Terms of Use

01Acceptance

These Terms of Use govern access to and use of Noctly (noctly.video), a service operated by Baite Tecnologia da Informação (L de Jesus Santos Brito Tecnologia da Informação Ltda.), CNPJ 62.068.171/0001-00, with its registered office at Av. Tancredo Neves, 2539, Edifício CEO Salvador Shopping, Torre Londres, sala 2609, Caminho das Árvores, Salvador, Bahia, Brazil, 41820-021 ("Noctly", "we", "us").

By creating an account or using Noctly, you confirm that you have read and agree to these Terms and to the Privacy Policy. If you do not agree, do not use the service.

02The service

Noctly generates videos for faceless channels from a niche and topic you choose: it writes the script with artificial intelligence, creates the narration, selects or generates images and videos, edits them and delivers a finished video for download. You can also connect your accounts to publish or schedule posts on YouTube and, where available, on Facebook and Instagram.

Noctly is a production tool. Decisions about what to generate, review and publish are always yours.

03Your account

• You must be 18 or older and legally capable to create an account.
• The information you provide must be accurate and kept up to date.
• Your account is personal. You are responsible for keeping access to your email and Google account secure and for all activity in your account.
• Notify us immediately at the contact email if you suspect unauthorized use.
• Creating multiple accounts to repeatedly obtain free credits or to get around limits or suspensions is prohibited.

04Plans, credits and payment

• Noctly usage is measured in credits. As a reference, 1 credit corresponds to about 1 minute of generated video; more expensive formats and visual styles may use more credits per minute, always shown before generation.
• New accounts receive a limited number of free credits to try the service. Videos generated with free credits carry a watermark and remain available for a shorter time.
• Paid plans (Creator, Studio and Scale) can be billed monthly or annually. Prices, included credits, features and credit usage rules are those shown on the pricing page at the time of purchase.
• Payments are processed by Stripe in Brazilian reais (BRL). Card details never pass through Noctly’s servers.
• Estimate before generating (CostGuard): before each generation, Noctly shows how many credits it is expected to use. If a generation fails because of a technical problem on Noctly’s side or with our providers, the reserved credits are fully returned to your credit balance. This refund is made in credits, not in money.
• We may change prices and plan contents. Price changes do not affect a period you have already paid for and are announced in advance of the next renewal.

05Renewal and cancellation

Subscriptions renew automatically at the end of each period (monthly or annual) and are charged to the same payment method until you cancel.

You can cancel at any time in the dashboard. Cancellation takes effect at the end of the period already paid for: until then, you keep access to the plan and its credits. Outside the right of withdrawal and cases provided by law, there are no prorated refunds for the current period.

06Right of withdrawal

On your first purchase of a paid plan, you may withdraw within 7 calendar days of purchase and receive a full refund of the amount paid, under Article 49 of the Brazilian Consumer Protection Code. To exercise this right, cancel in the dashboard and email privacy@noctly.video requesting the refund. The amount is refunded to the same payment method, subject to the card issuer’s processing times.

07Payment disputes

If you do not recognize a charge, please contact us before disputing it with your bank or card issuer; in most cases we can resolve it faster. While a dispute (chargeback) is under review, we may suspend the account and lock the credits tied to the disputed payment. If the dispute is upheld, those credits are removed. Disputes opened in bad faith may lead to account termination.

08Acceptable use

You agree not to use Noctly to create, publish or distribute content that:

• is illegal or encourages illegal activity;
• promotes hatred, discrimination, violence or harassment against people or groups;
• exploits or sexualizes minors, under any circumstances;
• impersonates another person or organization, or uses someone’s voice, name or likeness without permission;
• is misinformation capable of causing harm, such as misleading content about health, elections or emergencies;
• infringes copyrights, trademarks, privacy or other third-party rights;
• is spam, a scam or fraud, or attempts to manipulate platform metrics.

You also may not attempt to bypass usage limits, credits or security measures, reverse engineer the service, resell access without authorization, or automate usage outside the interfaces we provide.

09Publishing to your channels

When you connect a channel or account and publish through Noctly, you are responsible for what is published on your channels and profiles, including titles, descriptions, thumbnails and schedules.

