Eternals App Terms

Welcome to the Eternals app!

Eternals is a platform for memorialization of our loved people who passed away. It provides tools for sharing memories and photos between the community of people who knew the deceased or wish to pay their respects.

This Terms of Use governs your use of the Eternals app (“the Platform” or “Eternals Platform”), as well as the relation between yourself and iceberg Technologies Ltd. (company in incorporation), the developer of Eternals (“iceberg”). If you do not agree to these Terms, please discontinue using the Platform.

iceberg will notify the app users of material changes—any changes which impact your rights—through e-mail or through the Eternals app before the change goes into effect. If you have any questions regarding changes, please contact us at info@ice-labs.com. Continued use of the Platform after the changes go into affect constitutes consent to the change.

For this agreement, “iceberg”, “we”, “our” and “us” is defined to include our affiliates, officers, directors, shareholders, related parties, employees, agents and third party service providers.

Creating an Eternals User

In order to add content to the Platform you must sign up as a user. You agree that you will sign up using the name you are commonly known by. If you are creating an account on behalf of an Organization that is a business, you agree that you are authorized to create an Eternals user on behalf of that business. By creating a user on the Platform, you agree that you are at least 18 years of age. The Platform is not directed to children under 18, so if you are under 18 years of age, you are not permitted to access or use the Platform. If we become aware that you are using the Platform even though you are under 18, we will deactivate your user account.

Admin User Accounts

The user who initially creates a new person ("Eternal") on the Platform is considered an Administrative User for that Eternal (“Admin”). Admins have the ability to edit their Eternal details, and delete any content. Users acting as Admins should not rely on the Eternals Platform as a mission critical element, nor as a substitute for standard memorialization services. If an Admin becomes inactive, you agree that iceberg, at our discretion and upon verification, may reassign Admin permissions to another user. By maintaining Admin status, you agree to abide by this Terms of Use regarding proper User Conduct and agree not to use the app for unauthorized or unlawful purposes. Iceberg is committed to preventing fraud, harassment, or abuse though the Platform, and violation of these Terms may result in account termination.

Non-Admin User Accounts

Users may be invited to join the Platform by any user, based on the Platform settings. Non-Admin users may share information with other users of the Platform.

Your Content

We don’t claim ownership over any content you share through the Platform—it’s not part of our business model. However, we do need a limited license to make the Platform run as you expect it to. You retain ownership of the rights in the copyrighted content you contribute or post to the Platform. By contributing content via the Platform, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, distribute, and display your user content in order to provide the Platform. You agree not to contribute or post content that (i) may create a risk of harm to any other person or company, (ii) may constitute a crime or tort, (iii) is unlawful, (iv) infringes the intellectual property rights of others, (v) is invasive of personal privacy or publicity rights, (vi) constitutes harassment or a threat to others, or (vii) contains information that you do not have a legal right to post under any contractual or fiduciary relationship, including information protected by trade secret laws or non-disclosure agreements. While we will do our best to create a tolerant and productive environment on the Eternals Platform, you agree that you may see content on the Platform that is offensive, inaccurate, or otherwise objectionable, and that you shall not hold iceberg in any way responsible for such content. You agree that Your Content may remain available on the Platform even if you are no longer a user of the Platform, or if you delete the App.

Eternals’ Content

Please feel free to tell the world how much you love the Eternals app, but don’t steal our design or code.

iceberg grants you a personal, non-sublicensable and non-exclusive license to use the Platform solely in connection with the Service. Any rights not expressly granted herein are reserved.

Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text in the Eternals app and on the site, our logo, and our source code. We grant you a license to use our logo and other copyrights or trademarks to promote your adoption of the Eternals app as necessary.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing. Please contact us if you have any questions.

User Conduct

Don’t do anything on the app you wouldn’t do in person or at work.

