Legal & Privacy

1. What Eterna Legacy Is (and Is Not)

Eterna Legacy is a digital legacy and notification platform. It allows you to create encrypted messages, upload documents, set continuity rules, and notify designated contacts when inactivity checks and grace windows indicate something may be wrong.

Eterna Legacy is not:

• A will, trust, estate plan, or legal instrument
• An insurance policy or investment product
• A legal, tax, medical, or financial advisory service
• An emergency response system (we do not contact 911 or emergency services)
• A guarantee that messages will be delivered under all circumstances

We strongly recommend consulting qualified legal and financial professionals for estate planning needs.

2. Your Responsibilities

You agree to:

• Provide accurate, up-to-date registration information
• Maintain access to your registered email (and phone, if SMS or future alerts are enabled)
• Keep your login credentials confidential and secure
• Respond to alive-check notifications in a timely manner
• Use the Service only for lawful purposes
• Not upload harmful, abusive, illegal, or infringing content
• Comply with all applicable laws in your jurisdiction
• Ensure your designated contacts have accurate, current contact information
• Inform designated heirs/contacts that they may receive communications from Eterna Legacy

3. Alive-Check System

The alive-check system is an automated notification service and is not a medical monitoring service, emergency response system, or substitute for emergency services. Eterna Legacy does not monitor user health or wellbeing in real time. Failure to respond to alive-check notifications initiates the grace period and heir notification sequence according to your subscription tier terms. Eterna Legacy is not liable for delayed or failed delivery resulting from technical failures, email delivery issues outside our control, outdated heir contact information, or force majeure events. Users are responsible for maintaining accurate heir contact information and responding to alive-check notifications.

Important limitations:

• You are solely responsible for choosing appropriate contacts and ensuring your configured rules reflect your intentions
• Delivery of notifications depends on factors outside our control, including email deliverability, spam filters, and recipient availability
• We provide continuity services on a best-effort basis and cannot guarantee delivery under all circumstances
• False triggers may occur if you fail to respond to check-ins for reasons unrelated to incapacity or death
• We recommend designating multiple contacts to reduce single points of failure

4. Payment, Pricing & Features

Certain features (including Infinity and paid add-ons) are available only on paid tiers.

We reserve the right to:

• Modify pricing for new subscribers at any time
• Change, add, or remove features from any tier
• Offer promotional pricing that may differ from standard rates
• Adjust storage limits, check-in frequencies, and other tier-specific limits

Billing terms:

• Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan)
• All fees are non-refundable except as required by law or as explicitly stated
• If you cancel, you retain access until the end of your current billing period
• We will notify you of material pricing changes at least 30 days before they take effect for existing subscribers
• Failure to pay may result in downgrade to a limited tier or suspension of active notification features (see Section 5)

Tier downgrades:

If your subscription lapses or you downgrade to a lower tier, your existing vault content — including all messages, attachments, and heir designations — will be preserved in full and remain viewable. Your vault will become read-only: you will not be able to create, edit, or delete messages, heirs, or attachments until you resubscribe to an active tier. Under no circumstances will Eterna Legacy delete your existing vault content as a result of a downgrade.

5. Account Dormancy, Data Preservation & Termination

Dormant accounts:

• If your paid subscription lapses, your account becomes "dormant"
• Dormant accounts retain all stored vault content in a read-only state — you may view your messages, heirs, and attachments but may not create, edit, or delete any content
• All existing vault content is preserved indefinitely and will not be deleted, degraded, or made inaccessible due to dormancy
• To regain full access — including the ability to create, edit, and manage your vault — you must resubscribe to an active tier

Active Services require a subscription:

While your vault content is preserved indefinitely, the active monitoring and delivery features of Eterna Legacy — including alive-check communications, grace period monitoring, heir notifications, and automated message delivery — require a current paid subscription. Dormant accounts retain all stored content but these active services are suspended until the account is reactivated.

Vault preservation commitment:

Eterna Legacy is built on the principle that your final words should endure. We commit to preserving your vault content — messages, attachments, and heir designations — indefinitely, regardless of your subscription status. Your data will not be deleted due to subscription lapse, payment failure, or account dormancy.

Modification of retention policy:

Eterna Legacy reserves the right to modify this data retention commitment. Any material change to the indefinite preservation commitment described above will require a minimum of twelve (12) months' prior written notice to all affected users, delivered via email. Users who created vault content prior to any such modification will have their existing content governed by the retention terms in effect at the time of content creation, unless the user affirmatively consents to new terms. In the event of any modification, Eterna Legacy will provide all affected users with reasonable tools and timeframes to export their vault content before changes take effect.

