Terms of Service

3.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on macOS devices that you own or control, solely for your personal, non-commercial use.

3.2 License Restrictions

You may not:

• Copy, modify, distribute, sell, lease, sublicense, or otherwise transfer the App or any rights therein
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except as permitted by applicable law
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the App
• Use the App for any unlawful purpose or in violation of any applicable laws or regulations
• Use the App to transmit any harmful, threatening, abusive, defamatory, or otherwise objectionable content through the AI chat feature
• Attempt to gain unauthorized access to any systems or networks connected to the App
• Use automated scripts, bots, or other means to interact with the App in a manner not intended by its design
• Redistribute, resell, or share your license or subscription credentials with others

4.1 Pricing

Nochi is offered under the following pricing plans:

• Monthly Subscription: $4.99 USD per month, billed monthly
• Lifetime Access: $24.99 USD, one-time payment

Prices are listed in United States Dollars (USD) and may be subject to applicable taxes depending on your jurisdiction. We reserve the right to change pricing at any time, but changes will not affect existing active subscriptions or lifetime licenses until the next renewal period (for subscriptions) and will not affect lifetime licenses already purchased.

4.2 Payment Processing

All payments are processed securely by Stripe, Inc. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. We do not store or have access to your full payment card details. All payment information is handled directly by Stripe in compliance with PCI-DSS standards.

4.3 Monthly Subscription

If you choose the monthly subscription:

• Your subscription begins immediately upon successful payment.
• Your subscription will automatically renew each month on the anniversary of your initial purchase date.
• You will be charged $4.99 USD at the beginning of each billing cycle.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of your current billing cycle.
• No partial refunds will be issued for unused portions of a billing cycle, except as described in Section 5 (Refund Policy).

4.4 Lifetime Access

If you choose the lifetime access option:

• You will be charged a one-time payment of $24.99 USD.
• You will receive access to all current and future features of the App for as long as the App is maintained and distributed.
• "Lifetime" refers to the lifetime of the product, not the lifetime of the purchaser. If the App is permanently discontinued, lifetime license holders will receive the final version of the App.
• Lifetime access is tied to your account and is non-transferable.

4.5 Free Features

Certain features of the App may be available for free. We reserve the right to change which features are included in the free tier at any time.

4.6 Failed Payments

If a subscription payment fails, we will attempt to process the payment again. If payment continues to fail, your subscription may be suspended or cancelled, and access to paid features will be revoked until payment is successfully processed.

5.1 Monthly Subscription Refunds

You may request a full refund within 7 days of your initial subscription purchase if you are not satisfied with the App. After 7 days, or for any subsequent renewal charges, refunds are not available. To avoid future charges, cancel your subscription before the next billing cycle.

5.2 Lifetime Access Refunds

You may request a full refund within 14 days of your lifetime access purchase if you are not satisfied with the App. After 14 days, lifetime access purchases are non-refundable.

5.3 How to Request a Refund

To request a refund, contact us at [email protected] with your purchase confirmation or Stripe receipt. We will process approved refunds within 5–10 business days. Refunds will be issued to the original payment method.

5.4 Cancellation of Subscription

You may cancel your monthly subscription at any time by:

• Using the subscription management link provided in your purchase confirmation email
• Contacting us at [email protected]
• Managing your subscription through the billing portal accessible within the App

Cancellation will take effect at the end of the current billing period. You will not be charged for subsequent periods after cancellation.

6.1 Third-Party AI Processing

Nochi's AI chat feature is powered by Anthropic's Claude. When you use this feature, your chat messages are transmitted to Anthropic's servers for processing. By using the AI chat feature, you acknowledge and agree that:

• Your messages will be processed by Anthropic in accordance with their terms and privacy policy.
• AI responses are generated by a third-party AI model and may not always be accurate, complete, or appropriate.
• We do not control, endorse, or guarantee the accuracy of AI-generated responses.
• We do not store or log your AI chat messages on our servers.

6.2 Acceptable Use of AI Chat

When using the AI chat feature, you agree not to:

• Submit content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Attempt to use the AI to generate content that violates any law or regulation
• Attempt to circumvent any content filters or safety measures
• Use the AI chat feature for any purpose that could cause harm to yourself or others
• Submit personally identifiable information of third parties without their consent

6.3 AI Disclaimer

AI-generated responses are provided "as is" and for informational purposes only. They do not constitute professional advice of any kind, including but not limited to medical, legal, financial, or therapeutic advice. You should not rely on AI responses as a substitute for professional judgment. We disclaim all liability for any actions taken or decisions made based on AI-generated responses.

7.1 Ownership

The App, including all content, features, functionality, design elements, character artwork, animations, software code, trademarks, trade names, logos, and other intellectual property, is and shall remain the exclusive property of Madonna Holdings DBA Stack-Labs and its licensors. These Terms do not grant you any ownership interest in the App.

7.2 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the App, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, modify, and incorporate such feedback without any obligation to you.

10.1 "As Is" Basis

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

10.2 No Guarantee of Availability

We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that any defects will be corrected or that the App will meet your specific requirements.

10.3 Third-Party Services

The App interacts with third-party services (including but not limited to Anthropic, Stripe, and macOS system services). We are not responsible for the availability, accuracy, or reliability of third-party services, and your use of such services is at your own risk.

13.1 Termination by You

You may stop using the App and uninstall it at any time. If you have an active subscription, please cancel it before uninstalling to avoid future charges.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without cause and with or without notice, including but not limited to:

• Violation of these Terms
• Abusive or harmful use of the AI chat feature
• Fraudulent or unauthorized payment activity
• Conduct that we reasonably believe may cause harm to us, other users, or third parties

13.3 Effect of Termination

Upon termination, your license to use the App is immediately revoked. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law).

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the App shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Boise, Idaho. The arbitrator's decision shall be final and binding.

15.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

15.4 Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding your use of the App and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

16.6 Notices

Notices to us should be sent to [email protected] or to our mailing address at 314 W Linden St, Boise, Idaho 83706. We may provide notices to you through the App or to the email address associated with your account.