1. Who we are and what this covers
These terms are an agreement between you and Timothy Sell ("NYVELLE", "we"). They cover the NYVELLE website at nyvelle.app and the NYVELLE app (together, the "Service"). By creating an account or using the Service you agree to them. If you don't agree, don't use the Service. The Service is safe for work (SFW): sexually explicit content is not offered or allowed (Section 5). We may transfer this agreement to a company we control, such as a limited liability company formed to run NYVELLE, or to a successor that takes over the Service. We will tell you by email first, and your rights under these terms will not change because of the transfer.
2. Adults only: 21 and over
The Service is for adults aged 21 or older. You confirm at signup that you are at least 21 and that it is legal for you to use a service like this where you live. We remove accounts that break this rule and may refuse service to anyone. The Service is available only in the United States and its territories (Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands and the U.S. Minor Outlying Islands). We use your approximate location from your IP address to keep it unavailable elsewhere.
3. The characters are AI
Every character on the Service is a fictional adult generated by software. Characters are not people, do not have feelings, and cannot give advice you should rely on. The Service is entertainment and interactive fiction. It is not a substitute for medical, mental-health, legal or financial help, and it does not provide therapy, counselling or any other professional service, even when a story casts a character as a doctor, therapist or other professional. If you need support, see the crisis resources. See the AI disclosure.
4. Your account
- You can try a few replies without an account (the guest preview). These terms apply to the preview too. The preview is kept for 24 hours unless you save it by creating a free account or signing in.
- One account per person. You sign in with a code sent to your email, so keep that email account secure; you are responsible for activity on your account.
- Give us an email address that works, so we can send notices (including notice before changes, Section 9).
5. Rules of use
Safe for work. NYVELLE is a safe-for-work (SFW) service. Sexually explicit content is not offered and is not allowed on the Service, in chats, characters, profiles or images, including between consenting adults or fictional adult characters. Romantic stories are allowed; sexually explicit material is not.
You may not use the Service to:
- create, request or share sexual content involving minors or characters presented as minors, or anything that sexualises childlike traits;
- depict real people (public figures or private individuals) without their consent, or impersonate anyone;
- create, request or share sexually explicit content of any kind, non-consensual sexual content, content glorifying sexual violence, or incest or step-family themes;
- harass, threaten or defraud anyone, or break any law;
- attempt to extract, scrape or reverse-engineer the Service, its models or other users' data;
- share your account, resell access, or use automated tools to exceed plan limits.
We moderate text and images automatically and by human review on report. Breaking these rules can mean removal of content, loss of gems or plan access, or termination without refund.
6. Your content and ours
Yours. You own the characters you write, the chats you have and the images you generate, to the extent the law allows ownership of AI-assisted output. You give us a licence to store, process and display that content only to run the Service for you.
Ours. The NYVELLE characters, portraits, names, writing, design and software are ours or our licensors'. You may use them within the Service and in your personal exports. You may not resell or republish our characters as your own.
Export. You can export your characters (Character Card V2 files), chats, saved memories and images at any time, on every plan. The export is yours. Images removed under our Takedown policy are not included.
Copyright (DMCA) and repeat infringers. We respond to notices of claimed copyright infringement under the US Digital Millennium Copyright Act (17 U.S.C. § 512). When we receive a valid notice we remove or disable the material and tell you; you can send a counter-notice, and we restore the material 10 to 14 business days later unless the complaining party tells us it has gone to court. We record valid notices against the account involved: two in 12 months mean a warning and loss of image creation, and a third means termination of the account. Accounts created to get around a termination are closed. How to send a notice or counter-notice, and our designated agent, are on the Takedown and DMCA page.
Intimate images and likeness. Non-consensual intimate images are removed within 48 hours of a valid request under the TAKE IT DOWN Act; see the Takedown page.
7. Plans, payments, cancellation and refunds
Free plan. Candlelight is free: 30 messages each day, up to 10 voiced replies each day (up to 1,500 characters of each reply) and up to 3 active companions, with no card required. The allowance resets at midnight UTC. At busy times free messages can pause briefly, and on any plan you may wait in a short line before your chat opens; the app shows your place in line.