Account termination:

• You may delete your account at any time from within the Service
• Upon deletion, your messages, vault content, and heir designations will be permanently removed within 30 days
• We may retain certain data as required for legal, security, or audit purposes
• We reserve the right to terminate accounts that violate these Terms

6. Preservation and Delivery

Eterna Legacy's core commitment is permanent preservation of your vault content regardless of account or subscription status. Preservation and Delivery are distinct functions. Your messages, voice recordings, video, and all vault content are stored indefinitely — this commitment does not expire. Delivery of that content to your designated heirs requires an active paid subscription, valid institutional sponsorship, or satisfaction of applicable unlock requirements at the time of the delivery trigger. Eterna Legacy will not delete vault content due to account inactivity, subscription lapse, or plan downgrade.

7. Service Continuity

In the event of Eterna Legacy's acquisition, merger, or dissolution, the preservation of vault content will be treated as a material obligation in any transfer of assets or business operations. We will use commercially reasonable efforts to ensure vault content is transferred to a successor entity or, if no successor exists, provide users with at least ninety (90) days to export their content before any data is affected.

8. Sponsored Access

Users accessing Eterna Legacy through an organizational sponsor (Sponsored Free Tier) acknowledge that their sponsoring organization has purchased an annual license on their behalf. Message delivery is enabled for the duration of the active sponsorship period. If sponsorship expires or is not renewed, accounts revert to standard free tier terms with a 30-day grace period before delivery is suspended. Vault content is preserved indefinitely regardless of sponsorship status. Preservation does not require active sponsorship. Delivery does.

9. Third-Party Services

Eterna Legacy uses trusted third-party providers for infrastructure, including cloud storage and hosting, authentication services, payment processing, email delivery, AI services, and voice processing.

These providers process data on our behalf under appropriate data protection agreements. They do not own your content. We are not responsible for the acts or omissions of third-party providers, though we select them with care.

A list of our current sub-processors is available in our Privacy Policy below.

10. Third-Party AI Services

Content processed through third-party AI services (including voice synthesis, transcription, and conversation AI) is subject to those vendors' terms of service. Eterna Legacy negotiates data protection agreements with all AI vendors and does not authorize vendors to use user content for model training without explicit additional consent from the user. Eterna Legacy's current AI infrastructure providers do not train models on user content processed through API integrations.

11. Creator and Affiliate Program

Users who sign up through a creator or affiliate referral link are subject to all standard platform terms. Creators and affiliates participate in Eterna Legacy's affiliate program under separate agreement. Commissions are earned on paid conversions attributed to a creator's unique referral link. All commissions are held for 60 days following the conversion date pending expiration of the refund eligibility window before payout is processed. Eterna Legacy reserves the right to void commissions on refunded, charged-back, or fraudulent transactions.

12. Data and Corpus Rights

You grant Eterna Legacy a worldwide, non-exclusive, royalty-bearing license to anonymize, aggregate, and license your content and behavioral data for AI research and commercial purposes. This license applies only to anonymized, aggregated data and never to personally identifiable information. This license survives account deletion and is revocable only through written notice to legal@eternalegacy.life. Eterna Legacy will never sell personally identifiable information to third parties. You may opt out of corpus inclusion at any time without affecting your account, stored content, or delivery commitments.

13. Voice and Video Recordings

Voice recordings, video messages, photographs, and all multimedia content stored in your vault remain your exclusive intellectual property. Eterna Legacy stores this content solely for delivery to your designated heirs as directed. With your explicit separate consent obtained in account settings, anonymized acoustic patterns, linguistic structures, and behavioral metadata derived from your content may be included in Eterna Legacy's anonymized research corpus. You may withdraw this consent at any time through your account settings or by written notice to legal@eternalegacy.life. Withdrawal of corpus consent does not affect your account status, stored content, or delivery commitments.

14. Heir Data and Delivery

Heir contact information is stored solely for the purpose of message delivery following verified death or incapacitation of the account holder. Heir data is never used for marketing purposes, sold to third parties, or shared with any entity outside the verified delivery process. Heirs may contact legal@eternalegacy.life to request information about their designation or to update their contact information. Eterna Legacy will make reasonable efforts to locate heirs using updated contact information if original contact details are no longer valid at time of delivery.

15. Healthcare and HIPAA

Eterna Legacy is a personal family messaging platform and is not a covered entity, business associate, or healthcare provider under the Health Insurance Portability and Accountability Act (HIPAA). Eterna Legacy does not provide healthcare, medical monitoring, or clinical services of any kind. Users who are licensed healthcare providers, therapists, counselors, or other HIPAA-covered entities should not store protected health information (PHI) about their clients or patients on this platform. Eterna Legacy is designed for personal family messages only. If you are a healthcare provider recommending Eterna Legacy to clients, please advise them that this platform operates outside the scope of HIPAA and is appropriate for personal — not clinical — use.

