Terms and Conditions

Last updated: March 21, 2024

1. Agreement to Our Legal Terms

These Legal Terms constitute a legally binding agreement between you and Beternal ("Company," "we," "us," "our") concerning your access to and use of our Services, which include our website https://www.beternal.life (the "Site"), the mobile application Beternal (the "App"), and any other related products and services that refer or link to these Legal Terms (collectively, the "Services").

By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, you are expressly prohibited from using the Services and must discontinue use immediately.

2. Changes to Terms

We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become effective seven (7) days after the notice is given, except for changes related to new functionality, security updates, and bug fixes, which will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate your use of the Services.

3. User Eligibility

The Services are intended for users who are at least 13 years of age. If you are a minor in your jurisdiction (generally under 18), you must have the permission of, and be directly supervised by, your parent or guardian to use the Services. Your parent or guardian must read and agree to these Legal Terms prior to your use.

4. Our Services

We operate a media and data preservation platform and a post-death distribution system.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement. Users who access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA. You may not use the Services in a way that would violate GLBA.

5. Intellectual Property Rights

5.1. Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including the Content (source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics) and the Marks (trademarks, service marks, and logos).

Our Content and Marks are protected by copyright and trademark laws in the United States and internationally and are provided "AS IS" for your personal, non-commercial use only.

5.2. Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print copies of Content to which you have properly gained access, solely for your personal, non-commercial use.

Any other use, including commercial exploitation, is prohibited without our express prior written permission. Requests for permission should be sent to [email protected]. Any permitted use must identify us as the owners or licensors and include any copyright or proprietary notices.

We reserve all rights not expressly granted to you. Breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and will result in immediate termination of your right to use our Services.

5.3. Your Submissions and Contributions

By sending us Submissions (questions, comments, suggestions, ideas, feedback), you agree to assign to us all intellectual property rights in such Submissions. We shall have the unrestricted right to use and disseminate them for any lawful purpose without acknowledgment or compensation to you.

The Services may allow you to post Contributions (text, writings, video, audio, photographs, music, graphics, comments, etc.). Any Contribution publicly posted will be treated as a Submission.

By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, reformat, translate, excerpt, and exploit your Contributions for any purpose, including commercial and advertising. This includes the use of your name, trademarks, and logos.

You are responsible for your Submissions and Contributions and warrant that they are legal, not harassing, hateful, harmful, defamatory, obscene, etc., and do not infringe on any third party's rights. You agree to indemnify us for any losses resulting from your breach of this section.

We may remove or edit your Content at any time without notice if we consider it harmful or in breach of these Legal Terms.

6. User Representations

By using the Services, you represent and warrant that your registration information is true, accurate, current, and complete; you will maintain its accuracy; you have the legal capacity to comply with these Legal Terms; you are at least 13 years old; if you are a minor, you have parental permission; you will not access the Services through automated means; you will not use the Services for any illegal or unauthorized purpose; and your use will not violate any applicable law or regulation.

If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account.

7. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We reserve the right to remove, reclaim, or change a username you select if we deem it inappropriate, obscene, or otherwise objectionable.

8. Purchases and Payment

We accept Visa, Mastercard, American Express, Discover, and PayPal. You agree to provide current, complete, and accurate purchase and account information and to promptly update it as needed. Sales tax will be added as required. We may change prices at any time. All payments are in US dollars.

You authorize us to charge your chosen payment provider for all purchases, including applicable shipping fees. We reserve the right to correct pricing errors and to refuse or limit orders at our discretion.

9. Subscriptions

9.1. Billing and Renewal

Your subscription will automatically renew unless canceled. You consent to recurring charges to your payment method until you cancel.

9.2. Free Trial

We may offer a free trial period. Your account will be charged at the end of the free trial based on your chosen subscription plan.

9.3. Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by contacting us. Your cancellation will be effective at the end of the current paid term. For questions or dissatisfaction, please email us at [email protected].

9.4. Fee Changes

We may change subscription fees and will communicate any price changes to you in accordance with applicable law.

10. Prohibited Activities

You may not use the Services for any purpose other than that for which they are made available, and not for any commercial endeavors unless specifically endorsed or approved by us.

As a user, you agree not to:

• Systematically retrieve data without written permission.
• Trick, defraud, or mislead us or other users.
• Interfere with security-related features.
• Disparage or harm us or the Services.
• Use information obtained from the Services to harass, abuse, or harm others.
• Make improper use of our support services.
• Use the Services in a manner inconsistent with applicable laws.
• Engage in unauthorized framing or linking.
• Upload or transmit viruses or spam.
• Engage in automated use of the system.
• Delete copyright or proprietary notices.
• Impersonate another user.
• Upload or transmit passive information collection mechanisms.
• Interfere with or disrupt the Services or connected networks.
• Harass, annoy, intimidate, or threaten our employees or agents.
• Attempt to bypass access restrictions.
• Copy or adapt the Services' software.
• Decipher, decompile, disassemble, or reverse engineer the software.
• Use unauthorized automated systems or software to access the Services.
• Use a buying agent to make purchases.
• Make unauthorized use of the Services, including collecting user information for unsolicited communication.
• Use the Services to compete with us or for commercial gain without our approval.
• Advertise or offer to sell goods and services through the Services.
• Sell or transfer your profile.

