Eterna - Your Trusted Security Partner

These terms and conditions of use (the “Terms of Use”) govern the use by users (each, a “User”) of the Eterna Application (the “App”) owned by ETERNA APP SPV LIMITED (“Eterna”).

1. BACKGROUND

Eterna provides a high-tech secure application designed to store and share important documents, passwords, videos, and notes ensuring that the User’s digital legacy is preserved. The App offers a safe and convenient way to organize and protect the User’s valuable information, allowing the User to determine who receives his/her assets in the event of an unfortunate circumstance or at a specific time of the User’s choosing. Further information about the App is made available by Eterna on the App.

2. ACCEPTANCE OF THE TERMS OF USE AND ADDITIONAL TERMS BY USING THE APP

Users should read these Terms of Use carefully before using the App. By using the App, the User agrees to be bound by, and to comply with, these Terms of Use and any documents referenced in the Terms of Use, including the Eterna’s data protection and privacy policy (the “Privacy Policy”) in respect of the App, which is available on the App. The Privacy Policy and any other Eterna policy made available on the App are referred to collectively as the “Policies” and shall be deemed an integral part of these Terms of Use. If the User does not agree to any of the Terms of Use, the User should not access or use the App. Any access or use by the User of the App shall be considered as an acceptance by the User of the Terms of Use.

3. CHANGES TO TERMS OF USE AND APP

Eterna may make changes to the Terms of Use and/or the App at any time and for any reason without prior notice to the User. The User is responsible for regularly reviewing the Terms of Use, to ensure that the User is aware of any changes made, as they are binding on the User. The User’s continued use of the App after any such changes are posted will be considered acceptance of such changes.

4. ELIGIBILITY

4.1. By using the App, the User warrants that it is at least eighteen (18) years of age or is of legal age in the jurisdiction where it resides to form a binding contract with Eterna.

4.2. If the User, as a minor, wishes to use the App, such use shall only be made by a person with legal capacity (tutor or guardian), on behalf of the minor. Eterna reserves the right to terminate the membership of any individual and/or block access to the App if such individual is a minor or incompetent to contract according to the laws and regulations governing these Terms of Use or those of any jurisdiction applicable to the User.

4.3. If the User is accessing or using the App for its intended purpose on behalf of an organization or entity, the User warrants that it has the necessary authority to represent and bind that organization or entity to the Terms of Use, and that it agrees to the Terms of Use on behalf of that organization or entity.

4.4. Before using the App, the Users shall read and understand these Terms of Use, and shall be deemed to have accepted the terms and conditions of these Terms of Use as a binding document that governs the User's dealings with Eterna.

4.6. All rights and liabilities of the User and Eterna with respect to the use of the App shall be restricted to the scope of these Terms of Use.

5. USE OF APP

5.1. The User uses the App at its own risk. The Terms of Use grant a limited, non-exclusive, nontransferable right to use the App as expressly permitted in these Terms of Use.

5.2. The User may not (i) copy, modify, distribute, sell or lease any part of the App; (ii) dissemble, reverse engineer, decompile the App or attempt to extract the source code of the App; (iii) copyedit, improve or create derivative works of any part of the App; (iv) “frame, “mirror” or otherwise incorporate any part of the App into any other service; (v) disassemble, disable or disrupt, or attempt to disassemble, disable or disrupt, the operation of the App by any method; or (vi) interfere with, or attempt to interfere with, any security-related features of the App or features that prevent or restrict use or copying of any content on the App or that enforce limitations on use of the App.

5.3. The User shall always comply with the Terms of Use and applicable laws and regulations in connection with the use of the App and may not use the App for any unlawful, harmful, irresponsible or inappropriate purpose.

5.4. The User shall not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful or otherwise harmfully interacting with the App or any part of it. The User shall not interfere with, damage or disrupt any software used in the provision of the App or any equipment or network or software owned or used by any third party on which the App relies in any way. By breaching this Clause 5.4, the User would be committing a criminal offence. Eterna will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the relevant User identity to them. In the event of such a breach, Eterna is entitled, at its sole discretion, with immediate effect and without prejudice to any other rights and/or remedies available to Eterna under the Terms of Use, at law or otherwise, to cease the relevant User’s right to use the App.

5.5. Access to the App is only available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. User represents and warrants that all information supplied to Eterna is true and accurate.