16. Security

Eterna Legacy implements enterprise-grade security practices including AES-256 encryption of all data at rest, TLS 1.3 encryption for all data in transit, row-level security controls on all database tables, short-lived presigned URLs for media access, rate limiting on all API endpoints, and regular security audits. Eterna Legacy does not store passwords. Authentication is handled exclusively via magic link email verification. Eterna Legacy is working toward SOC 2 Type II certification and will update these terms upon certification. Current security practices meet or exceed SOC 2 Type II requirements in the areas of data encryption, access control, and availability.

17. Limitation of Liability

To the maximum extent permitted by law, Eterna Legacy and Ellite International Inc. are not liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, data, or business opportunities
• Delays or failures in message delivery
• Actions taken or not taken by your designated contacts
• Unauthorized access to your account due to compromised credentials
• Service interruptions, errors, or data loss
• Emotional distress arising from use or non-use of the Service
• Failure to deliver messages resulting from inaccurate or outdated heir contact information provided by the user
• Heir email delivery failures attributable to recipient email providers
• User failure to respond to alive-check notifications
• Account cancellation or non-renewal by the user
• Force majeure events including platform infrastructure failures, natural disasters, cyberattacks, or regulatory actions outside Eterna Legacy's control

Our aggregate liability for any claim arising from your use of the Service will not exceed the total amount you have paid us in the twelve (12) months preceding the claim.

No guarantee of delivery: While we design our systems for reliability, we cannot guarantee that messages will be delivered under all circumstances. You acknowledge that Eterna Legacy is a supplementary tool and should not be your sole method of communicating critical information to loved ones.

Preservation commitment: While Eterna Legacy commits to indefinite preservation of vault content as described in Section 5, our liability for data loss shall not exceed the limits set forth above. This preservation commitment does not create an absolute guarantee against all possible data loss scenarios, including but not limited to catastrophic events beyond our reasonable control.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes, fires)
• Acts of God
• War, terrorism, civil unrest, or armed conflict
• Epidemics, pandemics, or public health emergencies
• Government actions, laws, regulations, or embargoes
• Failures of third-party services, internet infrastructure, or telecommunications
• Cyberattacks, including DDoS attacks or data breaches affecting our providers
• Power outages or utility failures
• Labor disputes or strikes

During a force majeure event, our obligations are suspended for the duration of the event. We will make reasonable efforts to resume normal operations as soon as practicable.

19. Dispute Resolution & Arbitration

Informal resolution: Before filing any formal claim, you agree to contact us at legal@eternalegacy.life to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 60 days.

Binding arbitration: If informal resolution fails, any dispute arising from these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will take place in New York, New York, or remotely if permitted.

Class action waiver: You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action, collective action, or representative proceeding.

Opt-out: You may opt out of arbitration by sending written notice to legal@eternalegacy.life within 30 days of accepting these Terms.

20. Changes to Terms

Eterna Legacy reserves the right to modify these Terms of Service with a minimum of 90 days written notice to registered users via email. Modifications to data rights clauses require separate explicit consent from users. Continued use of the platform after the notice period constitutes acceptance of modified terms. Users who do not accept modified terms may export their data and close their account before the effective date without penalty. Changes to data retention commitments are subject to the extended notice requirements described in Section 5.

21. Governing Law & Jurisdiction

These Terms of Service are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York. Eterna Legacy Inc. is a New York corporation.

1. Data We Collect

Account data:

• Name, email address, optional phone number
• Billing information (processed by Stripe; we do not store full payment details)
• Subscription tier and account status
• General location (region, inferred from timezone — we do not collect precise location)

Continuity & vault data:

• Your configured alive-check cadence and grace windows
• Designated contacts (heirs) and their contact information
• Vault items: documents, notes, text messages, audio, video, and other uploads
• Message delivery rules and preferences

Conversation data:

• If you use our AI Guide feature, we store conversation transcripts to provide the service and enable you to review and refine your messages
• Voice recordings you create are stored to enable voice message features
• This data is used to deliver and improve the Service

Usage data:

• Log-in timestamps and session information
• Device type, browser, and operating system
• IP address (anonymized for analytics)
• Feature usage and interaction patterns

2. How We Use Your Data

We use your data to:

• Operate, maintain, and improve the Service
• Run continuity checks and alive-check notifications
• Deliver messages and notify designated contacts according to your settings
• Process payments and manage subscriptions
• Communicate with you about updates, security alerts, and support
• Send optional investor or product news (only when you explicitly opt in)
• Detect and prevent fraud, abuse, and security threats
• Comply with legal obligations and enforce our Terms of Service
• Generate anonymized, aggregated insights (see Section 3)

3. Analytics, Aggregated Data & Research

Privacy-respecting analytics: We use analytics to understand Service performance and identify improvements. Analytics data is generally aggregated or pseudonymized.

