Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Nocta, an end-to-end encrypted messaging service currently offered in closed beta.

By using Nocta, you agree to these Terms. If you do not agree, do not use the service.

1. Service provider

Nocta is provided by NOCTA Software Sp. z o.o. (“Nocta”, “we”, “us”, or “our”), a company registered under the laws of the Republic of Poland.

Registered address: pl. Bankowy 2, 00-095 Warsaw, Poland.

Company details: Registered in the District Court for the Capital City of Warsaw, under KRS number: 0001247203, NIP: 5253093572, REGON: 54498950900000.

2. The service

Nocta is an end-to-end encrypted messenger. Messages, calls, media, and other protected content are encrypted on your devices before being transmitted.

Because conversation content is end-to-end encrypted, Nocta cannot read, recover, or manually moderate the contents of your private conversations. You are responsible for maintaining access to your devices, recovery material, PINs, biometric access, and any other credentials used to access your account.

Nocta is currently in closed beta. Features, availability, performance, and account access may change as we develop and refine the service.

3. Acceptable use

You agree not to use Nocta to:

• break applicable law or infringe the rights of others;
• distribute malware, phishing content, spam, or harmful code;
• attack, disrupt, overload, reverse engineer, or interfere with the service or its users;
• attempt to deanonymise, harass, threaten, impersonate, or abuse other people;
• circumvent security measures, rate limits, access controls, or beta access restrictions;
• use the service in a way that creates security, operational, legal, or reputational risk for Nocta or other users.

We may suspend or terminate access if we reasonably believe that an account, device, or activity violates these Terms, threatens the security of the service, or creates legal or operational risk.

4. Encryption and recovery

Nocta is designed so that protected conversation content is encrypted end-to-end. This means that if you lose access to your devices and recovery material, your message history may be unrecoverable.

This is a deliberate property of the design, not a defect.

You are responsible for using any backup, recovery, device management, or revocation features provided by the app.

5. Accounts and devices

Trust in Nocta is device-based. You are responsible for the devices linked to your account.

You should revoke any device you no longer control. Nocta is not responsible for access obtained through a device, PIN, biometric method, operating system account, or recovery material that you fail to protect.

6. Privacy

Your use of Nocta is also governed by our Privacy Policy.

The Privacy Policy explains what limited technical, account, device, diagnostic, operational, and service metadata may be processed to operate, secure, and improve Nocta.

Nocta does not sell advertising profiles and does not use the contents of end-to-end encrypted conversations for advertising.

7. Beta service and availability

During closed beta, Nocta is provided on an “as is” and “as available” basis. We do not guarantee uninterrupted availability, compatibility, message delivery latency, or preservation of beta data.

We may add, remove, limit, reset, or change beta features at any time.

We may close, pause, or restrict beta access for operational, security, legal, or product reasons.

8. No warranty

To the maximum extent permitted by law, Nocta is provided without warranties of any kind, whether express, implied, statutory, or otherwise.

We do not warrant that the service will be uninterrupted, error-free, secure against every possible threat, compatible with every device or operating system, or suitable for any particular purpose.

9. Limitation of liability

To the maximum extent permitted by law, Nocta will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, loss of profits, loss of business, loss of reputation, or loss of access arising from or related to the use of the service.

Nothing in these Terms limits liability where such limitation is not permitted by applicable law.

10. On-premise deployments

For corporate or on-premise deployments, the operator runs the service inside its own infrastructure and is responsible for its own users, devices, policies, compliance, data processing obligations, security controls, backups, and operational environment.

Separate agreements, data processing terms, support terms, security requirements, or service level terms may apply to corporate or on-premise deployments. If a separate signed agreement applies, it controls where it conflicts with these Terms.

11. Source code and licensing

Published Nocta source code is licensed under the GNU Affero General Public License v3.0 unless stated otherwise in the relevant repository or file.

Your use, modification, and distribution of the published source code is governed by that license.

Use of the hosted Nocta service is governed by these Terms.

12. Changes to these Terms

We may update these Terms as the service develops. If we make material changes, we will make the updated Terms available through the website, app, or another reasonable channel.

Your continued use of Nocta after changes become effective means that you accept the updated Terms.

13. Governing law and jurisdiction

These Terms and your use of Nocta are governed by the laws of the Republic of Poland, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms or the service shall be subject to the exclusive jurisdiction of the competent courts in Warsaw, Poland.

14. Contact

Questions about these Terms: support@nocta.wtf.