11. User Generated Contributions

The Services may allow you to post Contributions. By doing so, you represent and warrant that your Contributions do not infringe on any third party's rights; you have the necessary permissions; they are not false, inaccurate, or misleading; they are not unsolicited advertising; they are not obscene, lewd, violent, harassing, libelous, or otherwise objectionable; they do not ridicule, mock, disparage, intimidate, or abuse anyone; they are not used to harass or threaten; they do not violate any applicable law, regulation, or rule; they do not violate privacy or publicity rights; they do not violate child pornography laws; and they do not include offensive comments related to race, origin, gender, preference, or handicap; and they do not violate any provision of these Legal Terms.

Any use of the Services in violation of these terms may result in termination or suspension of your rights to use the Services.

12. Contribution License

By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, including commercial and advertising. You waive all moral rights in your Contributions.

We do not assert ownership over your Contributions; you retain full ownership. We are not liable for any statements in your Contributions. You are solely responsible for your Contributions and agree to exonerate us from any responsibility regarding them.

We have the right to edit, redact, re-categorize, pre-screen, or delete any Contributions at any time without notice and have no obligation to monitor them.

13. Mobile Application License

13.1. Use License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on your devices in accordance with these Legal Terms. You shall not decompile, reverse engineer, modify, violate laws, remove proprietary notices, use for commercial purposes, make the App available over a network, use it to create a competitive product, send automated queries or unsolicited emails, or use our intellectual property in the development of unauthorized applications.

13.2. Apple and Android Devices

Specific terms apply when using the App from the Apple Store or Google Play, including limitations on the license, our responsibility for support, warranty disclaimers, your representations regarding your location and prohibited status, compliance with third-party terms, and the App Distributors being third-party beneficiaries of these terms.

14. Social Media

You may link your account with third-party social media accounts. By doing so, you allow us to access, store, and use content from those accounts as per their terms and your privacy settings. You represent that you have the right to grant us such access without breaching any third-party terms or incurring fees. Social Network Content may become unavailable if the third-party service becomes unavailable or our access is terminated.

Your relationship with third-party service providers is governed by your agreements with them. We are not responsible for Social Network Content. You can disable the connection between your accounts at any time. We may access your email address book and contacts list to identify other users of the Services.

15. Third-Party Websites and Content

The Services may contain links to third-party websites and content. We are not responsible for the accuracy, appropriateness, or completeness of these third-party resources. Accessing them is at your own risk, and their terms and policies apply. We are not responsible for any purchases made through third-party websites or any harm resulting from third-party content or websites.

16. Services Management

We reserve the right to monitor the Services for violations of these Legal Terms, take legal action against violators, refuse or restrict access to Contributions, limit availability, and manage the Services to protect our rights and facilitate proper functioning.

17. Privacy Policy

By using the Services, you agree to our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States, and by using them, you consent to the transfer and processing of your data in the United States. We do not knowingly collect information from children under 13.

18. Copyright Infringements

If you believe any material on the Services infringes your copyright, please notify us immediately with the required information as per applicable law.

19. Term and Termination

These Legal Terms remain in effect while you use the Services. We may, at our sole discretion, deny access to the Services to any person for any reason or no reason, including for breach of these Legal Terms or any applicable law. We may terminate your use or account and delete any posted content at any time without warning.

If your account is terminated or suspended, you are prohibited from creating a new account.

20. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We are not obligated to update any information. We will not be liable for any modification, price change, suspension, or discontinuance of the Services.

We do not guarantee the Services will be available at all times and may experience interruptions, delays, or errors. We may change, revise, update, suspend, or discontinue the Services at any time without notice. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Services.

21. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Puerto Rico, without regard to its conflict of law principles.

22. Dispute Resolution

Any legal action shall be commenced or prosecuted in the federal courts located in Puerto Rico, and you consent to the jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods and UCITA are excluded. Any claim related to the Services must be commenced within one (1) year after the cause of action arises.

23. Corrections

The Services may contain errors, inaccuracies, or omissions. We reserve the right to correct these at any time without prior notice.

24. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR ANY LINKED WEBSITES OR APPS. WE ASSUME NO LIABILITY FOR ANY ERRORS, INACCURACIES, PERSONAL INJURY, PROPERTY DAMAGE, UNAUTHORIZED ACCESS, INTERRUPTIONS, BUGS, VIRUSES, OR LOSS OR DAMAGE RESULTING FROM THE USE OF ANY CONTENT.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH THE SERVICES OR ANY LINKED WEBSITES OR APPS. WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS. USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN PURCHASING PRODUCTS OR SERVICES.

25. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US IN THE SIX (6) MONTHS PRIOR TO THE ACTION OR $5,000.00 USD. SOME LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

26. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, arising out of your Contributions, use of the Services, breach of these Legal Terms, breach of your representations and warranties, violation of third-party rights (including intellectual property rights), or any harmful act toward another user of the Services. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

27. User Data

We will maintain certain data that you transmit to the Services for managing their performance and data related to your use. You are solely responsible for all data you transmit or that relates to your activities using the Services. We are not liable for any loss or corruption of such data.

28. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS. You waive any rights under laws requiring original signatures or non-electronic records.

29. California Users and Residents

If a complaint is not satisfactorily resolved, California users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

30. Miscellaneous

These Legal Terms and any posted policies constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others. We are not liable for events beyond our reasonable control. If any provision is unlawful, void, or unenforceable, it is severable and does not affect the remaining provisions. No joint venture, partnership, employment, or agency relationship is created. You agree that these Legal Terms will not be construed against us due to drafting. You waive any defenses based on the electronic form of these Legal Terms.