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TERMS OF SERVICE (TOS)

Effective Date: December 23, 2025
Last Updated: December 24, 2025
Version: 1.5

0. Important Legal Notice

Please read these Terms of Service ("Terms" or "TOS") carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms.

If you are a consumer (a natural person acting outside the scope of your profession or business activity), certain provisions of these Terms shall be interpreted exclusively in accordance with mandatory consumer protection laws, and you may not waive your statutory rights.

1. Service Provider, Scope

Service Provider: Eternity Wave – WaveOne Technologies Kft.
Registered office / mailing address: 1181 Budapest, Vasvári Pál u. 26., Hungary
Company registration number: 01-09-451611
Tax number: 32961430-1-43
Support: support@eternitywave.com
Legal inquiries: legal@eternitywave.com
Privacy: privacy@eternitywave.com

These Terms apply to the use of the web-based and/or application-based interfaces of the Service and to the contractual relationship between the Service Provider and the User.

2. Definitions

  • User: a person who creates an account and/or uses the Service.
  • Consumer: a natural person acting outside the scope of their profession or business activity.
  • Service: the Eternity Wave digital legacy preservation platform.
  • User Content: any uploaded file, image, audio, video, document, text, message, metadata, or structured data (e.g., family tree entries).
  • Heir: a person(s) designated by the User who may gain access to specified content after death confirmation.
  • Legacy Manager: a person(s) designated by the User who may perform administrative actions after death confirmation according to the User's settings.
  • Life Check: a confirmation requested at intervals configured by the User.
  • Subscription: recurring paid access to the Service (e.g., monthly/annual).
  • One-time Payment (lump-sum option): a single upfront payment granting access to the Service for a predefined period until the Expiration Date recorded at the time of purchase/activation.
  • Expiration Date: the end date of access associated with a one-time payment, as displayed/confirmed in the Service.
  • Event: a message and/or attached content created by the User and scheduled for a future date or event (including death confirmation).
  • Family Tree: a data structure created by the User containing family relationships (persons, relationships, dates, photos, descriptions), including data imported via GEDCOM.
  • GEDCOM: a machine-readable file format for exchanging genealogical data.
  • Memorial Page / Memorial Wall: a space dedicated to preserving the memory of a deceased person, where the User and/or invited persons may publish messages and content according to settings.
  • Recipes / Family Recipe Archive: an optional feature and/or content type of the Service allowing the User to record and archive recipes, ingredients, preparation instructions, related notes, and images/videos.
  • Vault: an optional feature of the Service that allows the User to store sensitive data (e.g., passwords, PIN codes, access credentials, notes) using client-side encryption.
  • Client-side Encryption: a technical solution where User Content is encrypted on the User's device, and the password or key required to decrypt it is never in the possession of the Service Provider.

2/A. Heirs – Core Role in the Service

The Heir is one of the fundamental and central roles of the Service. Any person whom the User grants access to any Legacy is considered an Heir.

The Heir's rights may be associated not only with Events but also with various functions of the Service, including in particular:

  • Digital content assigned to Events,
  • Access to data stored in the Vault,
  • Viewing and export rights to the Family Tree,
  • Other content and functions designated as Legacy by the User.

The Heir is entitled to access solely based on the User's dispositions, within the scope and under the conditions determined by the User. The Heir does not have administrative authority, may not modify the operation of the Service, and is not entitled to manage other Heirs or permissions.

The role, rights, and access conditions of the Heir are regulated in detail in subsequent chapters of these Terms.

3. Acceptance of the Terms

By creating an account or using the Service, you:

  • acknowledge that you have read and understood the Terms,
  • acknowledge that the use of the Service is subject to these Terms and the separately published Privacy Policy,
  • represent that you are legally entitled to enter into a contract,
  • consent to electronic communications (e.g., notifications, billing, contractual information).

4. Description of the Service

Eternity Wave is a digital legacy preservation service that enables, among other things:

  • storing digital content,
  • creating scheduled events and messages (Events),
  • designating beneficiaries for specified content,
  • appointing executors for administrative tasks,
  • setting up life check verifications,
  • optionally using an AI-based "AI Legacy" feature,
  • optionally using the Family Tree feature (e.g., GEDCOM import/export),
  • optionally archiving Recipes/family traditions/stories (Recipe Archive), including uploading related images and/or videos,
  • optionally using the Gallery/albums and Memorial Page/Memorial Wall features.