Anonymized and aggregated data: We may create anonymized, aggregated data that cannot identify any individual user. This data contains no personal information and cannot be traced back to you. We may use and share this anonymized data for:

• Research and academic partnerships
• Industry analysis and benchmark reports
• Understanding trends in end-of-life communication
• Improving our products and services
• Business purposes

Examples of aggregated data include: average number of messages per user, completion rates, regional usage patterns, and general topics discussed (without any personally identifiable content).

We do not:

• Sell your personal data to third parties
• Share your vault content with advertisers
• Use your messages to train AI models without explicit consent
• Track you across other websites
• Share any data that could identify you without your consent

Opt-in research contribution: You may choose to contribute your anonymized data to research that helps others express love and preserve their legacies. This is entirely optional and can be configured in your account settings. Contributors may receive benefits such as extended features or discounts.

4. How We Share Information

We share your information only with:

• Service providers: Trusted vendors that help us operate the Service (cloud hosting, email delivery, payment processing, AI services, voice processing), bound by contractual obligations to protect your data.
• Your designated contacts: Heirs and recipients you explicitly configure in your continuity and vault settings, only when your delivery rules are triggered.
• Legal requirements: Authorities when required by law, court order, or legal process, or to protect the rights, property, or safety of you, other users, or Eterna Legacy.
• Business transfers: If Eterna Legacy is acquired or merged, your data may transfer to the new owner. We will notify you before your data becomes subject to a different privacy policy.
• Anonymized data: We may share anonymized, aggregated data that cannot identify any individual, as described in Section 3.

5. Sub-Processors

We use the following categories of third-party service providers to operate Eterna Legacy:

All sub-processors are bound by data protection agreements and process data only on our behalf and according to our instructions. They do not own your content.

A detailed list of specific sub-processors is available upon request by contacting legal@eternalegacy.life.

6. Data Security

We implement security measures including:

• Encryption in transit (TLS/SSL) and at rest (AES-256)
• Access controls and authentication requirements
• Regular security monitoring and vulnerability assessments
• Secure, access-controlled data centers
• Magic link authentication (no passwords stored)

No system is perfectly secure. While we design Eterna Legacy with a security-first mindset, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your login credentials and email access.

7. Data Retention

Active accounts: We retain your data for as long as your account is active.

Closed accounts: Upon account deletion, we permanently remove your messages, vault content, and heir designations within 30 days.

Dormant accounts: Your vault content — messages, attachments, and heir designations — is preserved indefinitely in a read-only state, regardless of subscription status. We will not delete your vault data due to subscription lapse, payment failure, or account dormancy. Active monitoring and delivery services, as well as the ability to create or edit content, are suspended until you resubscribe, but your data remains intact and viewable.

Anonymized data: Anonymized, aggregated data that cannot identify individuals may be retained indefinitely for research and analytical purposes.

Retention policy changes: Any material change to this data retention commitment requires a minimum of twelve (12) months' prior written notice. Content created before any such change remains governed by the retention terms in effect at the time of creation. See our Terms of Service, Section 5 for full details.

8. Your Choices & Rights

You can:

• Update your account details and continuity settings at any time
• Download a copy of your vault content
• Delete your account and associated data
• Opt out of non-essential marketing emails using the unsubscribe link
• Choose whether to contribute anonymized data to research (in account settings)

Depending on your jurisdiction, you may have rights to:

• Access your personal data
• Correct inaccurate data
• Request deletion of your data
• Restrict or object to certain processing
• Data portability

To exercise these rights, contact us at legal@eternalegacy.life. We will respond within 30 days (or as required by applicable law).

9. International Data Transfers

Eterna Legacy is operated from the United States. If you access the Service from outside the United States, your data will be transferred to and processed in the United States, where data protection laws may differ from those in your country. By using the Service, you consent to this transfer.

For users in the European Economic Area (EEA), United Kingdom, or Switzerland, we rely on Standard Contractual Clauses and other lawful transfer mechanisms to transfer data outside these regions.

10. Children's Privacy

Eterna Legacy is not intended for users under 18 years of age. We do not knowingly collect data from minors. If we learn we have collected data from a minor, we will delete it promptly.

11. California Privacy Rights (CCPA)

If you are a California resident, you have the right to:

• Know what personal information we collect and how it is used
• Request deletion of your personal information
• Opt out of the "sale" of personal information (we do not sell your data)
• Non-discrimination for exercising your privacy rights

To exercise these rights, contact legal@eternalegacy.life or call (646) 404-0440.

12. Contact

If you have questions about this Privacy Policy or how we handle your data:

Email: legal@eternalegacy.life
Phone: (646) 404-0440
Mail: Ellite International Inc., 1178 Broadway, Suite 3245, New York, NY 10001