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NocheCam

CAM 02 · Terms

Terms of Use

Effective November 10, 2026

Before you start

These terms are a contract between you and Dailier Morata (“we”, “us”). By downloading or using NocheCam you accept them. Section 15 says that disputes are resolved by individual arbitration and that you waive class actions, unless you opt out within 30 days as explained there.

What we do with your data is described in the Privacy Policy, which is part of these terms.

1. Who provides the service

NocheCam is provided by Dailier Morata. Contact: support@nochecam.app.

2. Age

NocheCam is for adults. To use it and to make purchases you must be at least 18 years old or the age of majority in your state. It is not directed to children under 13.

3. What NocheCam is

NocheCam uses artificial intelligence to create fictional images that look like night-vision security camera footage of a magical visitor (Santa Claus, the Three Wise Men, the Tooth Mouse and others) in a room of your home, based on a photo you choose. You can customize the label, date, time and camera style, and ask for your pet to appear.

AI isn’t always right: results may vary, contain errors or not look like what you expected, and generation sometimes fails. We may change, improve or remove features, visitors and AI providers.

4. AI-generated content

NocheCam images are fiction generated by AI, not real recordings. Free photos carry the visible mark “Made with AI · NocheCam”, and images may carry the provider’s invisible AI watermarks (such as Google’s SynthID).

Using them to keep the holiday magic alive at home is exactly what they’re for. What you may not do is use them to deceive anyone in a way that could harm them: for example, presenting them as evidence of a real event, for fraud, to accuse or discredit someone, or as misinformation.

5. Your photos and your images

  • Only photos you may use, with no people. You must have the right to use the photo you upload (for example, because you took it in your own home), and no person may appear in it. We ask you to confirm this before every upload.
  • Permission to process it. You give us a limited permission to store your photo, send it to our AI providers and process it only to create your image, and to keep and delete it as described in the Privacy Policy. We don’t use it for anything else.
  • Your images. We don’t claim ownership of the images you create. You may use them for personal, non-commercial purposes, including sharing them with your family and on social media. Note that AI-generated content may not be protected by copyright and that the AI may create similar images for other people.
  • Save what you want to keep. We delete images from our servers after 7 days.

6. Purchases and the weekly plan

6.1 Free photos

Each device can create 3 free photos, with a visible watermark and lower resolution than paid ones. They are per device: reinstalling the app or deleting your data doesn’t give you more free photos. We may temporarily stop giving free photos from a given connection or at times of high demand.

6.2 Photo packs

Packs are a one-time payment that adds a number of photos to your balance, without watermark and in high quality. They don’t renew and aren’t charged again. They don’t expire while NocheCam is in service.

Pack photos belong to your anonymous user. If you reinstall the app or change phones, you can recover the ones you haven’t used with Settings → Restore purchases and the same Apple or Google account. If you use “Delete my data”, any unused pack photos are lost and can’t be restored.

6.3 Weekly plan (auto-renewing subscription)

  • It gives you up to 40 photos per week, without watermark and in high quality. Unused photos don’t carry over to the next week.
  • The price and period are shown in the app before you buy. Payment is charged to your Apple or Google account when you confirm the purchase.
  • It renews automatically every week at the same price unless you cancel at least 24 hours before the end of the current week. Your account is charged for renewal within the 24 hours before the end of each week.
  • To cancel: on iPhone, Settings → your name → Subscriptions; on Android, Google Play → your profile → Payments & subscriptions → Subscriptions. If you cancel, you keep the plan until the end of the week you already paid for.
  • Uninstalling the app or deleting your data does not cancel the subscription. It can only be cancelled from your Apple or Google account.
  • If we ever offer a free trial, it will be shown before you buy; if you don’t cancel before it ends, it will convert to the paid subscription.

6.4 Prices

Prices are shown in the app in your currency, with any taxes the store applies. We may change them; if the weekly plan price changes, Apple or Google will notify you as their rules require and, where needed, ask for your consent.

6.5 Refunds

Payments and refunds are handled by Apple or Google under their own policies: we can’t charge or refund money directly. To request a refund: for Apple, at reportaproblem.apple.com; for Google, from your Google Play order history. If a pack is refunded, the photos remaining from that pack are removed from your balance; if the weekly plan is refunded, it is deactivated.

6.6 Failed photos

If a photo can’t be created, we automatically return it to your balance. If the AI provider already charged us for that attempt (for example, because its content filter rejected the photo), we only return two such failures every 24 hours per user or device, because they cost money even though they produce no image.

6.7 Usage limits

To prevent abuse we apply reasonable limits, such as a maximum number of photos per hour per user and per connection. If you reach them, the app will ask you to wait a while.