Important: The purpose of the Service is to provide technical support for the dispositions set by the User. The Service Provider does not provide legal, financial, estate, or other professional advice.

5. Eligibility, Age Requirement, Registration

5.1. Age Requirement

The independent use of the Service and the creation of an account are permitted exclusively for persons who have reached the age of 18.

The Service Provider does not allow persons under the age of 18 to independently register or use an account.

In exceptional cases, the Service Provider may allow a legal representative to act on behalf of a minor, exclusively:

  • upon prior individual request,
  • with documented proof of legal representation,
  • following the express approval of the Service Provider.

In such cases, the legal representative is considered the User and assumes full responsibility for the use of the Service and the User Content.

5.2. Registration Accuracy

You agree to:

  • provide true, accurate, and up-to-date information,
  • update your account information,
  • be responsible for all activities under your account,
  • keep your access credentials confidential,
  • notify us immediately in case of suspected unauthorized access.

5.3. Accounts, Transfer

The account is personal and non-transferable. Maintaining multiple accounts may be restricted. Fraudulent or abusive accounts may be restricted or terminated.

5/A. Two-Factor Authentication (2FA)

The Service may provide the option to enable two-factor authentication (2FA) to enhance account security.

When two-factor authentication is enabled, the User is required to provide an additional authentication factor in addition to the password when logging in (e.g., a time-based one-time code, authenticator application, or other method supported by the Service).

The User acknowledges and accepts that:

  • 2FA is primarily a security feature designed to reduce the risk of unauthorized access,
  • in case of loss, replacement, or unavailability of the authentication device (e.g., mobile phone, authenticator app), account recovery may be limited,
  • the User is solely responsible for securely preserving the recovery codes or alternative access solutions associated with 2FA.

The Service Provider assumes no liability if the User loses the device, code, or recovery information required for two-factor authentication, and as a result, access to the account becomes temporarily or permanently impossible.

For certain functions of the Service (particularly sensitive operations such as modifying permissions, accessing the Vault, or changing critical settings), the Service Provider may require the use of two-factor authentication.

6. User Content, License, Liability

6.1. Ownership and License

The User retains all rights to the User Content. By uploading User Content, you grant the Service Provider a non-exclusive, worldwide, royalty-free license solely for the following purposes:

  • storage, technical processing, display, backup,
  • providing access to you and the designated Heirs/Legacy Managers according to settings,
  • technical copies and disaster recovery,
  • AI Legacy processing only if you have separately activated and authorized this feature.

The license terminates upon deletion of the content or termination of the account, except for:

  • content already lawfully accessed by Heirs,
  • technical retention of backups for up to 90 days,
  • legal obligations or enforcement of legal claims.

6.2. Legality of Content – User Warranty

You warrant that:

  • you are entitled to upload and dispose of the User Content,
  • the User Content does not infringe the rights of third parties (particularly personality rights, image rights, copyright, confidentiality),
  • in the case of uploading personal data of third parties, you have the appropriate legal basis/authorization,
  • you are responsible for fulfilling the necessary information and consent requirements regarding the Uploaded Content.

Special emphasis (third-party data): The Service Provider generally does not know and does not pre-check the content of User Content, and therefore cannot determine what personal data a file, image, audio, or video contains. Consequently, you bear responsibility for the lawful use and uploading of third-party data and are obliged to respect the relevant rights.

6.3. Prohibited Content

It is prohibited to upload or store content that:

  • is illegal, infringing, defamatory, threatening, harassing,
  • contains malicious code or viruses,
  • contains child sexual abuse material (CSAM),
  • promotes violence/terrorism/illegal activity,
  • violates export control or sanctions regulations.

6.4. Content Review, Actions

The Service Provider does not perform routine content review, but is entitled to:

  • conduct limited review in case of reports, suspicion, incidents, or legal obligations,
  • remove or disable access to content that is illegal or violates the Terms,
  • suspend or terminate the account in case of serious or repeated violations,
  • report to authorities in cases required by law.

6.5. Backup – User Responsibility

You acknowledge that the Service Provider applies reasonable technical measures for storage and backup; however, it is recommended to maintain your own backup, especially for critical, irreplaceable data.

