscription is canceled, you remain responsible for all outstanding obligations on your account.

6. Privacy

We respect your privacy. Personal data provided on the Website is processed according to our Privacy Policy.

7. Account Termination

We may temporarily suspend or terminate your account and/or use of the Website at any time, at our sole discretion, without cause and without prior notice.

"Termination" means deletion of the account from our servers and deletion of data associated with the user profile. At your request, we may provide collected personal data in a convenient and understandable format, where applicable.

An account may be terminated due to prolonged inactivity, violation of these Terms, security reasons, or other legitimate reasons.

8. Copyright Policy

8.1 Notice of Infringement Procedure If you believe content on the Website infringes your intellectual property rights, promptly submit a written Notice of Alleged Infringement with relevant details.

8.2 Contact for Notices Notices of alleged infringement can be submitted to hello@nocturnum.app.

9. Disclaimer of Warranties

9.1 General Disclaimer Except where prohibited by law, you agree that your use of the Website is at your own risk, and the Website is provided "as is" and "as available".

To the maximum extent permitted by law, we disclaim all warranties, express or implied.

We do not warrant that: • The Website meets your requirements. • The Website operates uninterrupted, timely, secure, or error-free. • Results obtained from using the Website are accurate or reliable. • Services or data on the Website meet your expectations. • Errors in the Website will be corrected.

9.2 No Professional Advice Statements published on the Website are for informational and entertainment purposes only and do not constitute professional financial, medical, legal, or other advice.

9.3 Website Information Changes We may change information on the Website at any time without notice and may modify, suspend, or discontinue the Website without notice. You agree we are not liable for losses related to such actions.

10. Limitation of Liability

Except where prohibited by law, we are not liable for direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses arising out of: • Your use or inability to use the Website. • The cost of procuring substitute goods or services. • Unauthorized access to or alteration of your data. • Statements or actions of any Website user or third party. • Your reliance on information provided on the Website.

11. Your Responsibility

You agree to indemnify and hold harmless PMC Baltic, its affiliates, employees, agents, and partners from any claims, losses, liabilities, or expenses arising from your use of the Website in violation of these Terms.

12. Dispute Resolution by Arbitration

You agree that any disputes between you and PMC Baltic will be resolved by binding arbitration in accordance with the rules of the London Court of International Arbitration (LCIA). Arbitration will be conducted individually, with no class actions.

If you wish to opt out of arbitration, you may submit notice by email to hello@nocturnum.app within 30 days, stating your name and intention to opt out of binding arbitration.

13. Modifications and Notices

13.1 Modifications to the Agreement We reserve the right, at our sole discretion, to modify this Agreement at any time by posting a revised version on the Website or by otherwise notifying you. Changes take effect immediately upon posting or notice, unless stated otherwise.

You are responsible for periodically checking the Website and your email for updates. If you continue using the Website after changes, you are considered to have agreed to the modified Agreement.

13.2 Assignment We may assign or transfer our rights and obligations under this Agreement to another entity, and you agree to such assignment.

13.3 Notices We may provide notices by posting on the Website, sending email, or other means. Email notice is deemed received upon sending, even if it is filtered or not read.

To reduce missed notices, please add hello@nocturnum.app to your contacts and trusted senders.

14. Term of the Agreement

This Agreement becomes effective when you access the Website and remains effective while you use the Website or until your account is terminated.

Upon termination, provisions that by their nature should survive termination remain in effect, including but not limited to Sections 4, 6 through 17.

15. Electronic Signature

By clicking buttons such as "CONTINUE", "GET MY READING", "START", or similar actions on the Website, you provide a legally binding electronic signature and enter into a legally binding agreement.

You agree to the use of electronic signatures, contracts, orders, notices, and records, and to electronic delivery of notices and records via the Website.

You waive any rights or requirements for non-electronic signatures, paper records, or non-electronic payment methods, to the extent permitted by applicable law.

16. Other Provisions

16.1 Governing Law and Jurisdiction This Agreement and your use of the Service are governed by the laws of the United Arab Emirates, excluding conflict of law rules.

If a dispute is not subject to arbitration, both parties agree that exclusive jurisdiction lies with the courts of England and Wales.

16.2 Entire Agreement and Severability This Agreement, together with incorporated documents, constitutes the entire agreement between you and PMC Baltic regarding use of the Website. If any provision is found invalid, the remaining provisions remain in full force and effect.

16.3 No Waiver Failure to enforce any provision immediately does not waive the right to enforce it later.

16.4 Force Majeure PMC Baltic is not liable for failure to perform due to force majeure events, including natural disasters, wars, riots, strikes, acts of terrorism, or major IT infrastructure disruptions.

17. Contact Information

If you have any questions regarding this Agreement, contact us at hello@nocturnum.app.