Data Act (Regulation (EU) 2023/2854)
Switching Conditions and Procedure
The Customer may, at any time during the subscription term, with no less than two (2) months’ notice of its decision, request Eterny in writing to either (a) switch to a different service provider of data processing services; or to port all data to an on-premises ICT infrastructure; or (b) request Eterny to erase data upon termination of Services (collectively “Switch Request”). Eterny shall initiate the switching process no later than 2 months after receiving the Switch Request (the “Notice Period”).
The switching shall then be carried out during a transitional period of 30 calendar days, starting at the end of the Notice Period. Where justified by the volume, complexity or regulatory nature of the data, Eterny may extend the transitional period for up to a total of 7 months from the Switch Request upon no less than 14-day notice from the Switch Request to the Customer.
During such transition period, Customer shall continue to have access to the Services and the Agreement shall remain in force. During the transitional and retrieval period, Eterny shall act with due care and maintain business continuity, assist the Customer in the switching process, and ensure the continued security of the data and Services. Any services not expressly included in the scope of the Services or described in this Addendum shall be deemed out of scope and may be provided by Eterny only under a separate written agreement.
Eterny may charge the Customer reasonable, cost-based switching fees covering the direct technical and operational effort required to execute the transfer and maintain continuity of service, and these fees shall be invoiced and payable prior to data export.
If the Customer exercises the switching right before the expiry of any fixed or committed subscription term, in addition to the switching fees, all remaining subscription fees for that committed term shall become immediately due and payable as a reasonable and proportionate early termination fee. Such early termination fee is a genuine pre-estimate of loss, intended to compensate Eterny for unrecovered costs and discounts granted for the committed term, and shall not be treated as a penalty. All amounts already paid are non-refundable and non-cancellable.
Services shall be deemed terminated, and the Customer shall be notified of such termination, in either of the following cases:
(a) Switching completed: upon the successful completion of the switching process by the Customer at the end of the applicable transitional period ; or
(b) Data erasure: at the end of the applicable Notice Period, where the Customer elects not to switch to another provider but to have Eterny erase all exportable data and digital assets upon termination of the Services.
Upon expiry of the transitional period, the Customer shall have an additional thirty (30)-day retrieval period (the “Retrieval Period”) to access and download its exportable data and digital assets. The Customer shall pay Eterny a pro-rated portion of the annual fees for such Retrieval Period. After successful completion of the switching process and expiry of the Retrieval Period (or any later period agreed in writing), Eterny shall permanently delete or anonymise all Customer data in accordance with its data-retention policies, except where retention is required by law.
Information required according to Article 26 of the Data Act (online register)
The register below includes a list of all categories of exportable data and digital assets that can be ported during the switching process.
Data Portability: Eterny shall make available, and the customer may extract content at any time during the subscription in the commonly accepted and used formats as indicated below.
Export options:
Exportable data is available in all formats and structures in which the customer uploaded it to the Eterny Platform.
- CSV: Ideal for importing data into other database tools or spreadsheets.
- HTML: Useful for sharing data in a web-friendly format, with the option to copy the export data to the clipboard.
- PDF: Suitable for creating read-only versions of your data for reports and presentations
- XLS: Best for working with data in Excel, allowing full editing, formatting, and use of formulas
- TXT: Ideal for exporting plain text data that can be opened in any text editor or processed by other applications.
- Other formats used by customer and uploaded to the Eterny Platform
Exportable Data list: The list below provides a complete overview of all data categories of exportable data and digital assets that can be exported or transferred during the switching process.
You can export the following data from Eterny Platform:
- All data that you have uploaded to the Eterny Platform
- All data that you were granted access to as a Trusted contact or Beneficiary
- Profile page
Data that can’t be exported:
- Automation rules
- Settings
- Third-party apps and app data
- Internal system logs
- Metadata for fraud prevention/security
- Aggregated usage stats
- System-level authentication logs
Methods of Data Transfer (to another provider / ICT):
- Secure download via HTTPS/API
- Bulk export via admin interface
Known Limitations:
- attachments may need separate export
- formatting may differ across Eterny Platform
Eterny may inform customer about any further risks to the continuity in the provision of the services and/or technical limitations as a result of the switching once the switching request is submitted or as otherwise indicated by Eterny.