7. Acceptable use

You may not use NocheCam to:

  • upload photos in which people appear, or photos of places or things you don’t have the right to use;
  • create or try to create sexual, violent, hateful or illegal content, or content that harms minors;
  • deceive others in a harmful way, impersonate anyone, harass, create fake evidence or documents, or spread misinformation;
  • remove or hide the watermark on free photos or the AI marks on images to pass them off as real;
  • get around our filters, limits or free-photo controls (for example, by faking device identifiers or using many devices or connections);
  • access the service with automated tools, or copy, decompile or reverse engineer the app or the server, except where the law allows it;
  • infringe anyone’s rights or break any law.

8. Moderation and reports

We use visitors with fixed instructions and our AI providers’ safety filters, which may reject photos or results. If an image is inappropriate or a real person appears, report it in the app with “Report this image”: we review it within 48 hours.

If you believe NocheCam was used to create an intimate image of someone without their consent, email us at support@nochecam.app with the subject “Urgent removal”: we will act within 48 hours. We may suspend access for anyone who breaks these terms.

9. App license and intellectual property

We grant you a personal, limited, non-exclusive, non-transferable and revocable license to use NocheCam on devices you control, under these terms and the rules of the store you downloaded it from. The app, its design, its texts, the NocheCam brand and the visitors as we depict them belong to us or our licensors.

If you download the app from the App Store, Apple’s Licensed Application End User License Agreement (standard EULA) also applies; regarding the app license, that agreement prevails in case of conflict. Apple is not a party to these terms and is not responsible for the app or its support.

Santa Claus, the Three Wise Men, the Tooth Mouse (Ratoncito Pérez), the Tooth Fairy and the other visitors are folklore characters; NocheCam is not affiliated with any brand or registered character.

10. Third-party services

NocheCam relies on third-party services (Apple, Google, Supabase, RevenueCat and AI providers). Your use may also be subject to their terms, and we are not responsible for their failures or outages.

11. No warranties

TO THE EXTENT PERMITTED BY LAW, NOCHECAM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT RESULTS WILL MEET YOUR EXPECTATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; IN THAT CASE, THESE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED.

12. Limitation of liability

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS OR REPUTATION, ARISING FROM THE USE OF NOCHECAM. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO NOCHECAM WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR 50 US DOLLARS. NOTHING HERE LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Indemnity

If you break these terms or the law when using NocheCam (for example, by uploading a photo you had no right to use or using an image to deceive someone), you will be responsible for any third-party claims this causes against us, including reasonable defense costs.

14. Suspension and end of service

You can stop using NocheCam whenever you like and delete your data from the app (remember to cancel the weekly plan in your Apple or Google account first if you don’t want it). We may suspend or end your access if you break these terms or to protect the service. If we decide to shut NocheCam down, we will announce it in the app with reasonable notice.

15. Arbitration and class action waiver

Please read this carefully: it affects how disputes are resolved.

  1. Talk to us first. Before starting an arbitration or lawsuit, email us at support@nochecam.app describing the issue; we will try to resolve it in good faith within 60 days.
  2. Individual arbitration. If we can’t resolve it, any dispute relating to NocheCam or these terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and governed by the Federal Arbitration Act. The arbitration may take place in writing, by video conference or in the county where you live.
  3. Exceptions. Either party may bring a case in small claims court if it qualifies, or ask a court for relief to stop the misuse of intellectual property.
  4. Class action waiver. Disputes are resolved only on an individual basis: neither you nor we may bring or take part in any class, consolidated or representative action or arbitration.
  5. Opting out. You can opt out of this section by emailing support@nochecam.app within 30 days of first accepting these terms, with the subject “Arbitration opt-out”.
  6. If any part of this section is found unenforceable, the dispute will be resolved in the state or federal courts of the State of Florida, unless the law of your state requires otherwise; the class action waiver cannot be severed from this section.

16. Governing law

These terms are governed by the laws of the State of Florida (USA) and US federal law, without regard to conflict-of-law rules. This does not take away any protection your state’s consumer laws give you.

17. Changes to these terms

If we change these terms, we’ll update the date at the top and, if the change is significant, let you know in the app before it takes effect. If you keep using NocheCam afterwards, you accept the new terms.

18. Other terms and contact

These terms and the Privacy Policy are the entire agreement between you and us about NocheCam. If a provision is invalid, the rest remains in force. Not enforcing a provision at some point doesn’t mean we waive it. You may not assign these terms; we may do so if NocheCam changes ownership. These terms are offered in English and Spanish; if they differ, the English version prevails.

Contact: support@nochecam.app.