ETTERNITTY LIFE TERMS AND CONDITIONS
General Service Conditions
Thank you for choosing and using the Ettenitty Life App and/or the website www.etternittylife.com (hereinafter jointly referred to as the "Site"), which are operated by ETTERNITTY LIFE and/or its subsidiaries or creators.
These "Terms of Service" (hereinafter the "Terms") govern the use and access to the Site, as well as services available through the Site, whether these are provided by ETTERNITTY LIFE or by any third party authorized by the latter. Therefore, the "Terms" form a legally binding contract between the "User" and ETTERNITTY LIFE.
By using the Site and/or the services available through it, the "User" (a term defined later) acknowledges having read all these "Terms of Service" and agrees to be governed by them, including the Privacy Notices and Legal Notice of ETTERNITTY LIFE.
By using the Site and/or the services available through it, the "User" agrees to be at least 18 years of age and to have the legal capacity to accept these Terms, or declares that they are the parent or guardian of a minor in whose name they accept these Terms. If the "User" does not accept the Terms of this Site, they are obliged to stop using and/or accessing this Site and/or services available through it.
The services available through the Site may be subject to different or additional terms.
The information provided on the Site is intended for informational purposes only. In case of contradiction between such information and these Terms, these Terms shall prevail.
Site Services
ETTERNITTY LIFE offers various services related to the use of a platform, in which, the "User" can create digital files addressed to Designated Third Parties, which will be made known to them and can only be accessed by them once the "User" has passed away. Services also include various features, such as photo thumbnails, message previews, editing, deletion, sharing, searching, and file encoding.
To access the Services of ETTERNITTY LIFE, the "User" must register for an account providing their email address and choosing a password. The "User" is solely and exclusively responsible for maintaining the confidentiality of their password, as well as for the use of their account.
The "User" agrees not to use another "User's" account or password, nor to disclose their password to any third party.
Definitions
Digital files: shall be understood as all and each of the materials uploaded by a User to the Site.
Designated Third Party: any person that the "User" has selected as the recipient of a digital file. The Designated Third Party does not carry any beneficiary or designee in terms of the Civil Code for the Federal District or Federal, in matters of succession, as well as any other applicable law.
Minor: any person under 18 (eighteen) years of age, which will be counted according to the date they intend to register as a "User". Regarding this point, ETTERNITTY LIFE assumes no responsibility, either directly or indirectly, regarding the truthfulness that the "User" declares about their date of birth or age stated in their registration.
User: every person who registers and opens an account on the Site.
Operation of the Site and Services
The "User" must register for an account providing their email address and choosing a password; this registration and password will serve for the "User" to access the Site whenever required. Within the Site, the "User" can use the platform, in which they can create digital files addressed to Designated Third Parties, which will be made known to them and can only be accessed by them once the "User" has passed away. Services also include various features, such as photo thumbnails, message previews, editing, deletion, sharing, searching, and file encoding.
How to report a "User's" death: The Designated Third Party beneficiaries appointed by "User", once they become aware of their death, must send a notification to ETTERNITTY LIFE, which can be done through the following channels:
Verification of a "User's" death: Once the notification of a "User's" death is received, through any of the means indicated in the previous point, ETTERNITTY LIFE may at its discretion carry out a death verification process, which may consist of any of the following:
Regardless of what is stated in this point, ETTERNITTY LIFE assumes no responsibility and/or obligation, directly and/or indirectly, with respect to the truthfulness or accuracy of the notices that are informed to it by any person according to the preceding provisions and/or any consequence(s) of such notice(s).
Access to Digital Files: (i) Before the death of a “User”, the “User” will be the only person who will have access to their Digital Files; and, (ii) After the death of a User, only the Designated Third Parties once the points 4.1 and 4.2. of these Terms are accredited, will be able to access the Digital Assets.
Transfer of messages to Designated Third Parties: ETTERNITTY LIFE will notify the Designated Third Parties through the emails indicated by the “User” themselves or through the Site itself (when the Designated Third Party is also a “User”), the digital files that a “User” has left them, providing access to the Digital Files through the site and/or services, subject to the following conditions:
Any Digital File of a “User” can only be viewed and/or accessed by the same “User”, or by the Designated Third Parties. ETTERNITTY LIFE does not guarantee that the Digital Files will actually be viewed by the Designated Third Parties of a “User”.
The Digital Files of a “User” will be subject to the storage space that has been contracted.