You are responsible for all the activity on your user account. Inappropriate conduct may lead to account termination. Examples of inappropriate conduct include:

Illegal Activities – Don’t break the law or encourage others to break the law.
Abuse – Don’t harass or bully others, or promote violence or hatred towards others.
Tracking – Don’t use the Platform to track, monitor, or spy on other users.
Personal Information – Don’t distribute others’ personal information or otherwise abuse it.
Fraud – Don’t post information that is false or otherwise misleading.
Impersonation – Don’t impersonate anyone. Don’t use another user's account, or allow others to use your user account.
Intellectual Property – Don’t infringe on others’ intellectual property rights.
Spam – Don’t spam others or distribute unsolicited advertising material.
Reverse Engineering – Don’t take apart the Eternal app to figure out our secret sauce.
Privacy - We take user privacy seriously. Please see our Privacy Policy for more information.

You agree that iceberg may access, preserve and disclose your user account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any of your data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Eternals app, its users and the public.

Backup and Termination of Services

You must keep your own backup of the data you store on the Eternals Platform.

Any data stored on the Platform can be deleted by iceberg at any time and for any reason. Furthermore, iceberg may decide to discontinue any or all the Platform services, at any time and for any reason.

We will not be liable for any data loss and you waive any claim against iceberg regarding data loss, unavailability of services or discontinued operation.

Payment

Iceberg may at any time begin to charge payments for use of the Platform or for any service within it.

Account Termination

You may delete your account at any time by contacting us at info@ice-labs.com, but in some cases, we’ll delete it for you.

If a user account is inactive for over six (6) months, it may be considered abandoned and all stored content, messages, and associations may be disassociated from your account or otherwise deleted.

If we determine a user has violated these Terms through the use of the Platform, we may terminate the account at our own discretion.

SMS Text Messages

We may use text messaging as part of our service.

The Eternals app may occasionally send text messages using the short message service (‘SMS’) to mobile devices. Our service provider delivers these text messages, which consist of administrative information, such as verification PINs, or invitations to join the Eternals Platform. To choose to opt out of receiving SMS text messages from the Eternals app, a recipient may reply to any SMS text message with the word ‘STOP’ or may contact iceberg at info@iceberg-tec.com. While iceberg does not charge a fee to receive text messages, standard text messaging rates and other charges from mobile phone carriers may apply. Iceberg does not guarantee that text messages will be sent or will arrive, and you agree that we shall not be liable for any failure for a text message to arrive or any other technical problems related to text message delivery.

Indemnity

If we get sued because of you, you’ll help pay for the legal defense.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of the Eternal Platform. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, shareholders, related parties, employees, agents and third party service providers.

Warranty Disclaimer

Bugs happen. We work hard to fix them. It’s a never-ending cycle, and you accept that.

The Eternals Platform is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is expressly disclaimed and excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Limit of Liability

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of the Eternals app. We are specifically not liable for loss associated with failure to provide the Platform services, or accurate reporting of user activity and for losses caused by conflicting contractual agreements. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of the Eternals Platform, but In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).

Conflicts of Interest

We may have any kind of interest in companies and organizations. By using the Eternals Platform, you agree to waive all claims against us regarding conflict of interests.

Governing Law

This Agreement shall be construed in accordance with, and governed in all respects by, the internal laws of the State of Israel, exclusively (without giving effect to principles of conflicts of laws). Any dispute between the parties shall be subject to the sole and exclusive jurisdiction and venue of the competent courts of the District of Tel Aviv-Jaffa in the State of Israel and no other court or judicial body elsewhere shall have jurisdiction in this matter.

Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against iceberg, you agree to try to resolve the Dispute informally by contacting info@iceberg-tec.com. We’ll try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 15 days after submission, you or iceberg may bring a formal proceeding.

No Class Actions

You may only resolve Disputes with iceberg on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Limitations on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Eternals Platform must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Integration Clause

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

Don’t share stuff through the app that doesn’t belong to you. If you believe that any content on the Eternals Platform infringes your copyrights, please send written notice to info@iceberg-tec.com.

This notice should include the following information:

The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.
A description of the copyrighted work that you claim has been infringed.
A description of the exact location on the Eternals Platform of the content that you claim is infringing. This description must allow us to find and identify the content.
Your name, address, telephone number and email address.
A statement by you that: a) you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent, b) all information contained in your copyright notice is accurate, and c) under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf.

In appropriate circumstances we may terminate the user accounts of repeat infringers.

Questions?

If you have any questions, please email info@iceberg-tec.com.