Terms of Service

Effective Date: January 1, 2025 Last Updated: January 1, 2025

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING OR USING ETERNITY WAVE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND LIMITATIONS OF LIABILITY THAT AFFECT YOUR LEGAL RIGHTS.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Eternity Wave ("we", "us", "our", or "Service Provider") governing your access to and use of the Eternity Wave digital legacy preservation service (the "Service").

By creating an account, accessing the website, or using the Service in any manner, you:

Acknowledge that you have read and understood these Terms
Agree to be bound by these Terms and our Privacy Policy
Represent that you have the legal capacity to enter into this agreement
Consent to electronic communications and transactions

2. Description of Service

Eternity Wave is a digital legacy preservation platform that enables users to:

Store digital assets, documents, and personal information
Create scheduled events and messages for future delivery
Designate beneficiaries to receive access to specified content upon verified death
Appoint executors to manage account administration post-mortem
Set up periodic life verification checks
Create AI-based digital representations (AI Legacy feature)
Preserve memories, stories, and personal values for future generations

IMPORTANT: The Service is designed to facilitate digital legacy transmission based on death verification processes. We make reasonable efforts to preserve and deliver your content, but WE MAKE NO GUARANTEES OR WARRANTIES regarding successful delivery, data preservation, or service availability.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to create an account and use the Service. Users between 16-18 may use the Service with documented parental consent.

3.2 Registration Accuracy

You agree to:

Provide accurate, current, and complete registration information
Maintain and promptly update your account information
Be responsible for all activities under your account
Maintain the confidentiality of your password
Immediately notify us of unauthorized account access

3.3 Account Restrictions

One person may not maintain multiple active accounts unless expressly authorized. We reserve the right to terminate duplicate or fraudulent accounts.

3.4 Account Transfer

Accounts are personal and non-transferable. You may not sell, rent, or transfer your account to any third party.

4. User Content and Responsibilities

4.1 Your Content

You retain all ownership rights to content you upload ("User Content"). By uploading User Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

Store, backup, and preserve your content
Display content to you and your designated beneficiaries/executors
Process content for AI Legacy features (if you enable this feature)
Make technical copies for service operation and disaster recovery

This license terminates when you delete content or close your account, except for:

Content already accessed by beneficiaries
Backups retained for disaster recovery (up to 90 days)
Content required for legal compliance

4.2 Content Restrictions

You agree NOT to upload, store, or transmit content that:

Violates any law, regulation, or third-party rights
Contains malware, viruses, or harmful code
Infringes intellectual property rights
Contains child sexual abuse material (CSAM)
Promotes violence, terrorism, or illegal activities
Harasses, threatens, or defames others
Contains confidential information belonging to others without authorization
Violates export control laws

4.3 Content Monitoring

We do NOT actively monitor User Content. However, we reserve the right to:

Review content if we receive abuse complaints
Remove content that violates these Terms
Report illegal content to authorities
Suspend or terminate accounts for violations

NO AFFIRMATIVE DUTY: We have no obligation to monitor, edit, or control User Content and disclaim all liability for User Content to the maximum extent permitted by law.

4.4 Prohibited Uses

You agree NOT to:

Use the Service for any illegal purpose
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Service
Use automated systems (bots, scrapers) without permission
Impersonate others or misrepresent your affiliation
Engage in any conduct that could damage our reputation
Reverse engineer or attempt to extract source code
Use the Service to spam or send unsolicited communications

4.5 Backup Responsibility

CRITICAL: You are solely responsible for maintaining your own backups of all User Content. While we employ redundancy and backup systems, we are not a backup service. Do not rely solely on Eternity Wave as your only copy of important information.

5. Life Verification and Death Confirmation

5.1 Life Check System

You configure the frequency of life verification emails
You must respond to verification emails to confirm you are alive and have account access
Failure to respond triggers escalation to designated verification contacts
Multiple failed verifications may result in death confirmation initiation

5.2 Verification Contacts

You designate trusted contacts who can verify your death
These contacts receive verification requests after failed life checks
They can confirm or deny your death
False death reports are strictly prohibited and may result in legal action

5.3 Death Confirmation Process

Multiple verification methods may be used
We may attempt to contact you before final confirmation
Death confirmation triggers beneficiary access activation
This process is automated and may result in irreversible consequences

IMPORTANT WARRANTIES:

You warrant that all designated verification contacts have consented to this role
You warrant that information provided for death verification is accurate
You acknowledge that false death reports constitute fraud and breach of contract

5.4 Reversal of False Death Confirmation

If a death is confirmed in error:

Contact us immediately at support@eternitywave.com
Verification of your identity will be required
Access may be restored, but content accessed by beneficiaries cannot be "un-accessed"
We are not liable for consequences of false death confirmations absent our gross negligence

6. Beneficiaries and Executors

6.1 Beneficiary Rights

Beneficiaries receive access only to content you explicitly designate for them
Access is activated upon verified death confirmation
Beneficiaries do NOT gain account ownership or control
Beneficiaries cannot modify or delete content
Access may be time-limited or permanent based on your settings

6.2 Executor Rights and Responsibilities

Executors gain administrative access to manage your account post-mortem
Executors can manage beneficiary access, update settings, and renew subscriptions
Executors CANNOT decrypt password-protected content without the password
Executors have fiduciary duties to manage the account according to your wishes
Executor appointments are legally significant - choose carefully

6.3 Disputes

We are not responsible for disputes between beneficiaries, executors, or heirs
Legal disputes must be resolved independently
We may suspend access pending court orders in dispute situations
Court-ordered changes to beneficiary/executor access will be honored

7. Payment Terms and Subscriptions

7.1 Subscription Plans

Service access requires an active subscription plan
Plans vary by storage quota and features
Trial periods may be offered with limited functionality
Prices are subject to change with notice

7.2 Payment Processing

Payments are processed securely through Stripe
You authorize recurring charges for subscription renewals
All fees are non-refundable except as required by law
Failed payments may result in account suspension or termination

7.3 Free Trial

Free trials are for new users only
One trial per person/household
We reserve the right to cancel fraudulent trial accounts
Trial accounts may have reduced storage or feature limitations

7.4 Subscription Renewals

Subscriptions auto-renew unless cancelled
You will be charged for the renewal period
Cancel anytime via account settings
Cancellation takes effect at the end of the current billing period

7.5 Post-Mortem Subscriptions

Executors may renew subscriptions to maintain account access
Failure to renew may result in account closure and data deletion
Grace periods may be provided at our discretion
Beneficiary-paid subscriptions may be offered

7.6 Refund Policy

NO REFUNDS: All payments are final and non-refundable, except:

Where required by applicable law
Where we terminate your account for reasons other than Terms violations
Where technical failures prevent service access for extended periods

7.7 Taxes

You are responsible for all applicable taxes. Prices are exclusive of taxes unless otherwise stated.

8. Intellectual Property Rights

8.1 Our IP

The Service, including software, design, logos, trademarks, and proprietary technology, is owned by Eternity Wave or our licensors and protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes, subject to these Terms.

8.3 Restrictions

You may not:

Copy, modify, or create derivative works of the Service
Distribute, sell, lease, or sublicense the Service
Remove or alter any proprietary notices
Use our trademarks without written permission

8.4 Feedback

Any feedback, suggestions, or ideas you provide become our property and may be used without compensation or attribution.

9. Service Modifications and Availability

9.1 Service Changes

We reserve the right to:

Modify, suspend, or discontinue any feature or the entire Service
Change pricing with reasonable notice
Update these Terms (see Section 17)
Impose usage limits or restrictions

NO GUARANTEE OF CONTINUITY: We do not guarantee the Service will remain unchanged or available indefinitely.

9.2 Maintenance and Downtime

We may perform maintenance causing temporary unavailability
We will attempt to provide notice but are not required to do so
We are not liable for downtime or service interruptions

9.3 Service Termination by Us

We may suspend or terminate the Service:

For all users (with notice if feasible)
Due to force majeure events
For legal or regulatory reasons
For business reasons in our sole discretion

10. Account Termination

10.1 Termination by You

You may close your account at any time via account settings. Upon closure:

Access terminates immediately
Data is scheduled for deletion within 90 days
No refunds are provided for unused subscription time
Post-mortem beneficiary access settings are cancelled

10.2 Termination by Us

We may suspend or terminate your account:

For violations of these Terms
For fraudulent activity
For illegal use of the Service
For failure to pay subscription fees
For extended inactivity (with notice)
At our discretion with or without cause

10.3 Effects of Termination

Upon termination:

Your access rights immediately cease
We may delete your data
Outstanding payment obligations survive termination
Provisions intended to survive termination remain in effect

10.4 Data Retrieval

Before account deletion, you have a limited time (as specified in deletion notice) to export your data. After deletion, data recovery is not possible.

11. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR RELIABILITY
CONTINUOUS OR ERROR-FREE OPERATION
SECURITY OR FREEDOM FROM VIRUSES

11.2 No Guarantees

WE DO NOT WARRANT OR GUARANTEE:

Successful delivery of content to beneficiaries
Data preservation or integrity
Prevention of unauthorized access or data breaches
Availability or uptime
Compatibility with your devices or systems
Results of using the Service

11.3 Death Verification Accuracy

WE DO NOT GUARANTEE the accuracy of death verification processes. False positives and false negatives may occur. You acknowledge this inherent uncertainty and accept associated risks.