Safeguards against unauthorized access by government administrations to data stored in the EU
Data Access Requests: Where legally permissible, Eterny will notify the customer if it receives a legally binding request from a public authority (including judicial or administrative authorities, or national security or intelligence agencies) for disclosure of or access to the customer’s data or becomes aware of any direct access by such authorities. Eterny will cooperate with the customer and provide reasonable assistance to respond to the request.
Eterny will use all reasonably available legal mechanisms to challenge any binding legal requests for disclosure of or access to customers’ data made by any public authority that it receives, as well as any non-disclosure provisions attached to any such request. Eterny will review any legal requests in line with art. 32 of the Data Act. Eterny further states that it will make reasonable efforts to provide public authorities with only the minimum information required, based on a reasonable interpretation of the request.
If Eterny is prohibited by applicable law or regulation from notifying the customer or disclosing the details of a public authority request to the customer, Eterny will use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible.
Security Measures: For a general description of the technical, organisational and contractual measures adopted by Eterny in order to prevent international governmental access to or transfer of non-personal data held in the Union where such access or transfer would create a conflict with Union law or the national law of the relevant Member State, please see our Technical and Organisational Measures.
Jurisdiction to which the ICT infrastructure deployed for data processing is subject
The jurisdiction applicable to Eterny Platform infrastructure, where your data and your assets will be stored, depends on a number of factors, including the region(s) where they are physically located. The location where the data is hosted is: Ireland, the Czech Republ
Effective Date: 19.02.2025
These Terms of Service ("Terms") govern your relationship as a user with Eterny Legacy s.r.o., located at Soudní 321, 768 61 Bystřice pod Hostýnem, Company ID: 218 57 997 ("we" or "Eterny"), as the operator, when using the Eterny platform. The Eterny platform is a tool for managing digital assets, estate planning, and recording authorized persons. It allows for the organization and preservation of information about assets, wills, and beneficiaries to ensure their transfer to future
generations.
1 INTRODUCTORY PROVISIONS
1.1 By using our services within the Eterny platform, you agree to these Terms and confirm that
you haveread and understood them.
1.2 The Terms take precedence over any conflicting information contained in other materials (e.g., promotional materials, emails, websites, or the Eterny platform).
2 DEFINITIONS
2.1 Unless the context requires otherwise, words and expressions used in this section have the meanings assigned to them in the Terms:
"Personal Data"
Information about an identified or identifiable natural person, such as their name, identification number, location data, network identifier, or one or more specific elements of the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
"Platform"
The web platform through which Eterny offers and provides itsServices.
"Services"
The services that Eterny provides to Users through the Platformand Websites.
"Agreement"
The contract between Eterny and the User for the provision ofServices.
"Consumer"
A User who is a natural person acting outside the scope of their business activities or outside the scope of their independent profession.
"Account"
The User's account created on the Platform.
"User"
A natural or legal person using the Services of the Platform and avisitor of the Websites.
"Websites"
The websites through which Eterny provides access to the Platform ( www.eterny.io and app.eterny.io ).
3 DESCRIPTION OF SERVICES
3.1 The Services include the management of your documents, assets, investments, and digital and tangible legacy in the Platform. The Platform allows, and will in the future allow, the secure storage of important documents, digital will planning, and setting administrators and recipients of your data and assets.
3.2 The Services include the analysis and sorting of your documents and data through artificial intelligence (AI) primarily for the purpose of:
- Automatically organizing and categorizing documents,
- Identifying important information in documents,
- Proposing recommendations based on data content (e.g., alerts for upcoming deadlines),
- Facilitating the search and access to stored files,
- Pravidelné aktualizace: Náš software, systémy a hardware jsou pravidelně aktualizovány, aby se řešily potenciální bezpečnostní zranitelnosti.
3.3 Some Services are provided free of charge ("Free Services"), while others are charged as part of a paid subscription ("Premium Services"). A detailed description of the features and prices of individual services is available on the Websites in the section [insert link].
3.4 The Services are intended for use on smartphones, tablets, and computers through commonly available web browsers. The quality and availability of the Services may be affected by the speed of your internet connection and the technical parameters of your device.