6/A. Family Tree Feature (Family Member Data, GEDCOM Import/Export)

6/A.1. Nature of Feature

The Service may provide the ability to create a Family Tree, recording data of living and deceased persons, as well as GEDCOM import and export functionality, and PDF export.

6/A.2. Data of Living Persons – Responsibility and Warranty

You acknowledge that the Family Tree may typically contain data of third parties (e.g., family members). You warrant that you have the appropriate legal basis/authorization to record and process the data of living persons and that you respect the rights of the data subjects.

6/A.3. Data of Deceased Persons

In some jurisdictions, data protection rules may not apply to deceased persons; however, posthumous and personality-type rights or relatives' rights may apply. You agree to respect the memory of deceased persons and refrain from publishing infringing, offensive, or misleading content.

6/A.4. GEDCOM Import/Export – Responsibility

In the case of GEDCOM import, you are responsible for the legality, accuracy of the imported data, and respect for the rights of third parties.

In the case of GEDCOM/PDF export, you are responsible for the further use, sharing of the exported data, and compliance with the rights of third parties.

Additional information (technical limitations and transparency):

  • The Service may allow the export of the Family Tree in multiple formats (e.g., Eternity Wave format and GEDCOM).
  • Due to technical limitations of the GEDCOM format, certain data and content may not be included in the exported GEDCOM file (for example: profile pictures, gallery images, contact information – phone, email, etc., certain relationship dates, "This is me" designation, and other fields not standardized in GEDCOM).
  • The Service may inform the User before starting the export about potential data loss (e.g., on a summary/warning screen), and the User may decide to proceed based on this information.
  • During GEDCOM import, the Service may indicate that GEDCOM typically does not contain images, and may display statistics before or during the import (e.g., number of persons and family groups).

6/A.5. Heirs' Rights to the Family Tree

The Family Tree may become accessible to Heirs after death confirmation according to the User's settings.

The modifiability and editing rights of the Family Tree are determined by the Service's features. Only the User is entitled to edit the Family Tree.

By default, Heirs may view the Family Tree. The Service's features may allow Heirs to export the Family Tree (e.g., in GEDCOM or PDF format), and the Heir is responsible for the further use, sharing of the exported file, and compliance with the rights of third parties.

6/B. Recipes, Family Traditions, Stories (Text and Media)

6/B.1. Copyright and License

Recipes, traditions, stories, and related images/videos are part of the User Content. The User retains copyright (where applicable) and grants only the license necessary for the operation of the Service as set forth in Section 6.1.

6/B.2. Use by Heirs

By default, Heirs may use recipes/traditions shared with them for personal, non-commercial purposes. Commercial use, sublicensing, or sale to third parties is permitted only if the User has expressly authorized it (e.g., in settings or an express disposition).

6/B.3. Image Upload and Possible Personal Data

The Service may allow the User to upload images and/or videos related to recipes/traditions/stories.

You acknowledge that although the nature of recipes/traditions/stories typically does not aim to process personal data, the uploaded content (particularly images/videos, comments, metadata) may actually contain personal data (e.g., names, faces, voices, tags, EXIF/metadata).

Consequently, the warranty and liability rules set forth in Section 6.2 apply appropriately in the context of recipes/traditions/stories, including providing the legal basis/authorization for uploading third-party data and fulfilling the necessary information/consent requirements.

6/C. Events

6/C.1. Modification and Cancellation

The User may modify or delete the scheduled message at any time until delivery (or until the event triggering death confirmation) according to the Service's features.

6/C.2. Delivery and Non-Delivery

The Service Provider may make reasonable technical delivery attempts (e.g., repeated sending, error handling). The Service Provider is not liable if the recipient is unreachable, the recipient's email account has been terminated, the message is filtered as spam, or the recipient does not receive the message for any other reason.

6/C.3. Heir Notification, Email Address Entry, and Responsibility

When designating an Heir, the User is required to provide the Heir's email address. The Service may send a notification to that email address so that the Heir may accept the heir role.

The Service may allow the User to skip the verification (confirmation) of the email address. In such cases, the User acknowledges and accepts that:

  • the User is solely responsible for the accuracy and correctness of the provided email address,
  • the Service Provider assumes no liability for delivery failure due to an incorrectly entered, mistyped, or non-existent email address,
  • the consequences of an incorrect email address (e.g., missed notification, delayed access) are borne by the User.

