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These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "User") and Ethan Narvaes ("Noirchive," "we," "us," or "our") governing your access to and use of the Noirchive mobile application, the website at noirchive.com, and any related services (collectively, the "Service").
If you do not accept these Terms, do not access or use the Service.
You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the involvement of a parent or legal guardian who agrees to be bound by these Terms.
You may not use the Service if: (a) you are barred from receiving services under applicable law, (b) you are located in a country embargoed by the United States, or (c) we have previously banned you from the Service.
The Service is currently invite-only. Use of an invite code is conditional on these Terms.
To use most features you must create an account. You agree to:
We may suspend or terminate accounts at our sole discretion (see Section 13).
Invite codes are limited, non-transferable, and subject to revocation. Sharing or attempting to scrape, brute-force, or otherwise obtain codes outside the Service is a material breach of these Terms. We may revoke unused codes or redeemed accounts obtained fraudulently at any time.
You retain ownership of all User Content you submit, subject to the license below.
By submitting User Content, you grant Noirchive a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, publish, perform, display, distribute, and create derivative works of your User Content for the purpose of operating, promoting, and improving the Service. This license terminates when you delete the content or your account, subject to retention required by law or shared-with-others exceptions.
You represent and warrant that you own or have all necessary rights to your User Content, that it does not infringe any third-party rights, and that it complies with these Terms and our Community Guidelines.
We have no obligation to monitor or pre-screen User Content. We may review, remove, or refuse to publish any User Content at any time, with or without notice, for any reason.
You agree not to:
Noirchive and all related logos, designs, copy, software, member-number system, the look and feel of the Service, the "fire/mid" voting mechanic, the Salon, the Circles concept, and all other Noirchive-created elements are owned by Ethan Narvaes and protected by U.S. and international IP laws. Nothing grants you any right to use our trademarks, logos, or brand assets without our prior written consent.
If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use those suggestions for any purpose without compensation to you.
If you believe content on the Service infringes your copyright, send a written notice to our designated DMCA agent containing:
DMCA Agent: Ethan Narvaes, Honolulu, HI · help.noirchive@gmail.com
See our full DMCA Policy for counter-notice procedures.
By creating an account you may receive transactional emails and, with your consent, push notifications. You can opt out of push notifications at any time via your device's system settings.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms.
The Service may rely on or link to third-party services (Supabase, Expo, Apple, Google, etc.). We are not responsible for those services. Your use of any third-party service is at your own risk and subject to that service's terms.
We may modify, suspend, or discontinue the Service (or any feature) at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation.
We may suspend, restrict, or terminate your access to the Service, with or without notice, for any reason, including if we believe you have violated these Terms, harmed another User, or created legal exposure for Noirchive.
You may terminate your account at any time in Settings → Delete Account.
Sections 4.2, 5, 7, 14, 15, 16, 17, and any other provisions that by their nature should survive, will survive termination.
You agree to defend, indemnify, and hold harmless Noirchive and its affiliates, officers, directors, employees, agents, and licensors from and against any claims arising out of your User Content, your use or misuse of the Service, your violation of these Terms or any applicable law, or any dispute between you and another User or third party.
Before filing any claim, you agree to attempt to resolve the dispute by contacting help.noirchive@gmail.com with a description of the issue and your desired resolution. We will attempt informal resolution for 60 days.
Any unresolved dispute will be settled by binding arbitration administered by JAMS (or AAA at our election) under its Streamlined Arbitration Rules. The arbitration will take place in Honolulu County, Hawaii (or by phone/video), before one arbitrator. The arbitrator's decision will be final and binding.
You and Noirchive agree that each may bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Either party may bring an individual action in small-claims court or seek injunctive relief for actual or alleged infringement of intellectual property rights.
You may opt out of this arbitration agreement by sending written notice to help.noirchive@gmail.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you want to opt out.
These Terms are governed by the laws of the State of Hawaii, excluding its conflict-of-laws principles. Non-arbitrable claims are subject to the exclusive jurisdiction of state and federal courts in Honolulu County, Hawaii.
If you use the Service on an Apple device: these Terms are between you and Noirchive, not Apple. Apple is not responsible for the Service, has no obligation to provide maintenance or support, and has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.
You may not use, export, or re-export the Service except as authorized by U.S. law and the laws of the jurisdiction in which you are located.
We are not liable for any delay or failure to perform resulting from causes outside our reasonable control.
These Terms (with the Privacy Policy and Community Guidelines) are the entire agreement between you and Noirchive regarding the Service. If any provision is held invalid, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them at any time. We may modify these Terms at any time — material changes will be announced in-app or by email at least 7 days before they take effect.