Terms of Service

1. Who we are and what these Terms cover

These Terms of Service (the "Terms") form a binding agreement between you ("you", "your", or "User") and Vantage Loop LLC, a Wyoming limited liability company with its registered address at 30 N Gould St #51295, Sheridan, WY 82801, USA ("we", "us", "our", or the "Company"), governing your access to and use of the website at noiretta.com and all related software, tools, and services (collectively, the "Service").

The Service is an adult, 18+ artificial-intelligence image and video generation tool. It allows you to create a persistent fictional character and generate private images and short video clips of that character from text instructions and reference images you supply.

By creating an account, accessing, or using the Service, you agree to these Terms, our Privacy Policy, our Content and Acceptable Use Policy, our Billing and Refund Policy, and all other policies referenced here, each of which is incorporated by reference. If you do not agree, you must not use the Service.

2. Adults only; eligibility

The Service contains sexually explicit material and is intended solely for consenting adults. You represent and warrant that you are at least 18 years old, or the age of majority in your jurisdiction if higher, and that you have the legal capacity to enter into this agreement.

You must not permit any minor to access the Service through your account or device. We employ an age gate, require an age attestation at registration, and may require additional age or identity verification before generation or payment, including verification through a third-party provider where required by law.

You may not use the Service if you are barred from doing so under the laws of the United States or your jurisdiction of residence, if you are located in a jurisdiction where adult content is unlawful, or if we have previously terminated your account.

It is your responsibility to know and comply with the laws applicable where you live and where you access the Service. Access from jurisdictions where this material is unlawful is prohibited.

3. Accounts and security

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity occurring under your account.

You must notify us promptly at [email protected] if you suspect unauthorized access. We may suspend an account to protect the Service or its users while we investigate.

Accounts are personal to you. You may not sell, transfer, share, or sublicense your account or your access to the Service.

4. Reference images, likeness, and consent

The Service allows you to upload reference images to establish a character's appearance. This is the single most legally sensitive aspect of the Service, and the following rules are strict and non-negotiable.

You may upload a reference image depicting a real, identifiable person only if one of the following is true:

• the image depicts you, and you are at least 18 years old; or
• the image depicts another living adult who is at least 18 years old and who has given you their specific, informed, and freely given consent to use their likeness to generate sexually explicit material, and who has not withdrawn that consent.

You may not upload images of any person under 18, of any person whose age you cannot verify, of any public figure or celebrity, or of any person who has not consented as described above. You may not upload images obtained from the internet, social media, dating applications, or any other source where consent has not been personally obtained by you.

When you upload a real-person reference, or request an identity model (see Section 5), you make an express attestation that you hold the required consent. We record that attestation, together with a timestamp, in an immutable audit log. You agree to retain evidence of the subject's consent and to provide it to us promptly on request.

A subject depicted in a reference image may contact us at [email protected] to request removal of their likeness. We will act on such requests in accordance with our Content Removal and Non-Consensual Imagery Policy, including the removal timelines described there, and we may do so without notice to you.

You acknowledge that creating or distributing sexually explicit depictions of an identifiable person without their consent is unlawful in most jurisdictions and may expose you to criminal and civil liability. We cooperate with lawful requests from law enforcement.

5. Identity models

The Service may allow you to train a per-character identity model from your reference images, so that generated content more consistently resembles the character.

For a character based on a real person, an identity model may be created only after you provide the express attestation described in Section 4. An identity model reproduces a person's likeness on demand and is therefore treated as a heightened-risk feature.

You may withdraw an identity model at any time through the Service, which stops it being used for future generation. We may remove or disable an identity model at any time, without notice, where we believe it may depict a person who has not consented, a minor, or where removal is required by law, by a payment processor, or by our infrastructure providers.

Identity models are derived works of the reference images you supply. You grant us the limited licence described in Section 7 for the purpose of creating and operating them.

6. Acceptable use

Your use of the Service is governed by our Content and Acceptable Use Policy, which forms part of these Terms. Without limiting that policy, you must not use the Service to create, request, or attempt to create:

• any depiction of a minor, or of any person who appears to be a minor, in a sexual or sexualized context, including virtual, animated, or AI-generated depictions;
• sexual content depicting any identifiable real person without their documented, informed consent;
• sexual content depicting any public figure, celebrity, politician, or other person of public prominence;
• non-consensual intimate imagery, including "deepfake" sexual content and content depicting a person in a sexual scenario they have not agreed to;
• depictions of rape, sexual violence, coercion, incest, bestiality, necrophilia, or torture;
• content intended to harass, defame, extort, degrade, or threaten any person;
• content that violates any applicable law, or the rules of our payment processors or infrastructure providers.

