Effective: May 21, 2025
Welcome to Nocative, a content-hosting platform where creators build, showcase, and exchange unique digital content in a protected, secure environment. Nocative provides three services: Content Marketplace (“Craft”), Chat Forum (“Forum”), and Fiction Archive (“Fiction”). By using Nocative’s Services, you agree to these Terms of Use (“Terms”) and accept associated rights and responsibilities. These Terms apply to all users: creators, buyers, registered users, and non-authenticated users.
1.1 General Browsing Access:
The public may browse Nocative-hosted content, excluding Craft and Fiction which Nocative provides demo section for unauthenticated users. Accessing Craft, premium Fiction content (non-free notes), or creating content requires a paid monthly or annual subscription.
1.2 Age Requirement:
Users must be 16 or older, per the Children’s Online Privacy Protection Act (COPPA). Users under 16 are prohibited from registering or using Nocative’s Services. We recommend users under 18 seek parental guidance for safe usage and income management.
1.3 Registration Requirements:
No Know-Your-Customer (KYC) verification is required for registration. Users need not provide real names or addresses. Optional KYC is available for Craft sellers to gain Verified Seller status, enhancing credibility. Additionally, Know-Your-Customer (KYC) verification is mandatory for all users purchasing or selling licenses, requiring face records, legal names, and ID cards to track sellers and buyers. KYC enhances credibility and ensures compliance. Verified Seller status is granted to Craft sellers upon KYC completion.
1.4 Account Security and Deactivation:
Users are responsible for protecting account credentials. Creators may delete unsold content and deactivate accounts without full deletion.
1.5 Reactivate Deactivated Account:
Users are required to have Time-based OTP code enabled. Only if security questions are verified can a deactivated account be restored.
1.6 Plan Changes:
Users may change plans (Free, Basic, Standard, Exclusive) once per billing cycle (monthly or annual), effective at the next cycle start.
2.1 User-Created Content:
Creators retain authorship and intellectual property rights for their content, securing recognition and protection even after sale.
2.2 Transfer of Ownership and Usage Rights:
Upon sale, buyers receive ownership of the digital file for personal use, resale, or licensed commercial use. Copyright and authorship remain with the creator. Upon resale, the seller relinquishes all rights (usage, copies) to the buyer.
2.3 Commercial Licenses:
Buyers may purchase perpetual, non-transferable commercial licenses (e.g., Editorial, Enterprise, Print) for Craft content, creator-approved, with a 5% platform fee on the license purchase. Licenses are non-resellable and terminate upon expiration (1 year for Web, Editorial, Entertainment, Print Commercial, Media, Commercial; 3 years for Resale Extended, Enterprise Sitewide). A 5% royalty on revenue applies to Resale Extended and Enterprise Sitewide licenses, as per agreement.
2.4 Secondary Creations:
Buyers may create unrecognizable secondary works, sold as primary sales (no royalties). Recognizable derivatives require creator consent.
2.5 Content Deletion by Creator:
Creators may delete unsold content. Nocative ceases protecting intellectual property of deleted content.
3.1 Permitted Use:
Users receive a limited, revocable license to access and use Nocative. Commercial activities are permitted in designated sections.
3.2 Permitted Activities:
3.3 Prohibited Activities:
Users must not:
3.4 Security and Integrity Compliance:
Users must not interfere with Nocative’s infrastructure, bypass security, or compromise Service integrity.
4.1 Paid Subscriptions:
Content creation and dedicated content access require a paid plan, detailed on our Pricing Page. Craft and Fiction plans include features such as license sales, collections, word limits, and premium content access, with specific fees and revenue cuts outlined on the Pricing Page.
4.2 Billing Cycle and Payment:
Subscriptions are billed at cycle start (monthly or annual). Users must maintain valid payment information (crypto via NOWPayments). Additional fees (e.g., add words, collections, notes) are charged upon purchase.
4.3 Revenue Sharing:
Craft Royalties (Non-Primary Sales):
Craft License Royalties (if applicable by licenses):
Fiction Premium Note Unlock (Reader Payments):
4.4 Refunds:
4.5 Royalties and Revenue Claims Post-Account-Deletion:
If a creator deletes their account, Craft royalties and Fiction Premium Note Unlock earnings are sent to the last registered crypto address. Unclaimed funds are held in escrow for 1 year, then forfeited. Claimants must provide proof of content ownership (e.g., original files, metadata) and transaction records to update addresses, subject to Nocative’s verification.
5.1 User-Initiated Termination:
Users may deactivate accounts, retaining historical access as needed.
5.2 Nocative’s Right to Suspend or Terminate Accounts:
Nocative may suspend/remove content or accounts violating Terms, infringing rights, or contravening laws/guidelines.
6.1 Informal Resolution:
Users agree to contact Nocative for informal dispute resolution before escalating.
6.2 Governing Law:
Terms are governed by applicable laws in your region (e.g., New Mexico/Wyoming for U.S. users).
6.3 Audit Rights:
Pendia LLC may request documentation (e.g., analytics, sales records) to verify compliance with license terms within 7 days of request. KYC-verified users must provide requested data. Failure to comply may result in termination of license's validity.
7.1 Changes to Terms:
Nocative may update Terms to reflect service improvements, regulatory changes, or security enhancements, with 30 days’ notice for material changes.
7.2 Acceptance of Updated Terms:
Continued use post-update signifies acceptance.
Thank you for joining the Nocative community. We’re committed to a safe, secure, and creative environment honoring your rights and work.