Designated Third Parties adults and minors: After the death of a “User”, the Designated Third Party if they are over 18 (eighteen) years old, will be able to view the Digital Files sent to them; in the case that the Designated Third Party is a minor under 18 (eighteen) years old, they will need the consent of their parent or guardian. Use of Etternitty GPTS in ChatGPT: Etternitty Life also offers the digital assistant "Etternitty GPTS", accessible through https://chat.openai.com/g/g-JzoiPA25A-etternitty. This assistant is designed to provide informational support on topics related to grief and the fear of death. It is important to note that Etternitty GPTS is not a substitute for professional help and its function is purely informational. By using Etternitty GPTS, the "User" acknowledges and accepts that Etternitty Life, along with OpenAI and ChatGPT, are not responsible for the consequences derived from this interaction. The "User" is solely responsible for the use they make of this digital assistant and must bear in mind that this service does not provide professional therapeutic or psychological counseling. Interaction with humans and professional support is recommended for any emotional or mental health concerns. Etternitty Life maintains a commitment to confidentiality and security in all its digital interactions, however, the "User" accepts that the final responsibility for the use of this service rests with them.
Content of Digital Files
The services and purpose of ETTERNITTY LIFE allow the “User” to share Digital Files with their Designated Third Parties, the “User” being the sole and absolute responsible for the content or material of the Digital Files.
Responsibility: The “User” is solely responsible for the Digital Files, as well as for any information they provide on the “Site”. Likewise, the “User” declares and guarantees that the Digital Files they will maintain on the “Site” are of their exclusive authorship, or, where appropriate, they have the right to use them, releasing any type of responsibility to ETTERNITTY LIFE.
The “User” declares that all their Digital Files have legal content, without causing infringement of the rights of third parties, including, among others, intellectual property rights and privacy rights. Furthermore, for any content uploaded to the “Site”, the “User” declares and guarantees that such content is free of copyright, trademarks, or other intellectual property infringements of third parties; and that they have the consent, release and/or permission of each identifiable person in such Digital File.
ETTERNITTY LIFE Responsibility: ETTERNITTY LIFE is not responsible nor will it be obliged to review the content of the "User's" Digital Files, or any information or content that a "User" provides through the "Site".
It is at the discretion of ETTERNITTY LIFE to review the conduct of a "User", for which it will be necessary to receive complaints from other "Users" or designated Third Parties, warranting intervention by ETTERNITTY LIFE, in which case, ETTERNITTY LIFE will have the right to block, delete, cancel access or remove such Digital Files or the "User's" Account.
Digital Files Ownership: The "User" is the sole owner of their Digital Files, retaining all their property rights over them. However, by uploading or transmitting any Digital File using the "Site", the "User" grants ETTERNITTY LIFE, its affiliates and service providers, a non-exclusive, royalty-free, worldwide license, consent, and authorization to use such Digital Files in any way, provided that such use is for the purpose of ETTERNITTY LIFE providing its services, including hosting, indexing, caching, tagging, copying, transmitting, extracting, creating derivative works and modifying, in any form or medium now known or developed in the future, as well as to share the Digital Files with designated Third Parties (for example, "farewell message").
ETTERNITTY LIFE expressly releases all liability in relation to the Digital Files. ETTERNITTY LIFE reserves the right to delete the Digital Files from its databases at any time due to non-compliance with these Terms and Conditions.
Intellectual Property Rights: Except for the Digital Files, personal data, and information found on third-party websites, all content of the "Site", as well as the services and the system of the "Site", including, among others, the text and images of the same and their arrangement, are owned, controlled, duly obtained or licensed by or in favor of ETTERNITTY LIFE and are protected by applicable copyright and other property laws, including, among others, intellectual property laws.
ETTERNITTY LIFE also owns or is licensed, all intellectual property rights contained in any material and software of the "Site" and the System, including, among others, database rights, trade dress, service marks, website design, graphics, user interfaces, visual interfaces, photographs, text, documents, descriptions, products, interactive features, videos, user submissions, button icons, trademarks, logos, trade names sounds, illustrations, computer code, design, structure, selection, coordination, organization, arrangement, and other matters related to the System and the "Site".
The copying, reproduction, use, modification or publication by "Users", of such materials or any part of the System, "Site" and/or Services in any form or by any means is strictly prohibited.
The "User" agrees not to modify, rent, lease, sell, distribute or create derivative works based on the ETTERNITTY LIFE Services, nor may exploit the ETTERNITTY LIFE services.
