Except for termination of this Agreement in accordance with section 9(A), all sales and transactions pursuant to this Agreement are final and USER acknowledges that AETERNUM shall not be liable to or owe USER any refund for any fees or monies owed or collected pursuant to this Agreement. In the event this Agreement is terminated in accordance with section 9(A), AETERNUM agrees to provide a partial refund to USER based on the amount of time left outstanding on USER’s subscription.

The term of this Agreement begins on the Effective Date and will continue in effect until terminated earlier in accordance with this Agreement (the “Term”).

Upon termination of this Agreement, USER shall immediately discontinue use of our Platform, Intellectual Property, products, and services. Should you return, you agree to be bound by the most recent terms and conditions at the time of your return. Any part or portion of this Agreement pertaining to authorized or unauthorized use, disputes, intellectual property, representations, warranties, license terms, Digital Inheritance, privacy, indemnification, limitation on liability, notices, release, term, termination, or general terms, or as otherwise necessary to comply with or enforce this Agreement, shall survive termination of this Agreement.

USER hereby represents and warrants that:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PLATFORM, INTELLECTUAL PROPERTY, PRODUCTS, AND SERVICES ARE PROVIDED ‘AS IS’ AND ON AN ‘AS AVAILABLE’ BASIS AND AETERNUM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS. IN NO EVENT WILL AETERNUM BE LIABLE UNDER OR IN CONNECTION WITH: THIS AGREEMENT; THE PLATFORM; INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR THIRD-PARTY CONTENT OR FEATURES; YOUR USE OF OR ACCESS TO THE PLATFORM, ITS CONTENTS, OR OUR INTELLECTUAL PROPERTY; YOUR USER CONTENT; OR WITH RESPECT TO ANY DIGITAL INHERITANCE, DIGITAL INHERITOR, OR THE TRANSMISSION OR TRANSFER OF USER’S USER CONTENT, PROFILE, OR DATA. NOTWITHSTANDING, IN NO EVENT WILL AETERNUM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY OR JURISDICTION EXCEED THE TOTAL FEES PAID TO AETERNUM BY USER UNDER THIS AGREEMENT. ANY THIRD PARTY CLAIMS AGAINST AETERNUM THAT ARISE OUT OF THIS AGREEMENT ARE CONSIDERED A CLAIM OF THE USER UNDER THIS AGREEMENT.

USER acknowledges that the Platform is provided for entertainment purposes only and that no use of the Platform or any of its contents or functions shall be considered by USER as business, professional, or legal advice, including advice related to wills and estates. USER acknowledges that it must retain qualified professional advice before taking or refraining from any action related to the Platform or the Digital Inheritance.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, release, and hold harmless AETERNUM, and its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your breach of this Agreement or our Terms of Service; your use of the Platform in contravention of our Privacy Policy; your use of or access to the Platform or our Intellectual Property; your User Content; your unauthorized use of a third party’s property; or your infringement or breach of a third party’s rights or a third party agreement.

In any dispute brought by a Party to this Agreement, the Parties agree to first negotiate in good faith to cure or resolve such dispute. If the dispute is not cured or resolved within ten (10) days of prior written notice to the other Party, each Party shall submit to arbitration and the decision of such arbitrator shall be final and binding. To the fullest extent permitted by law, each Party waives trial by jury in any action, proceeding, or counterclaim brought by or on behalf of either Party with respect to any matter relating to this Agreement. The arbitrator shall award to the prevailing Party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing Party in connection with the arbitration, and the losing Party shall cover the costs of the arbitrator. To the extent permitted under applicable law, the Parties agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective action basis. If any court or arbitrator finds that this agreement to arbitrate is unenforceable, the Parties agree to submit to the personal and exclusive jurisdiction of the courts of Alberta and Canada, as applicable.

All notices and communications under this Agreement shall be delivered via email to AETERNUM at

legal@aeternumproject.com, Attention: Privacy Officer. All communications with USER shall be sent to the email address USER used to register for the Platform or as updated on USER’s profile.

This Agreement will be governed by and construed in accordance with the laws of Alberta and Canada, as applicable. Subject to the Disputes clause of this Agreement, any action or proceeding arising out of or relating to the Platform or under this Agreement will be instituted in those courts, as applicable, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, but all of which, when taken together, shall be considered one document, and the transmittal of signatures by facsimile or other electronic form is good and valid execution of this Agreement and is legally binding on the Parties. Unless mutually agreed by the Parties in writing, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. Any waiver or partial waiver by AETERNUM of any obligation owed to AETERNUM shall be understood to be a one-time occurrence and shall not create any presumptions thereof and shall not reduce or limit the obligations USER owed to AETERNUM thereafter. No waiver by AETRERNUM or any of its affiliates of any right under or term or provision of this Agreement will be deemed a waiver of any other right, term or provision of this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement, our Privacy Policy, and our Terms of Service constitutes the entire Agreement between you and AETERNUM regarding our relationship and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written, oral, or inferred from conduct, regarding such subject-matter. In the event of any conflict between this Agreement and our Terms of Service, this Agreement shall prevail. Nothing contained herein, expressed, or implied, will constitute or contemplate a partnership, joint venture, employment, or other agency or business relationship between the Parties. The Parties agree that only AETERNUM may assign or transfer this Agreement and its rights and obligations under this Agreement to a third party, at its option and discretion. If any legal proceeding is brought by either Party hereto to enforce or interpret this Agreement, both Parties will be deemed to have jointly drafted this Agreement and neither side will enjoy the benefit of any presumptions regarding which party drafted the contract. The word “including” in this Agreement means ‘including without limitation’. The sections and headers in this Agreement are for context only. Each Party acknowledges to the other they had the opportunity to obtain independent legal advice or have freely chosen not to obtain such advice.