5.6. Eterna reserves the right to periodically make improvements or changes to the App at any time without any prior notice to the User. User(s) are requested to report any content on the App which is deemed to be unlawful, objectionable, libelous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violative of any applicable law to contact@eternaapp.com. On receiving such report, Eterna reserves the right to investigate and/or take such action as it may deem appropriate.

6. CONTENT

6.1. Eterna only provides the App for domestic and private use. Except as otherwise may be agreed in writing between the User and Eterna, the User agrees not to use the App for any commercial or business purposes.

6.2. The App, its look and feel and original content, features, functionality, design elements, software, source code and any and all intellectual property rights related thereto (“Intellectual Property Rights”) and other materials contained on or available through the App, are owned by or licensed to Eterna and shall remain the exclusive property of Eterna. Nothing in the Terms of Use grants the User any right, license, title or interest, implied or otherwise, in or to Eterna’s Intellectual Property Rights and/or proprietary rights. Any unauthorized use of the Intellectual Property Rights will be in violation of the applicable law.

6.3. Eterna respects the intellectual property rights of others. If the User notices any act of infringement on the App, the User shall send a written notice of the alleged infringement to Eterna by email at contact@eternaapp.com.

6.4. The User may print off one copy and may download extracts of any page(s) from the App for the User’s personal use. The User shall not modify the paper or digital copies of any materials the User has printed off or downloaded in any way and the User shall not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6.5. If the User prints off, copies, downloads, shares or reposts any part of the App in breach of these Terms of Use, Eterna is entitled, at its sole discretion, with immediate effect and without prejudice to any other rights and/or remedies available to Eterna under the Terms of Use, at law or otherwise, to cease the relevant User’s right to use the App and the User shall, at Eterna’s discretion, return or destroy any copies of the materials made in breach.

7. FEES AND PAYMENT

7.1. The App operates on a yearly subscription model, with an essential plan priced at USD 79.99 per year, which subscription model may be varied by Eterna from time to time, subject to written notice to the User. The subscription grants access to core features, including secure document storage, password management and legacy sharing. Additional subscription tiers or features may be introduced, subject to separate terms where applicable.

7.2. Payments are processed securely, and the User agrees to comply with the billing terms presented at the checkout.

7.3. The User shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the App, as per the applicable laws.

7.4. The User may cancel the subscription at any time. Fees paid for the subscription are nonrefundable, including in cases of cancellation before the end of the subscription term, it being understood that any such cancellation will not affect the User’s right to use the App until the end of the subscription term.

8. SECURITY, PRIVACY POLICY AND DATA PROTECTION

8.1. While registering on the App, the User will have to choose a password to access that User's account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Eterna immediately in writing of any unauthorized use of their password or account or any other breach of security. Eterna will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User's knowledge. The User shall not use anyone else's account at any time.

8.2. Data may be collected from the User on the App in the form of personal information such as last name, first name, address, email address and phone number (the “Personal Data”). The User agrees that Personal Data provided to Eterna may be used, processed and retained by Eterna. In addition to Personal Data explicitly provided by the User, information is gathered automatically from the log files when the User accesses the App such as IP address, time and date of access, name of file accessed etc. (together with the Personal Data, the “Data”).

8.3. Eterna is concerned about the privacy of the Users. By using the App, the User agrees to the collection, processing, use and disclosure of Data by Eterna in accordance with the Privacy Policy.

8.4. The Privacy Policy, which forms part of these Terms of Use may be modified from time to time and without prior notice from time to time with immediate effect. Any such revision made to the Privacy Policy shall immediately bind the Users from the date on which it is posted on the App. Confidential If any revision is unacceptable to the User, the User’s only recourse is to discontinue the access and/or use of the App.

8.5. By providing the User’s contact details on the App, the User affirmatively consents to Eterna’s use of such User contact details to reach out directly to the User, including but not limited to sending notifications, text messages or service updates.

9. INDEMNIFICATION

To the fullest extent permissible by applicable laws, the User shall indemnify, defend and hold harmless Eterna and its relevant affiliates, directors, officers, employees, and/or agents from and against any direct or indirect, incidental, special, consequential or exemplary liability, damage, loss or expense (including attorneys’ fees and expenses of litigation) suffered or incurred by Eterna in connection with any claim, suit, action, demand or judgment arising out of or in connection with: (a) the User’s use of the App; (b) the User’s unauthorized use of the Third Party Sources and Third Party Content (as defined below); (c) the User’s actual or alleged breach of the Terms of Use; (d) any actual or alleged infringement or misappropriation of any intellectual property right or proprietary right in connection with the use of the App; (e) any viruses, trojans, worms, logic bombs or other harmful material introduced by the User on or through the App; and/or (f) fraud, intentional misconduct, gross negligence or violation of publicity or privacy rights by the User in connection with the Terms of Use.