The Heir may accept the heir role through the notification email. After accepting the heir role:

  • if the User is alive, the User is entitled to delete the Heir or modify the email address assigned to the Heir,
  • if the User is no longer reachable or their death has been confirmed, the Legacy Manager is entitled to modify the email address according to the Service's features.

The Service Provider assumes no liability if the Heir does not receive, does not open, or does not respond to the notification, or if email delivery fails due to technical or data entry reasons.

6/C.4. Obviously Illegal Content

The Service Provider reserves the right to refuse or suspend the delivery of an Event if the content is obviously illegal, infringes the rights of a third party, or violates these Terms. In such cases, the Service Provider will endeavor to notify the User if reasonably possible.

6/D. Gallery / Photos and Videos (Images of Persons, Images of Children)

6/D.1. Images of Third Parties

The User warrants that the publication and sharing of uploaded images and videos do not infringe the image rights of third parties and that the User has the necessary permissions/legal basis.

6/D.2. Images of Children

If the uploaded content contains the image or data of a person under 18 years of age, the User warrants that they are acting as a legal representative or have the appropriate permission/legal basis from the legal representative.

6/D.3. Exclusion of Biometric Data Processing

The Service Provider does not perform automatic facial recognition and does not create biometric templates from images within the Gallery feature. The storage of images and videos alone does not constitute biometric data processing by the Service Provider.

6/D.4. Download and Sharing

Heirs may view the content shared with them according to the Service's features and may download it if the User's settings allow. Heirs are responsible for the further use, sharing of the downloaded content, and compliance with the rights of third parties.

6/E. Encryption and Password Protection

The Service may allow the User to protect certain content with an additional password or encryption.

The Service Provider does not store and cannot recover lost encryption passwords (depending on the technical implementation).

Without the password/encryption, the protected content may remain permanently inaccessible, including being inaccessible to Heirs or Legacy Managers.

The User is responsible for the secure transfer of passwords (e.g., via a separate channel, escrow, attorney).

6/E+. Memories and Journal Feature

The Service may allow the User to record and store memories, journal entries, text content, and files (particularly images, documents, audio materials).

Content created within the Memories and Journal feature is considered User Content. The User retains all rights to the content and grants the license set forth in Section 6.1 of these Terms for the operation of the Service.

The User is solely responsible for the legality of the content recorded in the Memories and Journal feature, including in particular respect for the rights of third parties, personality rights, and data protection rights.

Access to content recorded in the Memories and Journal feature may be controlled by the User according to the Service's settings. Heirs may only access content shared with them. Legacy Managers may not access the content of the Memories and Journal feature under any circumstances.

The Service does not perform prior content review of content recorded in the Memories and Journal feature and assumes no liability for such content – except as required by law.

6/F. Vault Feature and Client-Side Encryption

6/F.1. Nature of Vault Feature

The Service may optionally provide a Vault feature, the purpose of which is the secure storage of particularly sensitive data (e.g., passwords, PIN codes, access credentials, confidential notes).

Data stored in the Vault is recorded using client-side encryption.

6/F.2. Access and Irrecoverability

Access to the Vault content is only possible with the password provided by the User.

The Service Provider:

  • does not know the Vault password,
  • does not store the key required for decryption,
  • is not able to decrypt the Vault content,
  • is not able to replace or recover a lost password.

In case of password loss, the Vault content may become permanently and irrecoverably inaccessible.

6/F.3. Heirs

The Vault content may only become accessible to Heirs, and only if:

  • the User has expressly authorized this, and
  • the User has securely transferred the necessary password to them.

The Service Provider is not entitled to disclose the Vault content for either living or deceased Users.

6/F.4. Premium Service – Full Client-Side Encryption

For certain premium packages, the Service may allow the User's entire User Content (including files, texts, images, videos, audio materials) to be stored using client-side encryption.

In such cases:

  • the password required to decrypt is not in the possession of the Service Provider,
  • the Service Provider is technically unable to decrypt the content,
  • a lost password cannot be recovered.

The User acknowledges that when using client-side encryption, the Service Provider's ability to assist may be technically limited (e.g., data recovery, content restoration).

The User is solely responsible for securely preserving passwords and transferring them when necessary (e.g., to Heirs).

6/F.5. Encryption of Content Attached to Events for Certain Subscriptions

For certain subscription packages of the Service, all User Content attached by the User to events (e.g., Events, scheduled messages, legacy events) – including in particular files, documents, images, videos, audio materials, and text attachments – is stored using client-side encryption.