3.5 Eterny provides updates necessary to maintain the functionality and security of the Services during their duration. If you refuse or fail to perform the necessary update, you acknowledge that this may lead to limitations or non-functionality of the Services, for which Eterny is not
responsible.
4 USE OF THE PLATFORM
4.1 To use the Services, registration and creation of an Account are required, which can only be created by persons over 18 years of age. By registering, you confirm that you provide truthful and current information, do not violate legal regulations or these Terms, and use the Services exclusively in accordance with their purpose.
4.2 You are responsible for the confidentiality of your login credentials (username and password) and undertake to immediately notify Eterny of any unauthorized use of the Account or security breach by sending an email to hello@theeterny.com.
4.3 If you upload content to the Platform containing data that falls into Special Categories of Personal Data within the meaning of Article 9 of Regulation (EU) 2016/679 (GDPR) (e.g., health data, biometric data, data on racial or ethnic origin, political opinions, or religious beliefs), you
acknowledge and expressly agree that Eterny may process this data in accordance with the Privacy Notice available here: Privacy Notice. If you do not wish Eterny to process this data, you can delete it from your Account at any time.
4.4 Eterny reserves the right to modify, change, remove, or add new features to the Services or Platform for improvement, security, or technical updates. You will be informed of significant changes in advance, if possible. The Platform or its parts may be temporarily unavailable due
to maintenance, updates, or other technical reasons.
4.5 If you violate any of the obligations arising from these Terms, Eterny has the right to suspend or delete your Account, depending on the severity of the violation.
5 PAYMENTS
5.1 If you are currently using Free Services and a change occurs that will incur a charge, you will be informed in advance. You can then decide whether to continue using the Services, and if so, you will pay the corresponding fees. An overview of current prices for Premium Services is provided on the Websites.
5.2 Payments for Premium Services are made exclusively through the Platform via available payment gateways (e.g., credit card). By using these payment methods, you agree that they are subject to the terms of the payment service providers, and Eterny is not responsible for their correct processing.
5.3 All payments are prepaid and non-refundable unless otherwise specified in these Terms. Eterny reserves the right to change the prices of Premium Services, and the User will be notified of this change in advance at the email address associated with their Account.
5.4 If you have purchased a subscription with recurring payments, your registered payment method will be automatically recharged at the end of each billing period. If you do not wish to continue the subscription, you must cancel it no later than before the end of the current billing period.
5.5 To ensure uninterrupted access to Premium Services, it is necessary to keep payment information up to date. If the payment is not successfully processed or delayed, your access to Premium Services may be temporarily suspended or terminated.
5.6 If you do not want the subscription to be automatically charged, you must cancel it in the Account settings [insert link] before the end of the billing period or cancel the Account. The subscription cannot be terminated before the end of the paid period unless otherwise specified in these Terms. Refunds of already paid fees are not possible unless Eterny specifies otherwise.
6 SECURITY AND DATA PROTECTION
6.1 The protection and processing of your Personal Data are governed by the Privacy Notice available here Privacy Notice.
7 WARRANTY AND LIABILITY FOR DAMAGE
7.1 Eterny shall be liable to the Consumer that the Premium Services:
- meet legal requirements and comply with these Terms,
- have the characteristics described on the Websites or in the Platform,
- are intended for the purposes for which they were designed by Eterny,
- will be regularly updated if required by legal regulations or technical maintenance.
7.2 Free Services are provided "as is", without any warranty of their availability, functionality, or future preservation. Eterny reserves the right to limit, change, or terminate the provision of Free Services at any time, without the User's right to compensation.
7.3 To the maximum extent permitted by applicable law, Eterny does not guarantee and is not responsible for:
- The Services being always available without interruption or error,
- The Platform functioning on all User devices or systems,
- The outputs or results of the Services meeting your expectations.
7.4 Eterny is not liable for:
- Damages caused by improper use of the Services or their use for purposes other than intended
- Incompatibility of your device or internet connection outages
- Errors caused by third-party interventions in the Services;
- Services provided by entities other than Eterny and their consequences;
- Content uploaded by the User to the Platform;
- Any indirect or consequential damages, including lost profits, data loss, or loss of businessopportunities;
- Unauthorized access to the Account.
7.5 The provisions of 7.4 do not apply to cases where the damage was caused by intentional conduct or gross negligence on the part of Eterny.