All other trademarks, trade names, or copyrights not owned by ETTERNITTY LIFE and appearing on the "Site", are the property of their respective owners, without the "User" having any right to them.
Links to Third-Party Websites: The "Site" and System may contain links to other third-party websites that are not owned or controlled by ETTERNITTY LIFE. ETTERNITTY LIFE is not responsible for the content, accuracy, or opinion expressed on such websites. The inclusion of any linked website on the "Site" or System does not imply approval or endorsement of the linked website by ETTERNITTY LIFE.
The "User" should be careful and consult the applicable terms of use of the website in question. The "User" releases ETTERNITTY LIFE from all and any responsibilities and damages arising from their use or reliance on any service, material, or third-party website, which is provided only for convenience.
In no event shall ETTERNITTY LIFE be responsible, directly or indirectly, for any damage or loss that the "User" suffers and that is caused or allegedly caused by or in connection with the use or reliance on any content, goods or services available on Third Party Sites.
Accounts and Billing: Basic Account: ETTERNITTY LIFE's basic account currently offers a free 30 (thirty) day trial for new "Users" who are not yet registered on the "Site", which entitles them to access ETTERNITTY LIFE services for a period of 30 (thirty) days from the moment they activate their account (the "Free Trial").
After the expiration of the free trial, you will be asked to submit your payment details to continue using your account. If you decide that you do not want to become a paying "User" of the ETTERNITTY LIFE Services when the Free Trial ends, you will not be able to access your ETTERNITTY LIFE account at the end of such trial. You can only use the free trial once. ETTERNITTY LIFE reserves the right, at its sole discretion, to withdraw or modify this free trial offer at any time without prior notice and without liability.
Basic Account Upgrade: The "User" can upgrade their ETTERNITTY LIFE basic account according to the different subscription options offered by ETTERNITTY LIFE, as these are updated or modified.
As a result, the "User" agrees that certain features, tools and/or functionalities of the Services or "Sites, may only be available depending on the type of account, version or subscription they acquire. All upgrades decided by the "User", will be billed by ETTERNITTY LIFE on a monthly, annual, or per event basis, until it receives cancellation from the "User"
Taxes: The "User" is the direct responsible for the taxes generated by the use of the services or "Site" of ETTERNITTY LIFE, except for the Income Tax in Mexico, which will be accounted for by ETTERNITTY LIFE.
For the purposes of the foregoing, the "User" agrees that the fees charged in connection with the "Site" and the ETTERNITTY LIFE Services, already contemplate the totality of the taxes, levies or tariffs imposed by the tax authorities, and, that are directly passed on to the "User".
The "User" accepts that their bank and/or the credit or debit card company they use, may impose compensation fees and/or currency conversion in relation to their subscription fee.
Suspension: The "User" agrees that their account will remain in force until it is cancelled for any reason or they cancel it themselves. From then on, all Digital Files will no longer be available for transmission to the designated Third Parties.
Fee Changes: ETTERNITTY LIFE may change the current fees at its sole discretion and without prior notice. Notwithstanding the foregoing, "Users" who have opted for automatic renewal of the subscription or contracted services, will receive prior notification of these changes via a message to the email address associated with their account.
Automatic Renewal: The "User" may choose the automatic renewal option in those periodic services that are subject to a fee. For the purposes of the foregoing, the automatic renewal option automatically renews the applicable service for a renewal period equal to the original service period. Therefore, unless you cancel your subscription, ETTERNITTY LIFE will automatically renew the corresponding service when the renewal occurs, and will take payment from the payment method you have registered with ETTERNITTY LIFE at the current rates of ETTERNITTY LIFE, which you acknowledge and agree may be higher. or lower than the rates of the original service period.
The "User" may cancel their subscription to such services before the automatic renewal at any time. In such case, the services will be suspended upon expiration of the respective period for which they have paid and will have no claim towards ETTERNITTY LIFE in relation to the interruption of the services.
Cancellation and Refunds: The "User" may stop using the services and/or "Site" of ETTERNITTY LIFE at any time, as well as cancel their account completely, for which, it will be necessary to send an email to the following electronic address: ____________________.
ETTERNITTY LIFE reserves the right to suspend or terminate the Services at any time at its sole discretion and without prior notice, if the "User" is not complying with these Terms, or if they use the Services or "Site" in a way that would cause legal liability to ETTERNITTY LIFE.
The services of ETTERNITTY LIFE are provided on a prepaid basis, so if the "User" chooses to cancel their ETTERNITTY LIFE account without cause attributable to the latter, they accept that they will not be entitled to demand any refund of the payments made.
