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Terms of Service & End User License Agreement

Effective Date: January 1, 2024·Last Updated: April 12, 2026

Welcome to Eternem. These Terms of Service and End User License Agreement (collectively, these “Terms”) constitute a legally binding agreement between you (“you” or “User”) and Eternem Inc., a Delaware corporation (“Eternem,” “we,” “us,” or “our”). These Terms govern your access to and use of the Eternem website located at https://eternem.app (the “Website”), the Eternem mobile applications available on the Apple App Store and Google Play (the “App”), and all related services, features, and content (collectively, the “Service”).

Please read these Terms carefully before using the Service. By creating an account, downloading the App, or otherwise accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you represent and warrant that you are at least 13 years of age (or the minimum age required in your jurisdiction) and have the legal capacity to enter into these Terms. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and that organization.

2. Description of Service

Eternem is an Eternal Media platform that enables users to create, preserve, and share personal content through time-locked digital capsules. The Service includes, without limitation:

  • Capsules: Digital containers for text, photos, videos, and voice recordings that can be secured with various lock mechanisms, including Date Locks (unlock at a future date), Moment Locks (unlock upon a specific life event), Location Locks (unlock at a geographic location), and Manual Locks (unlock on demand).
  • Voice-to-Capsule: Voice recording functionality that converts spoken content into capsules.
  • Eterna AI: An artificial intelligence companion that learns from your content to provide personalized experiences and legacy representation.
  • Eternem Circles: Private group spaces where members can share capsules and content with selected individuals.
  • Feelings Tracking: Tools for recording and reflecting on emotional states over time.
  • Messaging: Communication features for connecting with other users within the platform.

Eternem reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Responsibilities

3.1 Account Creation

To access most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate, current, and complete.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify Eternem at hello@eternem.com of any unauthorized use of your account or any other breach of security. Eternem will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per Person

Each individual may maintain only one account. You may not create accounts for other individuals without their express permission, nor may you create accounts using false or misleading information.

3.4 Account Responsibility

You are responsible for all activity that occurs under your account, whether or not you authorized such activity. You must not share your account credentials with any third party.

4. User Content and Ownership

4.1 Your Content

You retain all ownership rights in and to the content you create, upload, store, or share through the Service, including but not limited to text, photographs, videos, voice recordings, and any other materials (collectively, “User Content”). Eternem does not claim ownership of your User Content.

4.2 License Grant to Eternem

By submitting User Content to the Service, you grant Eternem a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and process your User Content solely to the extent necessary to provide, maintain, and improve the Service. This includes, without limitation:

  • Storing and encrypting your User Content on our infrastructure;
  • Processing your User Content to deliver features such as Eterna AI personalization;
  • Displaying your User Content to recipients you designate (e.g., Circle members, capsule recipients);
  • Creating backups to ensure the durability and availability of your User Content.

This license continues for as long as your User Content is stored on the Service and terminates when you delete your User Content or your account, except to the extent that copies exist in our reasonable backup systems, which will be purged in the normal course of operations.

4.3 Shared and Delivered Content

When you share User Content through Circles, send capsules to other users, or otherwise make content available to third parties through the Service, you understand that recipients may retain their own copies of such content. Eternem is not responsible for how recipients use content you have chosen to share with them.

4.4 Content Representations

You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to submit your User Content; (b) your User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, or other legal rights; and (c) your User Content complies with these Terms and all applicable laws and regulations.

5. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable local, state, national, or international law or regulation;
  • Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable;
  • Upload or share content that depicts the sexual exploitation or abuse of minors;
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
  • Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service;
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service;
  • Use any automated means, including bots, scrapers, or spiders, to access the Service without our express written permission;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App or any part of the Service;
  • Circumvent, disable, or interfere with any security or access control features of the Service, including capsule lock mechanisms;
  • Use the Service to send unsolicited communications, spam, or bulk messages;
  • Use the Eterna AI feature to generate content that violates these Terms or applicable law; or
  • Encourage or facilitate any of the foregoing activities by any third party.

Eternem reserves the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing offending content, suspending or terminating the violator’s account, and reporting the violator to law enforcement authorities.

6. Subscription Tiers and In-App Purchases

6.1 Service Tiers

Eternem offers multiple service tiers, including a free tier and premium tiers (currently designated as “Gold” and “Platinum”). Premium tiers provide access to additional features and enhanced functionality. The specific features available in each tier are described in the App and on the Website and may change from time to time.

6.2 Billing and Payment

All premium subscriptions and in-app purchases are processed through the Apple App Store or Google Play Store (each, a “Platform Provider”), depending on your device. By making a purchase, you agree to the applicable Platform Provider’s payment terms and conditions. Eternem does not directly process payment transactions for in-app purchases.

6.3 Subscription Renewal and Cancellation

Premium subscriptions automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period, and you will continue to have access to premium features until that period expires.

6.4 Refunds

Refunds for in-app purchases are handled by the applicable Platform Provider in accordance with their refund policies. Eternem does not directly issue refunds for purchases made through the App Store or Google Play Store. If you believe you are entitled to a refund, please contact the applicable Platform Provider directly.

