Terms of Use

1. Agreement to these Terms

These Terms of Use ("Terms") are a binding agreement between you and Keep Trying, Inc., a Delaware corporation ("Eterna," "we," "us"), governing your use of the Eterna mobile application and related services (the "Service").

By creating an account, pairing with a partner, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

These Terms also serve as the end-user licence agreement for the Eterna application. If you obtained the application through the Apple App Store, the additional terms in §19 apply and, where they conflict with these Terms, they control.

2. What Eterna is — and what it is not

Eterna is a private space for two people in a relationship to answer prompts, compare their answers, and keep a shared record of what they decide together.

Eterna is not a health service. It is not therapy, counselling, psychotherapy, coaching, or medical, psychological, or psychiatric treatment, and it is not a substitute for any of them. We are not licensed clinicians and we do not provide professional advice of any kind. Nothing in the Service constitutes a diagnosis, a treatment plan, or a clinical assessment of you, your partner, or your relationship.

Eterna is not a crisis service. The Service is not monitored in real time and cannot respond to emergencies. If you or someone else is in danger, in crisis, or experiencing abuse, contact your local emergency number or a crisis line immediately. Do not rely on Eterna to summon help.

Eterna does not evaluate your relationship. The Service does not score, rate, rank, grade, or predict the quality, health, or likely outcome of any relationship, and any impression to the contrary is not something you should rely on. This includes the AI-written Section insights described in our Privacy Policy, which state facts and ask questions and are not an assessment of you.

Decisions are yours. Anything you decide, agree, disclose, or act on as a result of using the Service is your own decision and your own responsibility.

3. Eligibility and accounts

3.1 Age. You must be at least 18 years old to use the Service. By using it, you represent that you are 18 or older. We do not knowingly permit anyone under 18 to create an account, and we will terminate any account we learn belongs to a minor.

3.2 Your account. You must provide accurate information and keep it current. You are responsible for all activity under your account and for keeping your sign-in method and device secure. Notify us at hello@heyeterna.com if you believe your account has been compromised.

3.3 One account per person. Accounts are personal. Do not share, sell, or transfer your account.

4. Pairing, the shared space, and your partner

This section describes how Eterna works between two people. Read it carefully — it is the part of these Terms most specific to this Service.

4.1 The couple space. When you and another user pair, the Service creates a shared space. Content in that space is visible to both of you. Some of it is co-authored, meaning both of you contributed to it and neither of you controls it alone.

4.2 Reveals are not reversible. Certain content is withheld from your partner until you have both answered, and is then shown to both of you at once. Once an answer has been revealed to your partner, it cannot be un-revealed. Deleting your account or unpairing later does not undo a disclosure your partner has already seen. Do not enter anything you are not prepared for your partner to read.

4.3 You are responsible for what you write. Everything you contribute is your own statement. We do not verify, moderate in advance, endorse, or take responsibility for anything you or your partner writes, and we take no position on any disagreement between you.

4.4 Shared entries require both of you. Certain entries only take effect when both partners confirm them. A confirmation is a record that you both agreed to save the entry in the Service. It is not a contract, and it creates no legal obligation between you and your partner. Nothing in the Service — including anything labelled an "agreement" — is legally binding on either of you.

4.5 Unpairing. Either partner may unpair at any time, without the other's consent, and unpairing takes effect immediately for both of you. Shared surfaces become inactive for both partners. We do not require or provide a reason, and we do not act as an intermediary between you.

4.6 What survives unpairing. Unpairing does not delete the shared space. It is retained in an inactive state and may be restored if the same two people pair again and both agree to restore it. See §8.

4.7 We are not a party to your relationship. We do not mediate, arbitrate, adjudicate, or take sides in any dispute between partners, and we have no obligation to intervene, preserve evidence, or provide content to one partner for use against the other.

5. Your content and the licence you give us

5.1 You keep ownership. You retain all rights you have in the text, photos, audio, and other material you contribute ("Your Content"). We claim no ownership of it.

5.2 The licence. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, adapt (for formatting and display), and display Your Content solely in order to operate, secure, and improve the Service for you and your partner. This licence exists so we can run the Service and for no other purpose.

5.3 What we will not do. We will not sell Your Content, publish it, share it with advertisers, or display it to anyone other than you and your paired partner, except as required by law or as described in our Privacy Policy.

5.4 Ending the licence. The licence ends when Your Content is deleted from our systems, subject to §8 (co-authored content) and to backup and legal-retention periods described in our Privacy Policy.

5.5 Feedback. If you send us suggestions about the Service, we may use them without restriction or compensation.

6. Acceptable use

You agree not to:

• use the Service to harass, threaten, abuse, stalk, coerce, defame, or impersonate anyone, including your partner;
• upload unlawful content, including content that sexually exploits or endangers any person, or intimate images of any person shared without their consent;
• pair with, or attempt to pair with, anyone under 18;
• use the Service to monitor or control another person against their will;
• attempt to access another user's account or any part of the Service you are not authorised to access;
• reverse-engineer, decompile, scrape, or attempt to derive the source code of the Service, except where that restriction is prohibited by law;
• interfere with the Service's operation or security, or use it to distribute malware;
• use the Service for any commercial purpose, or resell or provide it to third parties;
• use automated means to create accounts or extract content.