In such cases:

  • the encryption of content attached to events occurs on the User's device,
  • the password or key required to decrypt is not in the possession of the Service Provider,
  • the Service Provider is technically unable to decrypt the content attached to events,
  • a lost password or key cannot be recovered, and the affected content may become permanently inaccessible.

The User acknowledges that when using such a subscription package, Heirs may only access encrypted content attached to events if the User has separately transferred the necessary password or key to them in a secure manner.

The Service Provider is not entitled to data disclosure, decryption, or content recovery for content attached to events protected by client-side encryption, for either living or deceased Users.

6/G. General Exclusion of Rights – Legacy Managers

Express exclusion: Legacy Managers are under no circumstances entitled to view, download, or decrypt Legacies, data stored in the Vault, content attached to Events, or other User Content. Their authorization may extend only to administrative operations according to the Service's features.

7. Life Check and Death Confirmation

7.1. Life Check System

You set the frequency of life check verifications. Missing a life check may trigger escalation to the Verifiers designated by you.

7.2. Verifier Contacts

You represent and warrant that when providing verifier contacts:

  • you provide only email addresses as verifier contacts,
  • the User is responsible for the accuracy and correctness of the provided email address.

The Service sends a notification to the provided email address so that the contacted person may accept the verifier role.

Only a person who has expressly accepted the role qualifies as a verifier contact. If the contacted person does not accept the verifier role, they do not qualify as a verifier contact, and the Service will not consider them in the death confirmation process.

7.3. Death Confirmation and Safeguards

Before death confirmation, the Service Provider may apply reasonable safeguards (e.g., multiple confirmations, attempts to reach the User) according to the system's security and abuse prevention logic.

You acknowledge that death confirmation may activate Heir/Legacy Manager access. The Service Provider aims to reduce the risk of false confirmations, but due to the nature of the process, false positives or false negatives may occur.

Important: The death confirmation process used within the Service does not constitute an official determination of death and does not replace a death certificate or any official document issued by an authority.

7.4. Handling False Confirmation

In case of a false death confirmation, its reversal may only be initiated through the Service's web interface, after logging in by the account owner, or through manual administrative action by the Legacy Manager designated by the User, according to the Service's features.

The Service Provider is not entitled and is not technically obligated to independently reverse the death confirmation; correction of a false death confirmation may only occur with the active participation of the User and/or Legacy Manager.

The User acknowledges that if death confirmation occurs in the Service, Legacies will become accessible to Heirs according to the User's settings, and will remain accessible until the death confirmation is reversed, even if the death confirmation later proves to be false.

The User further acknowledges that if the User has not designated a Legacy Manager, reversal of the death confirmation is not possible, and the death confirmation status is considered final.

The User acknowledges that control over content already accessed or downloaded by Heirs during the period of false death confirmation may be technically and legally limited. The Service Provider assumes no liability – except for mandatory legal liability – for consequences arising from false death confirmation.

8. Heirs and Legacy Managers

8.1. Heirs

Heirs may only access content designated by you according to settings. Heirs under no circumstances receive account ownership and are not entitled to modify the operation of the account; access to the account is exclusively reserved for the User.

8.2. Legacy Managers

Legacy Managers may perform administrative operations according to settings (e.g., managing access, renewing subscription, closing account).

Legacy Managers may under no circumstances access User Content or Legacy. The Service Provider cannot recover lost encryption passwords.

8.3. Disputes

The Service Provider does not decide legal disputes between Heirs/Legacy Managers/inheritors and is entitled to temporarily suspend access in disputed cases or request a court/authority decision.

8/A. Memorial Page and Memorial Wall Features

8/A.1. Nature of Feature

The Service may provide the ability to create Memorial Pages, the purpose of which is to preserve the memory of a deceased person.

The Memorial Page may be configured according to the User's settings in the following ways:

  • publicly accessible, or
  • password-protected.

Comment management on the Memorial Page may be handled through separate settings, so comments may be:

  • completely disabled,
  • password-protected, or
  • publicly available.

The User may also configure whether comments:

  • appear after prior moderation, or
  • are published immediately without moderation.

8/A.2. Published Content

All content published on the Memorial Page is considered User Content.