11.4 Third-Party Services

Third-party service providers (payment processors, email services, storage providers) are beyond our control. We disclaim all liability for their actions, failures, or data breaches.

11.5 Legal and Professional Advice

THE SERVICE DOES NOT PROVIDE LEGAL, FINANCIAL, OR ESTATE PLANNING ADVICE. Consult qualified professionals for such matters.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1 Exclusion of Damages

IN NO EVENT SHALL ETERNITY WAVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR USE
LOSS OF GOODWILL OR REPUTATION
BUSINESS INTERRUPTION
COST OF SUBSTITUTE SERVICES

Even if advised of the possibility of such damages.

12.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

The amount you paid us in the 12 months preceding the claim, OR
€100 (ONE HUNDRED EUROS)

12.3 Essential Purpose

The limitations in this section apply even if any remedy fails of its essential purpose.

12.4 Jurisdictional Limitations

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12.5 Allocation of Risk

These limitations reflect the allocation of risk between the parties. The Service pricing reflects this risk allocation and these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless Eternity Wave, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use or misuse of the Service
Your User Content
Your violation of these Terms
Your violation of any law or third-party rights
False death reports or verification information
Disputes with beneficiaries, executors, or heirs

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal proceedings, you agree to contact us at legal@eternitywave.com to attempt informal resolution. We will attempt to resolve disputes amicably within 30 days.

14.2 Governing Law

These Terms are governed by the laws of the European Union and Hungary, without regard to conflict of law principles.

14.3 Jurisdiction and Venue

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Budapest, Hungary. You consent to personal jurisdiction and venue in these courts.

14.4 Arbitration Agreement (Where Applicable)

For disputes involving amounts less than €10,000, either party may elect binding arbitration:

Conducted in English or Hungarian
Single arbitrator mutually agreed or appointed by arbitration institution
Held in Budapest, Hungary or online
Costs split equally unless arbitrator decides otherwise
Award is final and binding

14.5 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, OR REPRESENTATIVE PROCEEDINGS. Claims must be brought individually.

14.6 Exceptions

The arbitration and class action waiver do not apply to:

Claims for injunctive or equitable relief
Intellectual property disputes
Small claims court proceedings (within jurisdictional limits)

15. Force Majeure

We are not liable for failure to perform obligations due to events beyond our reasonable control, including:

Acts of God, natural disasters
War, terrorism, civil unrest
Government actions or regulations
Strikes or labor disputes
Internet or telecommunications failures
Cyberattacks or hacking
Pandemics or public health emergencies
Failures of third-party service providers

16. Export Control and Sanctions

You agree to comply with all applicable export control laws and economic sanctions. You represent that you are not:

Located in a sanctioned country
On any government prohibited or restricted party list
Subject to export control or sanctions restrictions

17. Changes to Terms

17.1 Modifications

We may modify these Terms at any time. When we make material changes:

We will update the "Last Updated" date
We will notify you via email or prominent Service notice
Changes become effective 30 days after notice (or sooner for legal/security reasons)
Continued use after changes constitutes acceptance

17.2 Objection to Changes

If you object to changes, your sole remedy is to close your account before changes take effect.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and Eternity Wave.

18.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision is modified to the minimum extent necessary to make it enforceable.

18.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your account. We may assign these Terms to any affiliate, subsidiary, or successor without notice.

18.5 Third-Party Beneficiaries

No third party beneficiaries are created by these Terms except as explicitly stated (e.g., indemnified parties).

18.6 Notices

Legal notices must be sent to: Email: legal@eternitywave.com Subject: "Legal Notice"

Notices to you may be sent to your registered email address and are deemed received when sent.

18.7 Language

These Terms are drafted in English. Translations are provided for convenience. In case of conflict, the English version prevails.

18.8 Survival

Provisions that by their nature should survive termination remain in effect, including: payment obligations, IP rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

19. Contact Information

Eternity Wave Email: support@eternitywave.com Legal inquiries: legal@eternitywave.com Privacy inquiries: privacy@eternitywave.com

20. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms
You agree to be bound by these Terms
You have the authority to enter into this agreement
You accept the risks associated with digital legacy preservation
You understand the Service is provided "as is" without warranties
You accept the limitations of liability and dispute resolution provisions
You waive certain rights, including class action participation

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Last Updated: January 1, 2025 Version: 1.0Human: Folytathatnád?