10. LIMITATION AND EXCLUSION OF LIABILITY

10.1. Notwithstanding anything to the contrary in the Terms of Use, in no event shall Eterna be liable to the User based on contract, warranty, tort or otherwise by law, for:

(a) any direct, indirect, incidental, special, consequential, punitive or exemplary damages; or

(b) any loss of profit, revenue, business or data,

arising out of or in connection with the Terms of Use or the User’s use of the App, even if Eterna has been advised of the possibility of such costs or damages.

10.2. In particular, Eterna shall not be liable for withdrawing the App or any delay in providing or restoring the App nor for loss or damage and/or loss of data howsoever caused including without limitation, misuse or any interruption, suspension or termination of the App whether such interruption, suspension or termination was justified or not and whether it was negligent or intentional, inadvertent or advertent or for the contents, accuracy or information or resources made available, received or transmitted through the App.

10.3. Eterna shall have no responsibility over the use of the App and expressly disclaims any liability therefrom. If a User is dissatisfied with any portion of the App or any of the Terms of Use, the User’s sole and exclusive remedy is to (i) request Eterna to disactivate the User’s account on the App; and/or (ii) discontinue accessing and/or using the App.

11. DISCLAIMERS

11.1. The App is provided on an “as is” and “as available” basis. Eterna, to the fullest extent permitted by applicable laws, disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of (i) merchantability; (ii) fitness for a particular purpose; (iii) accuracy, reliability, availability, completeness, timeliness or security of content; and (iv) noninfringement.

11.2. No guarantee shall be given that data communication via the internet shall be error-free, uninterrupted and/or available at all times. Eterna therefore shall not be held liable in respect of any failure to maintain constant, uninterrupted availability or secure access to the App or any damage resulting from such limitations.

11.3. The App may contain links to third party’s websites, applications or other services (“Third Party Sources”) which enable the Users to view, access, link to and utilize content that Eterna does not own or control (“Third Party Content”). The User’s use of Third Party Sources and Third Party Content is at its own risk. The User understands that links to such Third Party Sources do not imply any endorsement by Eterna of Third Party Content, products or services available through such Third Party Sources. The User acknowledges and agrees that Eterna does not accept, claim or take responsibility for any Third Party Sources or Third Party Content, and will not be liable for any damage or loss caused by the User’s reliance on or use of any Third Party Sources and/or Third Party Content. The User acknowledges and agrees that Eterna is not responsible for the privacy practices of Third Party Sources that are linked from or integrated in the App or for privacy practices of third party internet advertising companies.

11.4. Eterna is under no obligation to respond to inquiries submitted on the App.

11.5. Eterna assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content; (ii) death, personal injury or property damage of any nature whatsoever, resulting from the User’s access to and use of the App; and/or (iii) any unauthorized access to or use of Eterna’s secure servers and/or any and all personal information and/or financial information therein. If the User’s use of the App results in the need for servicing or replacing equipment or data, Eterna shall not be responsible for any such costs.

11.6. Eterna:

(a) may suspend, withdraw or restrict the availability of all or part of the App for business and operational reasons without prior notice to the User; and

(b) shall not be held liable for any removal or cancellation of any functionalities of the App at any time without prior notice.

11.7. The User is responsible for obtaining any data network access necessary to use the App. Eterna in no way guarantees that the App, or any portion thereof, will function on any particular hardware or devices.

11.8. The content on the App is provided for general information only. It is not intended to amount to advice on which the User should rely. The User shall obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the App.

11.9. Although Eterna makes reasonable efforts to update the information on the App, Eterna makes no representations, warranties or guarantees, whether express or implied, that the content on the App is accurate, complete or up to date.

11.10. Eterna does not guarantee that the App will be secure or free from bugs or viruses, and any data or information downloaded or otherwise obtained through the use of the App is done entirely at the User's own discretion and risk, and the User is responsible for any damage to their device or loss of data that may result from the download of such data or information. The User is responsible for configuring its information technology, computer programs and platform to access the App. The User should use its own virus protection software.