7.6 Eterny is not a legal, tax, or financial advisor, and no part of the Services provided constitutes legal, tax, financial, or other professional advice. The information contained in the Platform or provided through the Services is for informational purposes only and does not replace professional consultation with qualified specialists.
8 RIGHTS FROM DEFECTIVE PERFORMANCE
8.1 If the purchased Premium Service has a defect that prevents its proper use and was not caused by improper use or technical limitations on the part of the User, the Consumer has the right to:
- Repair or re-provision of the Services, if possible and reasonable,
- A reasonable discount on the price of the Services if the defect cannot be removed or therepair would cause the Consumer unreasonable difficulties,
- Withdrawal from the Agreement if the defect is substantial or if it has not been removedwithin a reasonable time.
8.2 Rights from defective performance can be asserted by sending an email to hello@theeterny.com in which the User specifies which specific Services or parts thereof are being claimed, a description of the defect, and the preferred method of handling the complaint. Eterny will handle the complaint without undue delay, no later than 30 days from its application, unless otherwise agreed with the Consumer. The Consumer will be informed of the complaint's outcome at the email address from which the complaint was made.
8.3 Eterny shall not be liable for any defects, availability or functionality of the Free Services.
9 DURATION AND TERMINATION OF SERVICES
9.1 Free Services can be used indefinitely unless Eterny specifies otherwise. Premium Services are provided for a fixed term according to the chosen subscription (e.g., monthly, yearly). If the subscription is not canceled in time, it automatically renews for another period of the same
length.
9.2 Purchased Premium Services are provided immediately upon ordering. The User expressly agrees that Premium Services will be made available immediately and acknowledges that this waives the right to withdraw from the Agreement under § 1837 letter l) of the Czech Civil
Code.
9.3 The User may cancel and terminate the Agreement under which they use Premium Services at any time, in accordance with the terms of the relevant subscription. The termination takes effect at the end of the current billing period unless otherwise specified in the relevant
subscription or these Terms.
9.4 After the subscription ends, the User retains access to Free Services unless they request the complete removal of the Account. Premium features will be deactivated after the last paid period expires, and the prepaid period is non-refundable unless explicitly stated otherwise.
9.5 The User can terminate the Account and the Services through the Account settings in the Platform or by contacting customer support at hello@theeterny.com.
10 DISPUTE RESOLUTION AND CONSUMER PROTECTION
10.1 The Consumer has the right to contact Eterny with a request for redress if they are not satisfied with the way Eterny handled any of their complaints or if they believe that Eterny violated their rights, by sending an email to hello@theeterny.com.
10.2 The Consumer has the right to submit a proposal for alternative dispute resolution under Act No. 634/1992 Coll., on Consumer Protection:
- The competent authority for alternative dispute resolution is the Czech Trade Inspection
Authority (www.coi.cz). - The proposal can also be submitted to other entities listed in the Ministry of Industry andTrade's register (www.mpo.cz).
10.3 The User has the right to use the European platform for online dispute resolution (ODR), available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
10.4 The User is obliged to fully cooperate in resolving complaints or disputes. Failure to provide cooperation may result in the invalidity of the complaint claim.
11 USE OF ARTIFICIAL INTELLIGENCE (AI)
11.1 Users acknowledge that the Services use artificial intelligence (AI) to enhance the user experience and efficiency.
11.2 AI is used as a supportive tool, not as a final decision-making mechanism in legally binding situations.
11.3 The User acknowledges that outputs generated by AI may contain inaccuracies or incomplete information, and it is the User's responsibility to verify the accuracy and suitability of these outputs for a specific purpose. Eterny is not liable for any harm or damage caused by reliance
on AI outputs, or decisions made based on AI outputs, unless otherwise required by law. The User acknowledges that decisions based solely on AI outputs are made at their own risk.
11.4 If AI affects your use of the Services (e.g., by marking a file as harmful or recommending certain content), you have the right to:
- Request an explanation of how AI made the decision,
- Request a review by a human worker if you disagree with the AI decision.
11.5 Eterny's use of AI is in compliance with the EU Artificial Intelligence Regulation 2024/1689 of June 13, 2024 (AI Act).