6.5 Price Changes

Eternem reserves the right to change subscription pricing at any time. Price changes for existing subscriptions will take effect at the start of the next billing period following reasonable notice to you. Your continued use of the premium Service after a price change constitutes your acceptance of the new price.

6.6 Free Tier

Eternem may modify the features and limitations of the free tier at any time without notice. Access to the free tier does not guarantee ongoing availability of any specific feature.

7. Eterna AI

7.1 Nature of Eterna AI

Eterna AI is an artificial intelligence feature that processes your User Content to provide personalized interactions, reflections, and legacy representation. Eterna AI learns from the content you provide to offer an experience tailored to you.

7.2 Not Professional Advice

Eterna AI is not a substitute for professional advice of any kind. Eterna AI does not provide and should not be relied upon for medical, legal, financial, psychological, therapeutic, or any other professional advice. If you need professional assistance, consult a qualified professional. Eternem expressly disclaims all liability for any actions you take or fail to take based on Eterna AI’s output.

7.3 Accuracy Disclaimer

Eterna AI generates responses using artificial intelligence technology. While we strive for accuracy, Eterna AI may produce responses that are inaccurate, incomplete, outdated, or inappropriate. Eterna AI’s outputs do not represent the views or opinions of Eternem. You should independently verify any information provided by Eterna AI before relying on it.

7.4 AI Training and Processing

By using the Eterna AI features, you consent to the processing of your User Content by our AI systems for the purpose of providing the Eterna AI experience. This processing is subject to our Privacy Policy. Eternem does not sell your User Content or use it to train general-purpose AI models unrelated to your personal Eterna AI experience.

8. Time-Locked Capsules

8.1 Capsule Lock Mechanisms

Eternem provides various lock mechanisms for capsules, including Date Locks, Moment Locks, Location Locks, and Manual Locks. These mechanisms are designed to restrict access to capsule content until specified conditions are met.

8.2 Reasonable Efforts

Eternem will use commercially reasonable efforts to ensure that capsules unlock in accordance with their designated conditions. However, Eternem does not guarantee perfect precision in the timing, location detection, or event triggering of capsule unlocks. Factors such as device settings, network connectivity, GPS accuracy, operating system restrictions, and server availability may affect unlock behavior.

8.3 No Absolute Security Guarantee

While Eternem employs AES-256-GCM encryption and other security measures to protect capsule content, no system is completely secure. Eternem does not guarantee that capsule contents will remain inaccessible in all circumstances, including in the event of a security breach, legal process, or extraordinary technical failure.

8.4 Capsule Preservation

Eternem will use commercially reasonable efforts to preserve your capsules for the duration of your account. However, Eternem does not guarantee indefinite preservation of capsule content and is not liable for any loss of data resulting from service changes, account termination, or events beyond our reasonable control.

9. Circles and Shared Content

9.1 Eternem Circles

Eternem Circles are private group spaces within the Service. Circle creators and administrators are responsible for managing Circle membership and the content shared within their Circles.

9.2 Content Visibility

Content shared within a Circle is visible to all members of that Circle unless otherwise specified by the sharing user. You should carefully consider what content you share in Circles, as other members may view, save, or reference that content.

9.3 Departure from Circles

If you leave a Circle or are removed by an administrator, content you previously shared within the Circle may remain visible to other Circle members. Your access to other members’ shared content within that Circle will be revoked.

10. Intellectual Property

10.1 Eternem’s Intellectual Property

The Service, including but not limited to the App, Website, software, algorithms, user interface designs, graphics, logos, trademarks (including “Eternem,” “Eterna,” “Eterna AI,” “Eternem Circles,” and all associated logos and designs), trade dress, documentation, and all other materials created by or on behalf of Eternem, are the exclusive property of Eternem or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

10.2 Limited License to Users

Subject to your compliance with these Terms, Eternem grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a device that you own or control, and to access and use the Website and Service, solely for your personal, non-commercial use. This license does not include the right to: (a) modify, adapt, or create derivative works of the Service; (b) distribute, sublicense, lease, rent, or lend the Service to any third party; (c) reverse engineer, decompile, or disassemble any part of the Service; or (d) use the Service for any commercial purpose without Eternem’s prior written consent.

10.3 Feedback

If you provide Eternem with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant Eternem an irrevocable, perpetual, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

10.4 Copyright Infringement

Eternem respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please send a notice compliant with the Digital Millennium Copyright Act (DMCA) to hello@eternem.com. Your notice must include: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material and its location on the Service; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized; and (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

11. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy. Capsule content is encrypted using AES-256-GCM encryption, and our infrastructure is hosted on Google Cloud through Firebase. For complete details about our data practices, please review our Privacy Policy.

12. Disclaimers

12.1 “As Is” and “As Available”

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ETERNEM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 No Warranty of Reliability

ETERNEM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ETERNEM DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION PROVIDED THROUGH THE SERVICE, INCLUDING ETERNA AI OUTPUT.