If there are charges from the "User" that they do not recognize, they should immediately contact ETTERNITTY LIFE at the following electronic address: ____________________. Charges may not be claimed if they exceed 15 (fifteen) calendar days from the date of charge to the date of claim.
Non-Operative Account: After receiving notification of the death of a "User" and the verification process of ETTERNITTY LIFE as set forth above, then: (i) ETTERNITTY LIFE will stop charging the account of such "User", (ii) the "User's" account will become a non-operative account and (iii) all of the "User's" Digital Files will be stored in the security systems of ETTERNITTY LIFE until the time they are sent to the designated Third Parties.
Sponsorship Plans and Collaboration Agreements: ETTERNITTY LIFE is working to obtain, from time to time, sponsorship agreements, collaboration, cooperation, commercial alliances with organizations or third parties, that are related or not to the services or purposes of the "Site". Therefore, the "User" agrees that brands or content from third parties may appear on the "Site".
Prohibited Uses.
The "User" agrees not to use the Services within the "Site" for the purpose of harming, threatening, harassing, abusing, stalking, defaming, or infringing upon the rights of any third party or person and/or organization, as well as for creating similar services or websites or applications.
The "User" may not: (i) harm, disable, overload, or impair the Services or the "Site"; (ii) resell or redistribute the Services or any part of them, as well as the "Site"; and (iii) frame or use, directly or indirectly, any framing techniques to include any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ETTERNITTY LIFE and/or its affiliates or collaborators.
The "User" must not: (i) use the Services or "Site" for any purpose other than that expressly permitted by these Terms; (ii) engage in any illegal or fraudulent activity or perpetrate a deception or participate in phishing schemes, forgery, or similar data falsification or manipulation; (iii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicate or unsolicited messages, whether commercial or otherwise; (iv) store or transmit inappropriate content, such as content containing illegal, defamatory, threatening, pornographic, abusive, slanderous material or otherwise objectionable of any kind or nature; (v) store or transmit any content that contains or is used to initiate a denial-of-service attack, software viruses, or other harmful or detrimental computer code, files, or programs, such as Trojan horses, worms, time bombs, or spyware. (vi) modify, decompile, reverse engineer, disassemble, publish, create derivative works, copy, distribute, disseminate, transmit, display, license, sell, use any content from this "Site" or frame this "Site" within any other site, nor use meta-tag searches or perform any activity that could damage the operation of the "Site" or exploit for any purpose the content, information, and source code of the "Site," including attempting to derive the source code from, modify, or create derivative works of the license, including updates or any part thereof; (vii) collect content or information from the "Site," or otherwise access the "Site" using any automated means, including, but not limited to, "spiders," "offline readers," "robots," and "scrapers"; (viii) disrupt servers or networks connected to the "Site"; (ix) disable, bypass, directly or indirectly, or otherwise interfere with the security-related functions and content of the "Site" or with the functions and content that prevent or restrict the use or copying of any content or that impose limitations on the use of the "Site"; (x) collect or gather any personal identification information from the "Site"; and (xi) use the "Site," directly or indirectly, for commercial purposes or for commercial solicitation purposes.
Warranty Disclaimers.
The "Site," system, and services are provided "as is," "as available," and "with all faults," and are used solely at the "User's" own risk, to the fullest extent permitted by law. The "User" waives all and any warranties, express or implied, of any kind, with respect to the System and/or the Services (including, among others, its software, functionality, or any content included therein), as to title, non-infringement, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, merchantability, fitness for a particular purpose or absence of viruses.
The "User" agrees that any information they provide to the "Site" may be lost or destroyed, and that ETTERNITTY LIFE is not responsible for the loss of such information.
ETTERNITTY LIFE cannot guarantee that the "Site," information, and Services are free from errors and/or problems and/or other limitations. ETTERNITTY LIFE will not be responsible for the acts, omissions, and conduct of third parties in connection with or related to the "User's" and/or their designated third parties' use of the "Site" and/or the Services.
The "User" expressly agrees that any use or access to the "Site" is at their sole risk and responsibility. Neither ETTERNITTY LIFE nor any of its affiliates, officers, executives, directors, employees, licensors, agents, representatives, and shareholders guarantee and/or warrant that the content, information, materials, Services, or products of the "Site" are accurate and up-to-date, nor that access to the "Site" will be uninterrupted or free from security breaches, virus attacks, and similar nature, or that the "Site" and its servers are free from harmful components. Except as expressly stated in the ETTERNITTY LIFE Privacy Policy, ETTERNITTY LIFE makes no representation, warranty, or condition of any kind, express or implied, as to the security of any information you may provide or activities in which you may participate during the use and/or access to the "Site" and the Services. The "User" assumes full responsibility for all Digital Files and personal data they uploaded, releasing ETTERNITTY LIFE from any kind of liability.
