TERMS OF SERVICE
Version: 1.0
Effective Date: 17.07.2025
§ 1. GENERAL PROVISIONS
These Terms of Service define the scope and rules for the provision of the Bot Service (the “Service”) by electronic means via the Nocturne online platform (hereinafter: the “Platform”) available at www.app-nocturne.com.
The administrator and operator of the Platform is NOCTURNE.AI spółka z ograniczoną odpowiedzialnością, with its registered office in Wrocław, ul. Tęczowa 82E/21, 53-603 Wrocław, Poland, NIP: 8971955272, KRS: 0001177447, REGON: 541975240 (hereinafter: the “Administrator”).
The Administrator provides the following contact address for all inquiries, suggestions, complaints, or other matters: info@ai-nocturne.com.
The Platform provides access to a tool known as G.U Bot (hereinafter: the “Bot”), which enables the automated execution of trading operations on platforms such as MetaTrader 4 and MetaTrader 5.
Transactions are executed based on the parameters previously configured by the User.
§ 2. DEFINITIONS
Platform – the website available at: www.app-nocturne.com.
User – a natural person who is of legal age and has full legal capacity, acting in their own name for purposes not related to their professional or business activity, who uses the Platform in accordance with these Terms.
Registration Form – the online form through which a User creates an account.
Account – the User’s individual account on the Platform, enabling access to the Bot’s functionalities.
§ 3. NATURE OF SERVICES
The Platform does not provide brokerage services, investment advisory services, or financial services within the meaning of the Polish Act on Trading in Financial Instruments.
Any information provided by the Bot shall not constitute:
- Investment advice
- Personalized financial recommendations
- Guarantees of profits or investment performance
- 4. USER REGISTRATION AND ACCOUNT
Using the Platform requires the creation of an Account by providing the following: full name, email address, username, completion of the required declarations, acceptance of the Terms of Service and Privacy Policy, and payment of a subscription fee.
By creating an Account, the User declares that:
- They possess full legal capacity to enter into binding agreements
- They are at least 18 years old
- They have read and accepted these Terms
The User agrees to:
- Provide truthful information, consistent with the data used on their MetaTrader 4 or 5 account
- Keep login credentials confidential
- Immediately notify the Administrator in the event of any security breach involving the Account
The Administrator reserves the right to suspend or delete an Account if the Terms are violated.
§ 5. CONDITIONS FOR CONTRACT CONCLUSION
The service price displayed on the Platform is provided in british pound (GBP) and includes all applicable taxes, including VAT.
The Administrator reserves the right to change service prices at any time.
To enter into an agreement, the User must:
- Visit the Platform
- Create an Account
- Select a subscription plan
- Pay the subscription fee following the on-screen instructions and messages
Upon registration of the payment, the User will receive an email with access credentials to the Bot account within 48 hours.
Proper display of the Platform and access to services provided electronically by the Administrator requires:
- Connection to the Internet
- An internet browser capable of displaying HTML documents and accepting cookies
- An active email account
- A computer and mobile device with internet access
- A personal ECN-type trading account
- An active MetaTrader 4 or MetaTrader 5 account
- A broker account offering leverage of at least 1:100
§ 6. USER OBLIGATIONS
The User agrees to:
- Use the Platform lawfully and ethically
- Refrain from any actions that may disrupt the Platform’s operation
- Not share login credentials with third parties
- Configure their Traders Connect account settings independently
§ 7. LIMITATION OF LIABILITY
The Administrator shall not be held liable for:
- Improper use of the Service or failure to meet technical requirements outlined in the Terms
- Damage resulting from use of the Platform by a third party, in cases where the Platform has verified the user as the authorized Account holder
- The User’s sharing of login credentials with third parties
- Temporary limitations or unavailability of the Service due to maintenance or external factors
- The outcome of trading activities, including financial losses or lost profits resulting from the User’s investment decisions. In particular, the Administrator shall not be held liable where a transaction executed by the Bot — as configured by the User — results in loss due to unfavorable price movements
The User acknowledges and accepts full responsibility for:
- All configurations made within the Bot
- The fact that the Bot does not consider their individual financial situation
- All investment decisions resulting from use of the Platform
§ 8. PERSONAL DATA PROTECTION
The Administrator processes personal data in accordance with the GDPR and for the purposes described in the Privacy Policy available on the Platform.
§ 9. PAYMENTS AND SUBSCRIPTIONS
The Platform operates on a subscription-based model.
Details regarding pricing are provided in the Pricing section of the Platform.
Payments are processed via external payment service providers.
§ 10. INTELLECTUAL PROPERTY
All content available on the Platform (including the Bot algorithms) constitutes the intellectual property of the Administrator.
The User is granted a limited license to use the Platform for personal use only.
It is strictly prohibited to copy, modify, or distribute the Platform’s content without the Administrator’s prior written consent.
The Parties agree that all technical, commercial, organizational, and management-related information obtained in connection with the performance of obligations under these Terms constitutes a trade secret.
§ 11. AMENDMENTS TO THE TERMS
The Administrator reserves the right to amend these Terms at any time.
Users shall be notified of any changes at least 14 days prior to their effective date.
Continued use of the Platform after the effective date of the amendments shall constitute acceptance thereof.
§ 12. DISPUTE RESOLUTION
In the event of non-performance or improper performance of the Service by the Administrator, the User is entitled to file a complaint via email to: info@ai-nocturne.com.
The complaint should include:
- Email address and phone number for identification and contact
- Type of Service the complaint relates to
- Description of the issue and supporting evidence
Complaints must be submitted no later than 3 days after the issue arises.
The Administrator will respond to the complaint within 14 days of receipt, following an internal investigation.
Complaints regarding payment processing are handled by the payment service provider in accordance with their terms and conditions.
§ 13. FINAL PROVISIONS
Polish law shall govern all legal relationships arising from the use of the Platform.
Should any provision of these Terms be deemed invalid, the remaining provisions shall remain in full force and effect.
These Terms shall enter into force on [DATE].
Contact: info@ai-nocturne.com