TERMS OF USE
1. Acceptance of Terms
By creating an account, accessing, or using the NOIR application, operated by NOIR Collective LTD. ("NOIR," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use NOIR. We may update these Terms from time to time, and your continued use of NOIR after changes constitutes acceptance of the revised Terms.
2. Eligibility
You must be at least 19 years old to use NOIR. By creating an account, you represent and warrant that you are at least 19 years of age, are legally able to enter into a binding contract, and have not been previously banned from the platform. NOIR is not intended for anyone under the age of 19, and we do not knowingly collect information from minors.
3. Account Registration & Security
You agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. NOIR is not liable for any loss arising from unauthorized use of your account.
4. Membership & Admission
NOIR is a curated, application-based platform. Admission is at the sole discretion of NOIR and our review committee. We are not obligated to accept any application or provide reasons for rejection. Membership tiers (Gold, Platinum, NOIR) offer varying levels of access and features as described in the app. NOIR reserves the right to modify tier offerings and pricing at any time with reasonable notice.
5. Subscriptions & Payments
Paid memberships are processed and billed through the Apple App Store. By subscribing, you agree to the following:
- Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period.
- You may manage or cancel your subscription through your Apple App Store settings.
- No refunds are provided for partial billing periods or unused portions of a subscription.
- Price changes will be communicated in advance, and your continued subscription constitutes acceptance of updated pricing.
- The Gold tier is $65/mo and is the entry-level paid membership.
6. User Content
You retain ownership of content you submit to NOIR (photos, text, profile information). By posting content, you grant NOIR a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely for the purpose of operating and providing the service. You represent that you have the right to share all content you post and that it does not infringe on any third party's rights. We may remove content that violates these Terms or our Community Guidelines at our discretion.
7. User Conduct
You agree not to:
- Harass, threaten, stalk, or intimidate any member.
- Create false or misleading profiles or impersonate any person.
- Post explicit, violent, hateful, or illegal content.
- Use NOIR for commercial solicitation, advertising, or promotion without authorization.
- Attempt to access another member's account or any non-public areas of the platform.
- Use automated systems, bots, or scripts to interact with the service.
- Collect or harvest member information for any purpose.
- Transmit malware, spam, or any harmful code.
- Violate any applicable local, national, or international law or regulation.
8. Safety & Interactions
NOIR does not conduct criminal background checks on its members and does not verify the statements made by members. You are solely responsible for your interactions with other members. NOIR is not responsible for the conduct of any member, whether online or offline. Exercise caution and good judgment when communicating with or meeting other members.
9. Referral & Invitation System
Members may receive referral codes to share with prospective applicants. You agree not to sell, trade, or publicly distribute referral codes. NOIR reserves the right to invalidate referral codes at any time and to revoke membership of members who abuse the referral system.
10. Intellectual Property
The NOIR name, logo, design, and all associated trademarks, graphics, and software are the property of NOIR and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from any NOIR materials without our prior written consent.
11. Termination
We may suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms, our Community Guidelines, or is harmful to other members or the platform. You may delete your account at any time through the Settings menu. Upon account deletion, your profile data will be permanently removed in accordance with our Privacy Policy.
12. Disclaimer of Warranties
NOIR is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We do not guarantee that the service will be uninterrupted, secure, or error-free. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the fullest extent permitted by applicable law, NOIR and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of or inability to use the service. Our total liability for any claim related to the service shall not exceed the amount you paid to NOIR in the twelve (12) months preceding the claim.
14. Indemnification
You agree to indemnify, defend, and hold harmless NOIR and its affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the service, your violation of these Terms, or your violation of any rights of another person or entity.
15. Governing Law & Disputes
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of NOIR shall be resolved through binding arbitration administered by the ADR Institute of Canada, except that either party may seek injunctive relief in any court of competent jurisdiction.
16. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated through the app or via email. Your continued use of NOIR after such changes constitutes acceptance of the updated Terms.
17. Contact
For questions about these Terms of Use, contact us at support@noirmembers.com.