The person publishing the content warrants that they are entitled to:

  • publish the content,
  • respect the rights of third parties (particularly the deceased and relatives).

8/A.3. Moderation and Removal

The Service Provider does not perform prior moderation.

The Service Provider is entitled to:

  • remove or disable access to content that is infringing, objectionable, or violates these Terms,
  • take action upon request from data subjects, relatives, or authorities,
  • restrict access in disputed situations (e.g., personality rights complaints, suspected violation of posthumous rights).

8/A.4. Disclaimer of Liability

The Service Provider assumes no liability for content created by third parties published on the Memorial Page.

8/A.5. Comments, Approval, and Responsibility

The Service may provide for comments published on the Memorial Page to become public only after prior approval, according to the User's settings.

If prior approval is enabled, the approval or rejection of comments is the administrative task of the Legacy Manager. The Legacy Manager is responsible for ensuring that approved comments comply with applicable laws and the provisions of these Terms.

The person publishing a comment is required to accept these Terms when creating the comment and warrants that the published content, in particular:

  • is not illegal, does not infringe the rights of third parties,
  • does not violate the memory or posthumous rights of the deceased person,
  • does not contain hate speech, threatening, defamatory, obscene, or harassing content,
  • does not contain illegal advertising or commercial communication,
  • does not violate data protection or personality rights regulations.

The Service Provider does not perform prior content review of comments and assumes no liability for the content of comments – except as required by law. Upon legal or data subject request, the Service Provider is entitled to remove or disable access to the comment.

8/B. Default Rights of Heirs and Legacy Managers (Content Operations)

The Service's features may allow the User to configure through settings what Heirs and Legacy Managers may do with content. In the absence of deviation, the following default rules apply:

  • Viewing: the Heir may view content shared with them.
  • Downloading: the Heir may download content shared with them if the feature is available.
  • Modification: the Heir may not modify content by default.
  • Deletion: the Heir may not delete content by default.
  • Sharing / access transfer: the Heir is not entitled by default to transfer access to a third party.
  • Commercial use: the Heir is not entitled by default to use the content for commercial purposes.

The Legacy Manager may be entitled to account administration according to the User's settings (e.g., managing access, renewing subscription, closing account, initiating deletion). The Service Provider reserves the right to technically restrict abusive operations (e.g., unauthorized sharing).

8/C. AI Legacy Feature (Supplementary Provisions)

The AI Legacy feature is optional. If you activate it:

  • You determine which User Content may be used for the feature according to the Service's settings.
  • The AI does not act on your behalf: it does not make legal declarations, does not enter into contracts, does not issue binding instructions.
  • Access to the AI is granted to persons designated by the User (typically after death confirmation).
  • You may deactivate the feature at any time according to the Service's settings; data processing details are contained in the separately published Privacy Policy.

9. Fees, Subscription, One-time Payment

9.1. Packages and Prices

Packages, quotas, features, and prices are displayed on the Service interface and form part of the contract as described there.

9.2. Subscription (Recurring Payment)

In the case of a subscription, the User pays in advance for the selected billing period (e.g., monthly/annual).

Upon cancellation, the Service remains accessible until the end of the already paid billing period.

For subscriptions, there is generally no pro-rata refund, as access is provided until the end of the paid period.

9.3. One-time Payment (Lump-sum Option) and Cancellation

The Service Provider may allow the User to pay for the Service in a lump sum for a predefined period until the Expiration Date recorded at the time of purchase/activation.

If the User cancels the one-time payment option before the Expiration Date:

  • the consideration for the service provided until the day of cancellation (pro-rata fee) will be deducted,
  • the remaining amount will be refunded to the User through the applicable payment channel within a reasonable timeframe.

The pro-rata fee is generally calculated according to the following formula:

Pro-rata Fee = One-time Fee × (Number of Days Elapsed / Total Days)

where:

  • Number of Days Elapsed: the number of calendar days from the day of activation (inclusive) to the day of cancellation (exclusive),
  • Total Days: the number of calendar days from the day of activation (inclusive) to the day of the Expiration Date (exclusive).

The refundable amount is generally:

Refund = One-time Fee − Pro-rata Fee

The calculation method (e.g., minimum period, administrative fee if any) must be clearly displayed on the Service interface or billing page. For consumers, the refund conditions must not be unfair and must comply with mandatory laws.