Reporting. If your partner or any other user violates these Terms, contact us at hello@heyeterna.com. We may investigate and take action, including suspending or terminating accounts, but we are not obligated to.

7. Subscriptions, billing, and cancellation

7.1 Paid subscription. Some features require a paid, auto-renewing subscription ("Eterna Plus"). Current plans, durations, and prices are shown in the app before purchase and may vary by region.

7.2 Purchases go through the app store. If you subscribe through the Apple App Store or Google Play, that store — not Eterna — processes your payment and manages your subscription. Payment is charged to your App Store or Google Play account at confirmation of purchase.

7.3 Automatic renewal. Your subscription renews automatically at the end of each billing period unless you turn off auto-renewal at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period, at the then-current price for the plan.

7.4 How to cancel. Manage or cancel your subscription in your device's account settings (Apple: Settings → your name → Subscriptions. Google: Play Store → Subscriptions). Cancelling stops future renewals; it does not cancel or refund the current period. Deleting the app does not cancel a subscription.

7.5 Free trials. If a free trial is offered, any unused portion is forfeited when you purchase a subscription. Cancel at least 24 hours before the trial ends to avoid being charged.

7.6 Refunds. Because purchases are processed by the app stores, refund requests must be made to Apple or Google, subject to their policies. We generally cannot issue refunds directly. Statutory refund and withdrawal rights under §21 are unaffected.

7.7 Price changes. We may change prices. Changes apply to future billing periods only, and you will be notified in advance and given the opportunity to cancel, as required by the app store and by applicable law.

7.8 One subscription covers both partners. A subscription is bought by one partner but applies to your shared space, so both of you get the paid features. It is not split between you, and your partner is never charged separately for the same access. If you unpair, the subscription stays with the partner who paid for it and applies to any new pairing that person forms. The other partner keeps everything already unlocked, as described in §7.9, but does not carry the subscription forward.

7.9 What you keep if a subscription ends. If a subscription lapses or is cancelled, everything you have already unlocked stays available to you — content that is new after that point is locked until a subscription is active again. If a purchase is refunded, access to the content that purchase unlocked is withdrawn, because the payment for it was returned. In neither case is anything you or your partner wrote deleted: your answers, your Reveals, and your Record remain yours.

8. Deletion, and what happens to shared content

8.1 Deleting your account. You may delete your account at any time from within the app (Settings → Delete account). Deletion is permanent and cannot be undone.

8.2 What deletion does. When you delete your account we unpair you from your partner, close your access to the Service, and delete your personal identity data — your sign-in credentials, name, avatar, contact details, and your individual profile — except where we are legally required to retain something.

8.3 Shared content is deleted for both of you. When you delete your account, the content you and your partner created together in your shared space is permanently deleted, for your partner as well as for you. This applies to your current partner, or — if you have unpaired — to your most recent partner, as long as you have not paired with anyone new since. Your partner is told that it has been removed. It cannot be restored.

8.4 Why it works this way. Deleting your account is the one action in the Service meant to remove everything. Content from an earlier connection, made before you paired with someone new, stays with that earlier partner with your identity data removed, as described in our Privacy Policy. If you believe you have a legal right requiring different treatment, contact us at hello@heyeterna.com and we will assess it under applicable law.

8.5 Inactive shared spaces. After unpairing without deletion, the shared space is retained inactive and may be restored if the same two people re-pair and both agree. Either partner may delete their account at any point, which triggers §8.2–8.3.

8.6 Backups. Deleted data may persist in encrypted backups for a limited period before being overwritten, as described in our Privacy Policy.

9. Privacy

Our Privacy Policy explains what we collect, why, how long we keep it, and the rights you have. It forms part of these Terms. Eterna does not sell personal information and does not serve third-party advertising.

10. Changes to the Service

We may add, change, suspend, or discontinue features. If we discontinue the Service or a paid feature materially, we will give reasonable notice and, where required by law or app store policy, an appropriate refund for the unused portion of a prepaid subscription.

11. Intellectual property

The Service — including its software, design, text, prompts, question library, and branding — is owned by Eterna or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial use. All rights not expressly granted are reserved. You may not copy, distribute, or create derivative works from the Service or its content.

12. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, error-free, or that content will not be lost. Maintain your own copies of anything you cannot afford to lose.

We make no representation that the Service will improve, preserve, or affect any relationship.

Some jurisdictions do not allow the exclusion of implied warranties. In those places, the exclusions above apply only to the extent permitted, and you may have additional rights — see §21.

13. Limitation of liability

To the fullest extent permitted by law:

13.1 Neither Eterna nor its officers, employees, or suppliers will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or emotional distress, arising out of or relating to the Service, on any theory of liability, even if advised of the possibility.

13.2 Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

13.3 We are not liable for the acts, omissions, statements, or content of your partner or any other user, or for any consequence to your relationship arising from use of the Service.