Limitation of Liability.
Under no circumstances and to the extent permitted by law, ETTERNITTY LIFE or any of its subsidiaries, affiliates, officers, executives, directors, employees, licensors, agents, representatives, and shareholders will be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages arising from the use of the "Site," System, or any other claim related in any way to these. Likewise, it will not be responsible for the consequences that may occur to the designated Third Parties of the "Users," including emotional or physical distress or pain, reputation, personal injury, social damage, business, or profits.
In the event that any authority determines any type of liability on the part of ETTERNITTY LIFE, the "User" acknowledges that this will be limited to the total amount they may have paid to ETTERNITTY LIFE.
Dispute Resolution.
The "User" agrees that before filing any claim against ETTERNITTY LIFE, they will seek to resolve any differences or claims amicably, for which they may have conciliation meetings in person or electronically in which minutes of the agreed points will be taken.
General Matters.
Applicable Law and Jurisdiction: These Terms will be governed by the laws of Mexico City, with the "User" waiving any jurisdiction that may correspond to them by reason of their domicile. Any claim or dispute between the "User" and ETTERNITTY LIFE that arises in whole or in part from the "Site" and/or the Services will be decided exclusively by a competent court located in Mexico City.
Entire Agreement: These Terms constitute the entire agreement between the "User" and ETTERNITTY LIFE with respect to the "Site" and the Services and supersede any prior agreement.
Waiver, Severability, and Assignment: The fact that ETTERNITTY LIFE does not enforce a provision of these Terms does not mean nor should it be understood as a waiver to exercise that right later. If it is determined that a provision of these Terms or the Privacy Policy is not applicable or enforceable, such situation will not affect the other provisions of these Terms or the Privacy Policy.
The "User" may not assign any of their rights under these Terms, and any attempt to do so will be void. ETTERNITTY LIFE may assign its rights to any of its affiliates, subsidiaries, or any third party.
Modifications: The content of this "Site," Services, including these Terms, are subject to modification or change at any time and at the sole discretion of ETTERNITTY LIFE. The "User" is advised to periodically consult the Terms and the ETTERNITTY LIFE Privacy Policy for updates. Any modification or change will become effective once ETTERNITTY LIFE publishes it on the "Site," with the "User" accepting such changes or modifications once they use and/or access the "Site".
Contact: Any questions, concerns, complaints, requests, or any other type of information required by the "User" can be requested at the following email address: info@etternittylife.com
LEGAL NOTICES
Intellectual Property and Confidentiality
All the content of this program, website, application, and/or document (text, figures, lists, graphics, design, diagrams, as well as other graphic and/or audio and video elements), whatever the format used (paper or electronic), is the property of Jorge Emmanuel Sánchez Morales (Etternitty Life).
This document includes ideas and information based on the experience, know-how, intellectual effort/creativity of Etternitty Life. For these reasons, this material will not be used, reproduced, copied, disclosed, transmitted, transformed, commercialized, or communicated, in whole or in part, to third parties or to the public, without the express and written consent of Etternitty Life.
Those who have access to the content of this program, website, application, and/or document must keep strict confidentiality of all the information, without it being understood as binding rights in their favor.
This program, website, application, and/or document is protected by applicable copyright and intellectual property laws. Unauthorized use is a violation of copyright and intellectual property rights.
Trademark
The "Etternitty Life" trademark and logo, as well as any other trademarks, notices, or commercial designations that appear in this document, are registered (reserved) trademarks and property of Etternitty Life, unless otherwise indicated. Unauthorized use or duplication of these is strictly prohibited by Intellectual Property laws.
It is expressly forbidden for the recipients of this document to reproduce, commercialize, delete, modify, alter, or usurp, either in whole or in part, the trademarks, notices, and commercial names owned by Etternitty Life, without the prior consent of its owner.
Any violation of intellectual property laws will be penalized by the corresponding national and international legislation.
In case of doubt regarding the authority or legal possibility to use the trademarks, names, or commercial notices of this document, please immediately refrain from using them and contact us at the following email: info@etternittylife.com.
Last Updated November 2023.