9.4. Payment Processing

Payment processing may be performed by an external payment service provider (e.g., Stripe). The Service Provider does not store credit card data; transactions are processed through the payment service provider's system.

9.5. Price Changes

In case of price changes, we provide prior reasonable notice. The change may take effect from the next billing period.

9.6. Mandatory Legal Exceptions

The rules under this Section 9 do not affect the User's mandatory legal claims (e.g., defective performance, consumer rights).

9.7. Taxes

Prices include VAT – as displayed on the Service interface.

10. Intellectual Property

The Service's software, appearance, trademarks, and technology are the property of the Service Provider (or licensors). The User receives a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

The User is not entitled to reverse engineer the Service, extract source code, or engage in prohibited automated data collection.

11. Service Availability, Changes

The Service Provider strives for operational functionality, but periodic maintenance and downtime may occur.

The Service Provider is entitled to modify the Service and its features, provided this does not deprive the User of the essential service of the already paid period, or appropriate compensation/notice is provided as required by law.

12. Account Termination

12.1. Termination by User

The User may terminate their account at any time through the interface. The schedule for data deletion is contained in the separately published Privacy Policy.

12.2. Termination by Service Provider

The Service Provider is entitled to suspend or terminate the account, particularly if:

  • the User violates the Terms,
  • uploads illegal content,
  • abuses the Service,
  • payment obligations remain persistently outstanding.

For consumers, the Service Provider endeavors to provide prior warning and proportionate measures, except in urgent security or legal situations.

13. Liability, Warranty, Limitations

13.1. "As Is" Nature

The Service is provided on an "as is" basis; however, these Terms do not exclude mandatory legal liability (particularly rights toward consumers).

13.2. Warranties Not Provided – Reasonable Limits

The Service Provider does not guarantee that:

  • Heirs will actually receive/open the content,
  • third-party service providers will operate without errors,
  • death verification will never err,
  • scheduled message delivery will be successful under all circumstances.

13.3. Limitation of Liability

The Service Provider's liability is limited to the extent permitted by law. Liability cannot be limited for intentional harm or in cases where limitation would violate the law (particularly in consumer contracts).

Where legally applicable, the Service Provider's total liability is limited to the amount of fees paid in the 12 months preceding the claim, but not exceeding EUR 100.

14. Indemnification

The User agrees to indemnify the Service Provider against third-party claims arising from the User's illegal conduct or User Content (e.g., copyright infringement, personality rights violation), to the extent permitted by law.

For consumers, the indemnification obligation shall not be interpreted as exempting the Service Provider from its own wrongdoing or mandatory liability.

15. Disputes, Governing Law, Jurisdiction (Worldwide Service)

15.1. Informal Resolution

In case of dispute, please first contact us at legal@eternitywave.com. We endeavor to provide a substantive response within 30 days.

15.2. Governing Law

The Terms are generally governed by the law of the Service Provider's registered office, unless applicable mandatory laws (particularly consumer protection regulations) require or mandate the application of the law of the User's habitual residence.

15.3. Jurisdiction

For consumers, the mandatory legal forum selection rights applicable to the User govern disputes; these Terms may not deprive the User of these rights.

For non-consumer (business) Users, where legally stipulable, disputes are subject to the jurisdiction of the courts of the Service Provider's registered office.

16. Force Majeure

The Service Provider is not liable for delays or failures in performance resulting from unforeseeable events beyond its control (force majeure), including, for example, network outages, service provider shutdowns, cyberattacks, natural disasters.

17. Modification of Terms

The Service Provider is entitled to modify the Terms. In case of material changes:

  • we update the "Last Updated" date,
  • we notify of the change in the Service and/or by email,
  • the modification typically takes effect 30 days after notification.

If you do not agree with the modification, you are entitled to terminate your account before the effective date.

18. Final Provisions

  • Severability: if any provision is invalid, the remaining provisions remain in effect.
  • Assignment: the Service Provider is entitled to assign the contract to a legal successor with appropriate notice.
  • Entire Agreement: the Terms together with the separately published Privacy Policy constitute the entire agreement.
  • Language: the Hungarian text is authoritative.

19. Contact

Customer Service: support@eternitywave.com
Legal: legal@eternitywave.com
Privacy: privacy@eternitywave.com

20. Acknowledgment

By using the Service, you acknowledge that you have read, understood, and accept these Terms.