13.4 These limitations do not apply to liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. See §21.

14. Indemnification

You agree to indemnify and hold harmless Eterna and its officers, employees, and agents from any claim, damage, loss, or expense (including reasonable legal fees) arising out of your Content, your use of the Service, or your breach of these Terms — except to the extent the claim arises from our own wrongdoing, and except where this indemnity is unenforceable under applicable consumer law.

15. Suspension and termination

15.1 You may stop using the Service and delete your account at any time (§8).

15.2 We may suspend or terminate your access if you breach these Terms, if required by law, or if continued provision would create a risk of harm to another person. Where practical and lawful, we will give notice and an opportunity to respond.

15.3 Sections 4.3, 4.4, 4.7, 5.4, 8.3, 11, 12, 13, 14, 16, 17, and 19 survive termination.

16. Dispute resolution — arbitration and class-action waiver

16.1 Informal resolution first. Before filing anything, contact us at hello@heyeterna.com with a description of the dispute. We will try in good faith to resolve it within 60 days.

16.2 Binding arbitration. If we cannot resolve it, you and Eterna agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the Singapore International Arbitration Centre (SIAC) under its consumer rules, rather than in court. The arbitration will be conducted in English, in Singapore or by videoconference at your election.

16.3 Class-action waiver. You and Eterna agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any representative proceeding.

16.4 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

16.5 Opt-out. You may opt out of §16.2 and §16.3 by emailing hello@heyeterna.com with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

16.6 Consumers outside the United States. This section does not apply where it is prohibited or unenforceable under the mandatory consumer law of your country of residence — including in the EEA and the United Kingdom, where you retain the right to bring proceedings in your local courts. See §21.

17. Governing law

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Subject to §16 and §21, the state and federal courts located in Delaware have exclusive jurisdiction.

This choice of law does not deprive you of the protection of mandatory consumer-protection rules of the country where you habitually reside.

18. Changes to these Terms

We may update these Terms. For material changes we will give notice in the app or by email at least 30 days before they take effect, and where required by law we will ask for your agreement. If you do not accept the change, you may stop using the Service and delete your account. Continued use after the effective date means you accept the updated Terms.

19. Terms that apply to Apple App Store downloads

If you obtained Eterna from the Apple App Store, the following apply and control over any conflicting provision:

19.1 Between you and us only. These Terms are between you and Eterna, not Apple. Eterna alone is responsible for the application and its content.

19.2 Scope of licence. Your licence is non-transferable and limited to using Eterna on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, except that Eterna may be accessed by other accounts associated with you via Family Sharing or volume purchasing.

19.3 Maintenance and support. Eterna alone is responsible for maintenance and support. Apple has no obligation to provide any maintenance or support for the application.

19.4 Warranty. Eterna alone is responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the application.

19.5 Product claims. Eterna, not Apple, is responsible for addressing any claim by you or a third party relating to the application or your possession or use of it, including product liability claims, claims that the application fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit Eterna's liability to you beyond what applicable law permits.

19.6 Intellectual property claims. If a third party claims the application infringes their intellectual property rights, Eterna, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.

19.7 Legal compliance. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.

19.8 Contact. Questions, complaints, or claims about the application should be directed to:
Keep Trying, Inc., 2110 Huran Drive, San Jose, CA 95122 · hello@heyeterna.com · 1 (669) 315-1193

19.9 Third-party terms. You must comply with any applicable third-party terms of agreement when using the application, including your wireless carrier's terms.

19.10 Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

20. Terms that apply to Google Play downloads

If you obtained Eterna from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the application. Billing, renewal, and refunds for subscriptions purchased through Google Play are handled by Google under its policies.

21. Region-specific terms

21.1 European Economic Area and United Kingdom. Nothing in these Terms excludes or limits rights you have under mandatory consumer law. You have a statutory right to withdraw from a purchase of digital content within 14 days, subject to the exception that applies once supply has begun with your consent and acknowledgement that you lose the right — the app store's refund process is the practical route. You may bring proceedings in the courts of your country of residence, and §16 (arbitration and class-action waiver) does not apply to you. The EU Online Dispute Resolution platform may be available for consumer disputes. Our processing of personal data is described in our Privacy Policy and is subject to the GDPR / UK GDPR.

21.2 California. California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. California residents have rights under the CCPA/CPRA described in our Privacy Policy, including the right to know, delete, and correct, and the right to opt out of sale or sharing — noting that we do not sell or share personal information as those terms are defined.

21.3 Australia. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in §12 or §13 limits those guarantees.

21.4 Elsewhere. Where any provision of these Terms is unenforceable under the mandatory law of your country of residence, that provision applies only to the extent permitted, and the remainder stays in force.

22. General

22.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Eterna regarding the Service.

22.2 Severability. If a provision is held unenforceable, the rest remains in effect.

22.3 No waiver. Our failure to enforce a provision is not a waiver of it.

22.4 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.

22.5 Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control.

22.6 Language. These Terms are drafted in English. Any translation is provided for convenience; the English version controls to the extent permitted by law.

23. Contact

Keep Trying, Inc.
2110 Huran Drive, San Jose, CA 95122
Email: hello@heyeterna.com
Phone: 1 (669) 315-1193