12.3 Capsule and Data Preservation

WHILE ETERNEM USES COMMERCIALLY REASONABLE EFFORTS TO PRESERVE YOUR DATA AND CAPSULES, ETERNEM DOES NOT GUARANTEE THE PERMANENT PRESERVATION, SECURITY, OR AVAILABILITY OF ANY USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUP COPIES OF ANY USER CONTENT THAT IS IMPORTANT TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ETERNEM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • Your access to, use of, or inability to access or use the Service;
  • Any conduct or content of any third party on the Service;
  • Any loss, corruption, or unauthorized access to your User Content, including capsule content;
  • Any failure of capsule lock mechanisms to operate as intended;
  • Any reliance on Eterna AI output or any other content obtained through the Service; or
  • Any other matter relating to the Service.

IN NO EVENT SHALL ETERNEM’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO ETERNEM (DIRECTLY, NOT THROUGH A PLATFORM PROVIDER) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Eternem, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third party’s rights. Eternem reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

15. Termination

15.1 Termination by You

You may terminate your account at any time by deleting your account through the App settings or by contacting us at hello@eternem.com. Upon termination, your right to use the Service ceases immediately. If you have an active premium subscription, cancellation of your account does not automatically cancel your subscription through Apple or Google—you must separately cancel your subscription through the applicable Platform Provider.

15.2 Termination by Eternem

Eternem may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, including but not limited to cases where we reasonably believe: (a) you have violated these Terms; (b) your use of the Service creates risk or legal exposure for Eternem; (c) your account should be removed due to prolonged inactivity; or (d) provision of the Service to you is no longer commercially viable.

15.3 Effect of Termination

Upon termination, your license to use the Service terminates immediately. Eternem may, but is not obligated to, delete your User Content, including capsules, following account termination. Sections of these Terms that by their nature should survive termination (including but not limited to Sections 4.2, 5, 10, 12, 13, 14, 16, 17, and 18) will survive termination.

15.4 Data Export

Prior to terminating your account, you are responsible for exporting any User Content you wish to retain. Eternem may provide data export tools but is not obligated to do so. Once your account is terminated, Eternem has no obligation to maintain or provide access to your User Content.

16. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Eternem agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Wilmington, Delaware, for the purpose of litigating any such dispute.

17. Dispute Resolution

17.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Eternem at hello@eternem.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith communication.

17.2 Binding Arbitration

If we are unable to resolve a dispute informally, you and Eternem agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (excluding claims for injunctive or equitable relief as set forth below) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted in English and shall take place in Wilmington, Delaware, or at another mutually agreed location, or remotely via video conference if permitted by the AAA rules. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND ETERNEM AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

17.4 Exceptions

Notwithstanding the foregoing, either party may bring an action in court for injunctive or equitable relief to protect its intellectual property rights. Additionally, claims within the jurisdiction of a small claims court may be brought in such court.

18. Changes to These Terms

Eternem reserves the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service, by email, or by other reasonable means at least thirty (30) days before the changes take effect. The “Last Updated” date at the top of these Terms indicates when the most recent revisions were made. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements or policies incorporated by reference, constitute the entire agreement between you and Eternem regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

Eternem’s failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Eternem.

19.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without Eternem’s prior written consent. Eternem may assign these Terms without restriction. These Terms are binding upon and inure to the benefit of each party’s successors and permitted assigns.

19.5 Force Majeure

Eternem shall not be liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or failures of third-party service providers.

19.6 Third-Party Beneficiaries

Apple Inc. and Google LLC are intended third-party beneficiaries of these Terms solely with respect to the sections governing the use of the App distributed through their respective platforms. Except as expressly provided, there are no other third-party beneficiaries to these Terms.

19.7 Electronic Communications

By using the Service, you consent to receiving electronic communications from Eternem (e.g., email, push notifications, in-app messages). You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

20. Apple App Store and Google Play Additional Terms

The following additional terms apply if you download the App from the Apple App Store or Google Play Store:

20.1 Apple App Store

  • These Terms are between you and Eternem only, not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content.
  • The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
  • Eternem, not Apple, is solely responsible for the App and the content thereof, including maintenance, support, warranty, and any claims related to the App (e.g., product liability, legal compliance, intellectual property infringement).
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims relating to the App or your possession or use of the App.
  • Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

20.2 Google Play Store

  • These Terms are between you and Eternem only, not with Google LLC (“Google”). Google is not responsible for the App or its content.
  • Your use of the App from Google Play is subject to the then-current Google Play Terms of Service.
  • Google is a third-party beneficiary of these Terms solely with respect to Section 20.2. Google has no obligation or liability to you with respect to the App or these Terms.

21. Export Controls

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

22. U.S. Government Rights

The App and related documentation are “Commercial Items” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with these provisions, the App is being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms.

23. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Eternem Inc.
Email: hello@eternem.com
Website: https://eternem.app

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and End User License Agreement.