12. TERMINATION

12.1. At its sole discretion, Eterna may suspend, modify or discontinue the App or any feature or information included on the App at any time, for any reason whatsoever, with or without notice to the User and without any liability.

12.2. If Eterna suspects a breach by the User of any of the Terms of Use or applicable laws and regulations, Eterna may modify, suspend or terminate the User’s access to the App or any feature of the App, with immediate effect with or without notice to the User and without any liability. In addition to modifying, suspending or terminating the User’s access to the App, Eterna reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.

12.3. Once a User has been suspended or terminated, such User shall not register or attempt to register to the App with different credentials, or use the App in any manner whatsoever until such User is reinstated by Eterna. The decision to reinstate a suspended User shall be made at Eterna’s sole discretion.

12.4. All provisions which by their nature should survive to give effect to the Terms of Use shall survive the termination of the User’s access and use of the App.

13. MISCELLANEOUS

13.1. Confidentiality: Any information which is specifically mentioned by Eterna as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by applicable laws or to serve the purpose of these Terms of Use and the obligations of both the parties herein.

13.2. Entire Agreement: The Terms of Use set out the entire agreement and understanding among Eterna and the User with respect to its subject matter and supersede any previous negotiations, representations, undertakings and agreements (whether oral or written). No promises or representations other than those set out in the Terms of Use have been relied upon by the User with respect to its use of the App.

13.3. Precedence: If the provisions of this agreement conflict with any Policy or other document governing the terms of use of the App, this agreement shall prevail, unless expressly agreed otherwise.

13.4. Severability: The provisions contained in each clause of these Terms of Use shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some parts of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

13.5. Modification: Eterna reserves the right, at its sole and absolute discretion, and without prior notice to update, change, modify, alter, add to, supplement, delete or make any other revision to the Terms of Use from time to time with immediate effect. Any such revision made to the Terms of Use shall immediately bind the Users from the date on which it is posted on the App. The User’s continued use of the App following any revision to the Terms of Use shall constitute the User’s complete and irrevocable acceptance of all such revisions. If any revision is unacceptable to the User, the User’s only recourse is to discontinue the use of the App. The date of the most recent revision will be posted at the bottom of this page.

13.6. Waiver: The failure of Eterna at any time to require performance by the User of any of the Terms of Use shall in no way affect the right of Eterna to require such performance at any time thereafter, nor shall the waiver by Eterna of a breach of any of the Terms of Use constitute a waiver of any succeeding breach of the same or any other provision or constitute a waiver of the provision itself.

13.7. Governing Law and Dispute Resolution: These Terms of Use and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law.

Any dispute, claim, difference or controversy of any kind arising out of, relating to or having any connection with these Terms of Use, including any dispute as to its existence, validity, interpretation, performance, breach or termination or the consequences of its nullity and any dispute relating to any non-contractual obligations arising out of or in connection with it or the User’s access or use of the App (a “Dispute”) shall be referred to and finally settled by the competent courts of the Abu Dhabi Global Market.

13.8. Assignment; Successors: Eterna may transfer any of its rights and obligations under the Terms of Use to any other person. The Terms of Use shall inure to the benefit of and be binding upon the respective successors and permitted assigns of Eterna and the User.

13.9. Third Party rights: Except as otherwise expressly stated in these Terms of Use, a person who is not a User has no right under under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of, or enjoy any benefit under, these Terms of Use.

13.10. Relationship of Eterna and the User: Nothing in these Terms of Use is intended to create a partnership, joint venture, agency, franchise, sales representation, employment or any other legal relationship of any kind between Eterna and the User that would impose liability upon Eterna or the User for the act or failure to act of the other or to authorize Eterna or the User to act as agent for the other. Neither Eterna nor the User shall have authority to make representations, act in the name or on behalf of, or otherwise to bind the other.

13.11. Notices: Eterna may provide any notice under the Terms of Use to the User by (i) sending a message to the email address associated with the User in the inquiry form; (ii) sending a text message to the phone number associated with the User in the inquiry form; or (iii) by other similar means. It is the User’s responsibility to inform Eterna of any change to its contact details. The User shall send Eterna all notices by using the tools Eterna makes available to the User on the App.

The Terms of Use were last updated on 17/06/2025.