We operate automated and human review. We may refuse, block, or remove any request or output, and we may suspend or terminate accounts, at our discretion, to comply with law, protect people, or satisfy our providers' requirements.

Attempts to circumvent our safety systems — including prompt obfuscation, coded language, or the use of altered reference images to defeat screening — are a material breach of these Terms.

7. Your content and the rights you grant us

"Your Content" means the reference images, prompts, instructions, and other material you submit. "Output" means the images and video the Service generates for you.

As between you and us, you retain all rights you hold in Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify, and process Your Content and Output solely to operate, secure, support, and improve the Service, to enforce our policies, and to comply with law. This licence ends when the content is deleted, except for copies retained in backups or where retention is required by law or for the defence of legal claims.

We do not use Your Content or Output to train general-purpose or foundation models, and we do not sell it. Per-character identity models are trained only from your own reference images, only for your own account, and are not shared with other users.

Subject to your compliance with these Terms and applicable law, we assign to you such rights as we may hold in the Output, so that you may use it for lawful personal purposes. You acknowledge that the copyright status of AI-generated material is unsettled in many jurisdictions and that we make no representation that Output is protectable by copyright or free of third-party claims.

You are solely responsible for how you use, publish, or distribute Output outside the Service. The Service is a private creation tool, not a publishing or distribution platform.

8. Credits, pricing, and payment

The Service operates on prepaid credits. Credits are a limited, personal, non-transferable licence to request generation; they are not money, not a deposit, not stored value, and carry no cash value.

Prices and the credit cost of each generation type are displayed in the Service and may change prospectively. Changes do not affect credits already purchased.

Payments are processed by a third-party payment processor. Your purchase is additionally subject to that processor's terms. We do not receive or store your full payment card details.

Credits are consumed when a generation is submitted. Where a generation fails for a technical reason attributable to us, or is blocked by our safety systems, the credits for that generation are returned to your balance automatically. Repeated attempts that are refused for policy reasons may not be refunded.

Refunds are governed by our Billing and Refund Policy.

9. Service availability and changes

We provide the Service on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time. Where we discontinue the Service entirely, we will give reasonable notice and a reasonable opportunity to export your content and to seek a refund of unused credits.

Generative models are probabilistic. We do not warrant that any particular output will be produced, that output will match your instructions, or that output will be free of errors or artefacts.

10. Suspension and termination

You may stop using the Service and delete your account at any time through your account settings.

We may suspend or terminate your access immediately and without notice where we reasonably believe you have breached these Terms or the Content and Acceptable Use Policy, where required by law or by a provider, or where continued access presents a risk to any person.

On termination for cause arising from content that depicts a minor or a non-consenting person, unused credits are forfeited and no refund is due. On other terminations, the Billing and Refund Policy governs.

Sections 7, 11, 12, 13, 14, and 15 survive termination.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that our safety systems will identify every prohibited request or output.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence or for fraud.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

These limitations apply even if a limited remedy fails of its essential purpose, and allocate risk between the parties in exchange for the pricing of the Service.

13. Indemnity

You will indemnify, defend, and hold harmless the Company and its officers, employees, and suppliers from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or relating to: (a) Your Content, including any assertion that you lacked the consent or rights required by Section 4; (b) your use of any Output; (c) your breach of these Terms or of any applicable law; or (d) your infringement of the rights of any third party.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules, and, where applicable, by the federal laws of the United States.

Binding individual arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, seated in Sheridan County, Wyoming or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. YOU AND WE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking it. If this waiver is held unenforceable as to a particular claim, that claim proceeds in court and the remainder stays in arbitration.

Mass-arbitration protocol. Where 25 or more demands of substantially similar nature are filed by or with the coordination of the same counsel, the demands will be batched into groups of no more than 50 and resolved in sequential bellwether proceedings, with the outcomes used to inform a global mediation before further batches proceed. Limitations periods are tolled for unfiled demands while batching is underway.

Carve-outs and opt-out. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or to stop unauthorised use of the Service. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms; opting out does not affect any other provision.

Subject to the foregoing, the state and federal courts located in Sheridan County, Wyoming have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there.

If you are a consumer resident in the European Union or the United Kingdom, nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence, including your right to bring proceedings there.

15. General

These Terms, together with the policies incorporated by reference, are the entire agreement between you and us regarding the Service and supersede all prior understandings.

If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in force. Our failure to enforce a provision is not a waiver of it.

You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

We may amend these Terms. For material changes we will give at least thirty (30) days' notice by email or in-product notice before they take effect, except where a change must take effect sooner to comply with law or a provider requirement. Continued use after the effective date constitutes acceptance.

Notices to us must be sent to [email protected] and to 30 N Gould St #51295, Sheridan, WY 82801, USA.