Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Eternity Photos Inc., a Delaware corporation ("Company," "we," "us," or "our"), governing your access to and use of the website located at eternity.photos (the "Site") and all related services, including our permanent photo archival services (collectively, the "Services").

By accessing or using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Site or Services.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.

2. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Services under applicable law
• Provide accurate and complete registration information

By using our Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Description of Services

Eternity Photos provides permanent physical photo archival services, including:

• Digital-to-Physical Conversion: Converting digital photographs into archival-grade physical media (silver-halide microfiche and/or archival film)
• Secure Storage: Long-term storage of physical archives in secure, climate-controlled facilities including Iron Mountain (USA) and the Arctic World Archive (Norway)
• Dual-Continent Redundancy: Storage of copies in multiple geographic locations for maximum preservation
• Retrieval Services: Access to and retrieval of archived materials upon request

The specific features and scope of Services are described on our Site and in your service agreement.

4. Account Registration

4.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Services will immediately cease, but provisions that by their nature should survive termination shall survive.

5. User Content

5.1 Ownership

You retain all ownership rights in the photographs, images, and other content you upload to our Services ("User Content"). By uploading User Content, you grant us a limited, non-exclusive license to use, reproduce, modify, and store your User Content solely for the purpose of providing the Services.

5.2 User Representations

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to upload and archive the content
• The content does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• The content does not violate any applicable law or regulation
• The content does not contain any viruses, malware, or other harmful code

5.3 Prohibited Content

You may not upload content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Depicts child sexual abuse material (CSAM) or exploitation of minors
• Infringes any patent, trademark, copyright, trade secret, or other intellectual property rights
• Violates the privacy or publicity rights of any third party
• Contains malicious code or is designed to disrupt our Services

We reserve the right to refuse to archive or remove any content that violates these Terms.

6. Fees and Payment

6.1 Pricing

The fees for our Services are as described on our Site at the time of purchase. All prices are in United States Dollars (USD) unless otherwise specified.

6.2 Payment Terms

Payment is due at the time of purchase unless otherwise agreed. We accept payment through Stripe and other payment methods as indicated on our Site. By providing payment information, you represent that you are authorized to use the payment method.

6.3 Annual Storage Fees

Certain service packages include ongoing annual storage fees. These fees are due annually on the anniversary of your initial purchase. Failure to pay annual storage fees may result in suspension of access to your archived materials, though we will make reasonable efforts to contact you before taking such action.

6.4 Taxes

You are responsible for all applicable taxes, duties, and other governmental charges associated with your purchase, except for taxes based on our net income.

6.5 Refund Policy

Due to the nature of our Services (physical production and storage of archival materials), all sales are final once production has begun. Refund requests for orders where production has not yet commenced will be considered on a case-by-case basis. Please contact support@eternity.photos for refund inquiries.

7. Service Level and Preservation Guarantee

7.1 Preservation Commitment

We commit to preserving your archived materials for your lifetime plus 100 years, subject to continued payment of applicable storage fees and the continued operation of our storage facilities. This commitment is subject to the limitations set forth in these Terms.

7.2 Storage Facilities

Your archived materials will be stored in facilities meeting industry standards for archival preservation, including climate control, security, and disaster protection. We partner with established storage providers including Iron Mountain and the Arctic World Archive.

7.3 No Absolute Guarantee

While we employ best practices and partner with world-class facilities, we cannot guarantee absolute preservation against all possible events, including but not limited to acts of war, terrorism, natural disasters of unprecedented magnitude, or other force majeure events. See Section 12 (Limitation of Liability) for more details.

8. Intellectual Property

8.1 Our Intellectual Property

The Site, Services, and all content, features, and functionality (excluding User Content) are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal, non-commercial use in accordance with these Terms.

8.3 Restrictions

You may not:

• Copy, modify, or distribute any part of the Site or Services
• Reverse engineer, decompile, or disassemble any software used in the Services
• Use any automated means to access the Site or Services
• Remove any copyright, trademark, or other proprietary notices
• Use our trademarks or branding without prior written consent

9. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

10. Third-Party Services

Our Services may integrate with or contain links to third-party websites, services, or content. We do not control, endorse, or assume responsibility for any third-party content or services. Your use of third-party services is at your own risk and subject to the terms and policies of those third parties.

Key third-party service providers include:

• Stripe: Payment processing
• Iron Mountain: Physical storage (USA)
• Arctic World Archive: Physical storage (Norway)

11. Disclaimer of Warranties

We do not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services will meet your specific requirements

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

12.1 Cap on Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

12.2 Basis of the Bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

12.3 Exceptions

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of the Services
• Your User Content
• Your violation of these Terms
• Your violation of any rights of any third party
• Your violation of any applicable law or regulation

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Governing Law

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact us at legal@eternity.photos and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or the Company may proceed to arbitration.

15.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.

15.3 Arbitration Procedures

• The arbitration shall be conducted by a single arbitrator
• The arbitration shall be held in Wilmington, Delaware, or at another mutually agreed location, or via telephone or video conference if requested
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court having jurisdiction
• The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act

15.4 Arbitration Fees

If you initiate arbitration, you will be responsible for paying the AAA filing fee up to the amount of the filing fee you would have paid to file a lawsuit in a court of general jurisdiction. We will pay any additional AAA fees. Each party shall bear its own attorneys' fees and costs, unless the arbitrator awards fees and costs to the prevailing party.

15.5 Class Action Waiver

15.6 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.7 Opt-Out

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@eternity.photos within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out, you may still be bound by any arbitration agreements you previously agreed to with us.

15.8 Survival

This arbitration agreement shall survive termination of these Terms and your use of the Services.

16. Force Majeure

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

• Acts of God, natural disasters, earthquakes, floods, fires, or severe weather
• War, terrorism, civil unrest, or armed conflict
• Government actions, laws, regulations, or embargoes
• Epidemics, pandemics, or public health emergencies
• Failure of third-party services or infrastructure
• Power outages or telecommunications failures
• Labor disputes or strikes

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice or consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

21. Electronic Communications

By using our Services, you consent to receiving electronic communications from us. These communications may include notices about your account, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

22. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

23. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.

24. Contact Information

If you have any questions about these Terms, please contact us:

Eternity Photos Inc.
Attn: Legal Department
1875 Mission St Ste 103, Unit #649
San Francisco, CA 94103
United States

Email: legal@eternity.photos

For general support inquiries: support@eternity.photos