This website, Noctorial, is owned and operated by Galilei Rogers LLC (collectively, the "Company" or the "Company"), registration number: 35-2829568, with registered office at The Green St 8, Dover, Delaware 19901 United States. The Company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using our site and/or purchasing something from us, you are participating in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any of the services. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.

The Services are intended only for persons over the age of 18 who reside in the country for which the Services are available. By registering on the Website, you confirm that you are 18 years of age or older. If you are under 18, you may not use the Services. You agree to access the Services only from one of the countries for which the Services are available. You acknowledge that your access to and use of the Services may be restricted or prohibited by law in some countries, and you agree to access and use the Services only in accordance with applicable law.

Any new features or tools added to the current platform (in the accounts provided section) will also be subject to the Terms of Service. You can view the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

NONE OF THE SERVICES PROVIDED TO YOU BY THE PROVIDER MAY BE CONSIDERED INVESTMENT SERVICES UNDER APPLICABLE LAW. THE PROVIDER DOES NOT GIVE OR PROVIDE YOU WITH ANY GUIDANCE, INSTRUCTION OR INFORMATION ON HOW OR IN WHAT MANNER YOU SHOULD TRANSACT WHEN USING THE SERVICES OR OTHERWISE, OR ANY OTHER SIMILAR INFORMATION ABOUT THE INVESTMENT TOOLS MARKETED, NOR DOES THE PROVIDER ACCEPT ANY SUCH GUIDANCE, INSTRUCTION OR INFORMATION FROM YOU. NONE OF THE SERVICES CONSTITUTE INVESTMENT ADVICE OR RECOMMENDATIONS. NO EMPLOYEE, STAFF OR REPRESENTATIVE OF THE PROVIDER IS AUTHORIZED TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS. IN THE EVENT THAT ANY INFORMATION OR STATEMENT BY ANY EMPLOYEE, PERSONNEL OR REPRESENTATIVE OF THE PROVIDER IS CONSTRUED AS INVESTMENT ADVICE OR RECOMMENDATIONS, THE PROVIDER EXPRESSLY DISCLAIMS THAT IT IS INVESTMENT ADVICE OR RECOMMENDATIONS AND SHALL NOT BE LIABLE THEREFOR.

We may grant third parties access to our website to troubleshoot and/or maintain problems related to the website, database or infrastructure. These accesses are monitored and removed once the work is done.

ALL PAYMENTS ARE FINAL AND FOR EVALUATION PURPOSES ONLY.

Registration fees are paid to allow access to Noctorial's platform, models and services. The client is not entitled to a refund of registration fees if the service has been initiated (i.e. started trading on our platform) and/or the client has not successfully completed the evaluation. No refund applies to the service offered by Noctorial.

 

PROGRAM RULES

The program rules are detailed on the Website, Help Center and on the program rules reminder page. In case of signing an agreement with Noctorial, the conditions agreed in the agreement will prevail.

Noctorial reserves the right to modify at any time, unilaterally and without prior notice.

Section 1 - Online Registration Conditions

By agreeing to these Terms of Service, you represent that you are of the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Failure to comply with or breach of any of the Terms will result in immediate termination of your Services.

 

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

 

Section 3 - Accuracy, Completeness and Timeliness of Information

We make every effort to ensure that the information we provide is accurate, however, the information is also provided by third parties and we are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Reliance upon the material on this site is at the user's own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

Section 4 - Changes in Service and Prices

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (accounts provided) (or any part or content thereof) without notice.

We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service (Company has the right to seize transactions at any time).

 

Section 5 - Products or Services (if applicable)

We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

 

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

 

Section 7 - Optional Tools

We may provide you with access to third party tools over which we exercise no control. You acknowledge and agree that we provide you access to such tools on an "as is" and "as available" basis, without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or relating to your use of optional third party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third party provider(s). We may also in the future offer new services and/or features through the website (including the release of new tools and resources). These new features and/or services will also be subject to these Terms of Service.

 

Section 8 - Third Party Links

Certain content, products and services available through our Service may include materials from third parties. Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties. We are not liable for any damages or injury related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review carefully the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions about third-party products should be directed to them.

 

Section 9 - Personal Information

The submission of personal information is governed by our Privacy Policy.

 

Section 10 - Prohibited Uses

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state local regulation, rule, law or ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) post false or misleading information; (g) upload or transmit viruses or any other malicious code that affects or may affect in any way the functionality or operation of the Service or any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses; or (l)you are notallowed to change your trading account password, on the platform where the program is evaluated, if you make a password change the program will be invalidated.

 

Section 11 - Disclaimer of Warranties; Limitation of Liability

We do not warrant that use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that, from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall Intellimeter, our directors, officers, employees, affiliates, agents, contractors, grantees, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted or made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

Section 12 - Indemnification

You agree to indemnify, defend and hold harmless Intellimeter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Section 13 - Divisibility

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

Section 14 - Termination

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

 

If in our judgment you breach, or we suspect that you have breached, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or, accordingly, we may deny you access to our Services (or any part thereof).

 

Section 15 - Disputes

If you dispute the payment of an order, this has a negative impact on the company, from a financial point of view, and damages our company profile in the eyes of the payment gateway. Therefore, in accordance with our policy, we will block the accounts (directly involved in the dispute/against the same order number) of merchants who dispute their payments and, henceforth, we will not entertain any request to unblock the account(s).

The user who is involved in a disputed transaction in the normal course of the business, where there has been no problem on our part, such users will not be eligible for any other account with Noctorial and all their other active accounts, with a current balance above the initial balance, will be refunded as well.

This policy is to protect Noctorial from any financial adversity as well as to ensure the long-term viability of the brand.

 

Section 16 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party. You may refer to the Noctorial account agreement at https://noctorial.com/account-terms/.

 

Section 17 - Changes in the Terms of Service

You may view the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

Section 18 - Proper Use and User Conduct

Understanding the importance of maintaining a respectful and productive work and communication environment, the following conditions are established for the use of our services and platforms:

1. Acceptable Conduct: Users agree to interact in a respectful and civilized manner with our internal team and any other user of the platform. The use of abusive, offensive, discriminatory or threatening language in any form of communication is prohibited.
2. Prohibition of Disruptive Practices: Any action that interferes with the normal conduct of our operations, including, but not limited to, making mass bookings or sending repetitive and unsolicited messages to internal equipment is prohibited.
3. Respect for Signed Agreements: Users agree to respect any legally binding agreements or contracts they have entered into with the company. Unjustified retraction or breach of such agreements will not be tolerated.
4. Consequences of Non-Compliance: In case of violation of any of the above conditions, we reserve the right to take the necessary measures, including, but not limited to, the prohibition of access to the platform, the cancellation of user accounts and the restriction of access by IP addresses.
5. Authorization to Take Action: By accepting these terms and conditions, users give their explicit consent for the company to take all measures it deems necessary to enforce these conditions, including blocking access to the platform and taking appropriate legal action.

By using our services and platforms, users acknowledge having read, understood and fully accepted these terms and conditions, agreeing to comply with the provisions set forth herein.

To register on the platform (Trader's Private Area), the user must necessarily accept these terms and agrees to comply with them, as well as when interacting through any communication channel via Calendly, Whatsapp or Social Networks, or any other channel that the company made available to users.

 

Section 19 - Contact Information

Questions about the Terms of Service should be sent to [email protected].