You must comply with each platform’s rules, such as the YouTube Terms of Service, YouTube’s community guidelines and monetization policies, the Meta Terms of Service and the Instagram Terms of Use. By connecting YouTube, you agree to be bound by the YouTube Terms of Service.

Platforms require realistic content generated or altered by artificial intelligence to be disclosed. Noctly offers the synthetic-content disclosure where the platform supports it, but it is your responsibility to make sure each post complies with the AI disclosure rules of the destination platform.

Noctly does not control platform decisions such as video removals, strikes, reach limits, demonetization or channel terminations.

10Cloned voice

Voice cloning, where available on your plan, may only be used with your own voice. By uploading a sample, you confirm that the voice is yours and consent to the processing described in the Privacy Policy. Using another person’s voice, even from public recordings, is prohibited and leads to deletion of the voice and suspension of the account.

11Intellectual property

What is yours: subject to these Terms, you own the videos, scripts and other outputs generated in your account and may use them, including for commercial purposes. This is subject to the third-party licenses of the elements incorporated into the video, such as Pexels stock footage, governed by the Pexels license, and to the terms of the artificial intelligence providers that generate images, videos, voices and music.

AI-generated content may be similar to content generated for other people, and copyright protection for AI-generated material may be limited under applicable law. We do not guarantee exclusivity over topics, scripts, images or soundtracks.

What you authorize us to do: you grant us a non-exclusive, royalty-free license, limited to what is necessary to store, process, transmit and display the content you upload or generate, solely to provide the service, including sending videos to the platforms you choose to publish to.

What is ours: the software, the Noctly brand, the interface, the script templates and the other elements of the service belong to Baite Tecnologia da Informação or its licensors. These Terms do not transfer any of those rights to you.

You confirm that you hold the rights to everything you upload to Noctly, such as text, images and voice samples.

12No guarantee of results

Noctly helps you produce videos, but does not guarantee monetization, acceptance into partner programs, revenue, views, subscribers, reach or the safety of your channel. Those outcomes depend on the platforms, the audience and your decisions.

The originality score, risk factors and recommendations of the Viral Survival Kit are estimated indicators to support your review. They do not guarantee that a video will be accepted, recommended or kept by any platform.

Earnings estimates shown in Noctly calculators or materials are illustrative and are not a promise of results.

13Availability and service changes

We work to keep Noctly available, but the service may be interrupted for maintenance, technical failures or unavailability of third-party providers and platforms. We may add, change or discontinue features and providers; when a change materially reduces what you paid for, we will give reasonable advance notice.

Final video files remain available for a period that depends on your plan, stated in the Privacy Policy. Download the videos you want to keep.

14Limitation of liability

To the maximum extent permitted by law, Noctly is not liable for indirect damages, lost profits, loss of revenue or data, or for third-party platform decisions about your content or channel. Nor are we liable for content you publish or for use of the service in breach of these Terms.

Where liability exists, it is limited to the amount you paid Noctly in the 12 months before the event that gave rise to it.

Nothing in these Terms excludes or limits rights that cannot be waived by contract, including consumer rights under the Brazilian Consumer Protection Code.

15Suspension and termination

We may suspend or terminate your account, in whole or in part, if you breach these Terms, if there are signs of fraud or risk to other users, to Noctly or to third parties, or if we are required to by law or by order of an authority. Whenever possible and permitted, we will notify you and explain the reason, with an opportunity to respond.

You may close your account at any time by cancelling your subscription and requesting deletion at privacy@noctly.video. Unused credits are not converted into money, except under the right of withdrawal and cases provided by law.

16Privacy

How we process your personal data is described in the Privacy Policy, which forms part of these Terms.

17Changes to these Terms

We may update these Terms. The date at the top shows the version in force. Material changes will be announced by email or in the dashboard before they take effect. If you keep using Noctly afterwards, the new terms apply; if you do not agree, you can cancel your subscription.

18Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of Salvador, Bahia, Brazil, are chosen to settle disputes, without prejudice to a consumer’s right to bring proceedings in the courts of their own domicile.

19Contact

Questions about these Terms: privacy@noctly.video. Baite Tecnologia da Informação (L de Jesus Santos Brito Tecnologia da Informação Ltda.), CNPJ 62.068.171/0001-00, Av. Tancredo Neves, 2539, suite 2609, Salvador, Bahia, Brazil, 41820-021.