Memberships. Memberships and gems can be bought only with a billing address in the 50 states or the District of Columbia; checkout asks for your billing address. You can use the free plan from the US territories listed in Section 2, but we cannot yet accept a billing address there: a membership bought with one is cancelled and refunded automatically, and a gem pack bought with one is refunded and its gems are not added. Moonlight ($4.99 a month or $39.99 a year), Velvet ($11.99 a month or $99.99 a year) and Starlight ($24.99 a month or $199.99 a year) are billed by card through Stripe, in US dollars. Sales tax is added only where we are required to collect it; checkout shows any tax and the total before you pay. Any other tax that applies to your purchase where you live is your responsibility. Each plan's monthly allowances are listed on the pricing page; yearly plans reset their allowances every month. Daily caps and fair-use limits described there apply.
Automatic renewal. A monthly plan renews every month and a yearly plan every year, on the same date and at the price you agreed to, until you cancel. Before you pay, the app shows the price and renewal terms and asks you to tick a box agreeing to them. We email an acknowledgment with these terms and a cancellation link. Before each yearly renewal we email two reminders, about 35 and 25 days before it, with the renewal date, the amount and how to cancel, and every member gets a yearly reminder of the terms. For price increases, see Section 9.
Cancellation. Cancel online anytime in Account → Manage billing (Stripe's secure billing page). No phone call or email is needed. To avoid the next charge, cancel before 11:59 PM Pacific time on the day before your renewal date. Your membership stays active until the end of the month or year you already paid for, and you are not charged again. Your companions, chats and export stay available.
Gems. Gems are one-time top-ups ($4.99 for 1,500, $9.99 for 3,500, $19.99 for 8,000). They do not renew, do not expire while your account exists, are used after your free and plan allowances, have no cash value, cannot be transferred and work on NYVELLE only. A voiced reply paid with gems costs 1 gem per started 1,000 characters of the reply, charged once per reply. If a generation fails on the provider's side, its gems come back.
Refunds. A first membership payment can be refunded within 14 days if you have used fewer than 20 messages or images on the plan. Gem packs can be refunded within 14 days if no gems were used. Write to [email protected]. If a reply, voice or image fails on the provider's side, the message, voiced reply, image or gems it used come back. When a payment is fully refunded, the plan allowance or gems it paid for are removed; after a partial refund your plan allowance stays, and gems are removed in proportion to the amount refunded. If you dispute a charge with your bank, the allowance or gems from that payment are removed and your account is paused, except reading and exporting your data, while we review the dispute; if the dispute is decided in our favor, the membership period comes back. Please write to us first, as we can usually fix billing problems faster. Nothing here limits refund rights that the law gives you.
8. Models, voices and third-party providers
Replies are generated by DeepSeek V4 Flash, served by DeepInfra, and voices by Kokoro (also served by DeepInfra). Where a plan includes premium-model replies, they use DeepSeek V4.1 Flash on DeepInfra once that feature is switched on. Generated images are made by Runware once image creation is open in the app. Messages and images are checked by OpenAI's moderation service. Providers can change their terms or retire models. When that affects you we follow Section 9.
9. Notice before changes
If we retire a model, change prices, or materially change these terms or a policy, we email you first and include an export link. Model retirements get at least 30 days' notice. For a price increase on a membership, we email you between 7 and 30 days before the new price takes effect, with how to cancel; the new price applies only from a renewal after that notice, and you can cancel online before it at no cost. If you are charged a new price you did not want, you can cancel within 14 days after that charge and we refund the unused part of it.
10. Ending the agreement
You can stop using the Service and delete your account at any time. Deleting your account also cancels any membership renewal, so you are not charged again. Unused gems and plan allowance end with the account and are not refunded, except as Section 7 or the law provides. We can suspend or terminate accounts that break Section 5, or that reach the repeat-infringer threshold in Section 6, after notice where the law requires it. If we shut the Service down, we give at least 60 days' notice with export available throughout.
11. Disclaimers and limits
The Service is provided "as is". AI output can be wrong, odd or upsetting; use judgement. To the extent the law allows, we are not liable for indirect or consequential loss, and our total liability to you is limited to the amount you paid us in the 12 months before the claim. Nothing in these terms limits rights that consumer law gives you and that cannot be waived.
12. Governing law and disputes
Governing law: Illinois, United States. Disputes are handled by the state and federal courts located in Illinois, except that either of us may bring an individual claim in small-claims court where it qualifies. Contact us first at [email protected]; most problems are solved by email.
13. Contact
Timothy Sell
28116 W Maple Ave, Wauconda, IL 60084
[email protected]