Eternal Gardens Inc. - Last Updated: 2026-09-14
1. Introduction
Welcome to Eternal Gardens (the "Service"), operated by Eternal Gardens Inc. ("Company," "We," "Us," or "Our"), a corporation incorporated in Montreal, Quebec, Canada.
These Terms of Service ("Terms") govern your access to and use of our website, mobile applications, virtual reality experiences, and related services, including the creation, training, and interaction with AI-powered digital entities referred to as "Personas" or "Digital Essences."
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service. Our Privacy Policy is incorporated by reference and forms part of these Terms.
2. Beta Status and Early Access
The Service is currently offered in early access beta, limited to a small, curated group of invited users ("Holders"). The Service is experimental, incomplete, and subject to change, interruption, or discontinuation at any time.
Public access may be limited to interaction with Public Personas during beta, and persona creation or training may require a registered account and subscription.
- Features may be unstable or change without notice.
- Data loss or service interruption may occur.
- The Service is provided solely for testing, feedback, and evaluation during this phase.
3. User Types
Holders / Creators: Invited early access users authorized to create and train Personas using uploaded content ("Content").
Public Users / Visitors: Members of the public may interact with Public Personas via Persona Chat. Public Users do not create or train Personas and do not upload personal training content.
4. Personas and AI Disclaimer
Personas are AI-generated simulations created using probabilistic models. They are not real persons, professionals, or factual records and may generate inaccurate, incomplete, or fictional responses.
No professional advice: The Service does not provide medical, psychological, therapeutic, legal, or financial advice. You agree not to rely on Persona output for diagnosis, treatment, decision-making, or professional guidance.
5. User Content and Knowledge Bases
Ownership: You retain ownership of the Content you upload, subject to the licenses granted below.
Private Personas: Content submitted for Private Personas is encrypted and logically segregated, processed solely to provide the Service to you, and not used for training other users' Personas or general AI models.
Public Personas: Content submitted through the Public publishing feature is made publicly accessible and may be interacted with by others. Public publication may not be fully reversible in practice.
6. License Grant
Private Personas: You grant Us a limited, non-exclusive license to store and process your Content solely to provide the Service to you.
Public Personas: You grant Us an irrevocable, worldwide, royalty-free license to host, display, distribute, and allow public interaction with Public Personas and associated Content.
7. User Representations and Responsibilities
- You have all necessary rights, consents, and authority to upload Content.
- Your Content does not infringe the rights of any third party.
- You are not unlawfully impersonating another individual.
- You comply with all applicable laws.
You agree not to attempt to bypass privacy or access controls, upload unlawful or harmful content, or misuse Personas for fraud, harassment, or impersonation.
8. Acceptable Use and Controls
Holders are responsible for correctly configuring privacy settings, disabling general web access for Private Personas when required, and ensuring lawful and ethical use of the Service.
9. Limitation of Liability
To the fullest extent permitted by Quebec law, the Company shall not be liable for indirect, incidental, or consequential damages. Total liability is limited to the greater of CAD $100 or amounts paid to the Company in the preceding 12 months.
10. Disclaimer of Warranties
The Service is provided "AS IS" and "AS AVAILABLE." We make no warranties regarding accuracy, availability, reliability, language output, or data integrity.
11. Indemnification
You agree to indemnify and hold harmless Eternal Gardens Inc., its officers, directors, and employees from claims, damages, or liabilities arising from your Content, misuse of the Service, or violation of these Terms.
12. Referral Program and Account Credits
We may offer referral rewards, promotional discounts, or account credits from time to time. Referral credits are promotional billing credits only, have no cash value, are not transferable, and may be applied only to eligible Eternal Gardens charges.
Referral rewards may require a referred user to create an account, start a paid subscription, and remain paid through the qualification period stated in the referral program. We may deny, reverse, expire, or void referral credits for self-referrals, duplicate accounts, fraudulent activity, refunded payments, cancelled subscriptions, misuse of referral links, violation of these Terms, or other activity that we reasonably determine is abusive or ineligible.
If you share a referral link, you are responsible for clearly disclosing that you may receive Eternal Gardens account credit if another person subscribes through your link. We may change, pause, or end any referral program at any time, subject to applicable law.
13. Termination
We may suspend or terminate your access at any time for security, legal, or operational reasons. You may stop using the Service at any time.
14. Governing Law
These Terms are governed by the laws of Quebec and applicable federal laws of Canada. Any dispute shall be brought before the courts of the judicial district of Montreal.
15. Contact
Person in Charge of the Protection of Personal Information
Nathaniel Vegh, Founder and Acting Chief Privacy Officer
Email: nate@eternalgardens.world
Address: Montreal, Quebec, Canada
Memory Vignettes: terms and privacy details
Version 2026-09-14. This section forms part of EG’s Terms of Use and Privacy Policy.
Your materials and permissions
You must own your submitted materials or hold the rights and licences necessary to reproduce, adapt and use them for your selected purpose. Obtain required permissions for identifiable people, including likeness and privacy consent. Do not submit material you are not authorised to use, confidential information, sensitive personal information, or material involving minors. You retain your existing rights; submitting material does not transfer ownership to EG.
Generation and privacy
When you confirm generation, you authorise EG and its video processor, Pixmax, to process the reviewed scene, displayed art style, your selected persona portrait and resulting assets to fulfil your request and provide the functions you choose. Your full conversation is not sent to Pixmax for this feature. Processing may take place outside Canada. EG retains the request, consent version, necessary operational and billing records, and stores completed videos in private EG storage. This confirmation does not authorise unrelated advertising or model training with your materials; any such use requires a separate lawful basis and appropriate consent.
Private and public sharing
New scenes are private. Visitors can view a scene only after you request publication, it passes review, and your gallery and persona permit public access. Publication exposes the video, sound, title and description. Visitors can download, copy or share them. Unpublishing or deleting blocks future EG access but cannot recall copies already saved by others. Requesting publication also authorises EG reviewers to watch the full scene and inspect its description.
AI outputs and commercial use
Vignettes are AI-created imagined illustrations, not documentary evidence. They may contain errors, unexpected details or imperfect likenesses. Review the full video and sound before using or publishing it. EG does not guarantee originality, exclusivity, copyright protection, non-infringement or suitability for a particular use. Commercial use depends on your input rights, the applicable model and provider licences, and applicable law. EG cannot grant rights it does not possess.
Allowances, deletion and complaints
Circle and active legacy premium members receive 8 generations per calendar month, Sanctuary members 20, and admins 40. Allowances reset at midnight UTC on the first day of each month, do not roll over, and have no weekly limit. A completed usable scene uses one allowance; a failed generation restores it once. A new variation uses another allowance. Replaying and downloading use none. Deletion removes access through EG and schedules local file removal. A task already submitted may not be cancellable. Necessary billing, consent and dispute records may be retained as required; removal of provider-held copies depends on the processor’s deletion arrangements. Send rights, removal or privacy requests through the contact details in EG’s Privacy Policy.
Responsibility and limitations
You are responsible for your submission rights and chosen uses. EG may reject, restrict or remove content that infringes rights or violates policy or law. To the extent permitted by law, generation is supplied as available and as is; EG is not responsible for your unauthorised materials, misleading use, or independent third-party redistribution. Any limitation of liability or indemnity is subject to EG’s main Terms of Use and applicable law. Nothing here excludes non-excludable consumer rights, privacy duties, negligence liability or other legal responsibilities, or excuses EG from responsibility for its own conduct.