12 INTELLECTUAL PROPERTY RIGHTS AND CONTENT ON THE PLATFORM
12.1 Unless otherwise stated, the Platform, the Website and all of its content (e.g. user interface, graphics, photographs, videos, text, icons) are protected by copyright and the rights to them are exercised by Eterny or Eterny has the relevant license rights to them.
12.2 Users are not authorized to reproduce, modify, decompile, distribute, display, or otherwise use the content of the Platform without the express consent of Eterny, except for use to the extent necessary for using the Services.
12.3 Eterny does not grant consent to use its trade name, trademarks, or other designations unless otherwise specified.
12.4 Any content you upload to the Platform (e.g., personal documents, contracts, certificates, passwords, messages, photos) remains your property. You grant Eterny a non-exclusive, free, worldwide, and transferable license to use, modify, reproduce, and translate your content
solely for the purpose of providing the Service. Eterny is authorized to grant a sublicense to third parties for the purpose of providing the Service.
12.5 You undertake not to upload content to the Platform for which you do not have the appropriate authorization, which violates these Terms or the rights of third parties, or which is contrary to applicable legal regulations.
12.6 You are responsible for all content you upload, including content containing Personal Data of third parties. You are obliged to ensure that you have all necessary authorizations and consents to use and process Personal Data in accordance with legal regulations. Eterny bears no responsibility for obtaining third-party consent for processing their Personal Data or for the accuracy, completeness, or compliance of the uploaded content with legal regulations.
12.7 Eterny does not actively monitor the content uploaded by Users. If you believe that content on the Platform violates your rights (e.g., copyright, trademarks), you can report it to Eterny via email hello@theeterny.com with the following information:
- Identification and contact details,
- Description of the affected right,
- Link to the content allegedly infringing the right.
If Eterny receives a legitimate notice of rights violation, it may temporarily disable or remove the content until the situation is clarified.
12.8 Eterny reserves the right to remove any content that:
- Violates these Terms;
- Contradicts legal regulations;
- Is contrary to the ethical standards of the Platform.
13 USE OF PARTNERS
13.1 The Platform may include a partner connection service that allows connection with experts, advisors, or coaches ("Partners") who provide advisory services, such as legal, tax, real estate, accounting, or financial advice ("Advisory Services").
13.2 You acknowledge that Partners are independent service providers and are not employees, partners, or agents of Eterny. Partners are not authorized to enter into contracts on behalf of Eterny or otherwise bind it.
13.3 You are solely responsible for selecting a Partner, negotiating terms, and entering into a contract for the provision of Advisory Services.
13.4 Eterny is not responsible for the quality, outcome, or any loss or damage related to Advisory Services. We do not guarantee the accuracy, reliability, or completeness of these services or their outputs.
13.5 By using Advisory Services, you grant Partners access to your content in the Account.
13.6 Eterny is not responsible for any loss or damage related to granting access to Partners.
14 FINAL PROVISIONS
14.1 These Terms and any disputes or claims arising from their use or in connection with them (including non-contractual disputes and claims) are governed by the law of the Czech Republic.
14.2 All disputes arising from these Terms or in connection with them, including disputes about their validity, interpretation, or termination, will be resolved exclusively by the competent courts of the Czech Republic.
14.3 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the validity or enforceability of the other provisions will not be affected. Such a provision will be replaced by one that most closely matches the original purpose.
14.4 Neither party breaches these Terms nor is liable for damage if non-performance is caused by an event or circumstance (or a combination of events or circumstances) that the party could not reasonably foresee and is beyond its reasonable control ("force majeure event"); The
following events are always considered force majeure events in relation to Eterny: (i) power outage; (ii) natural disaster; (iii) failure or delay of telecommunications networks, internet, hosting, hardware, software; (iv) damage to Eterny's systems and infrastructure, including viruses and cyber-attacks.
14.5 Eterny reserves the right to update or change these Terms at any time. The latest version will always be available on the Websites and in the Platform. The User will be informed of significant changes to the Terms before they take effect. If they do not agree with the newTerms, they may stop using Free Services or terminate the Agreement under which they use Premium Services with effect at the end of the current billing period. Continuing to use the Services is considered acceptance of the new Terms.
14.6 If you have any questions, you can contact Eterny at hello@theeterny.com or at Soudní 321, 768 61 Bystřice pod Hostýnem.
