条款与隐私

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

1. Introduction

Eternal Gardens Inc. is committed to protecting your privacy and personal information in accordance with Quebec Law 25, PIPEDA, and other applicable Canadian privacy laws.

This Policy explains how We collect, use, disclose, store, and protect personal information through our services, including our website, mobile applications, virtual reality experiences, and AI-powered Personas (collectively, the "Service").

Personal information means any information about an identifiable individual, including but not limited to name, email address, photographs, voice recordings, stories, text, or other materials uploaded for Persona creation.

We may update this Policy from time to time. Changes will be posted with an updated "Last Updated" date and, for material changes, we will provide notice where required by law.

The Service is offered in early access beta. Public users interacting with Public Personas do not create accounts and do not upload training content.

2. Governance and Accountability

• Appointing a Person in Charge of the Protection of Personal Information.
• Conducting Privacy Impact Assessments for material changes.
• Maintaining internal policies for data retention, secure destruction, and incident response.
• Applying privacy by design and by default principles.

3. Collection of Personal Information

We collect personal information only when necessary and with appropriate consent.

• Account information: name, email address, username, and password (stored in hashed form).
• Persona training Content: text, images, audio, stories, or other materials uploaded to create Personas.
• Usage data: IP address, device information, system logs, and interaction metadata.
• Feedback: bug reports, feature requests, and beta testing communications.

Public users interacting with Public Personas do not create accounts and do not upload training content.

Automated collection: We use essential cookies or similar technologies for session continuity and service performance, without cross-site tracking.

Sensitive information: Biometric-like data (such as voice recordings or facial images) is collected only with explicit, informed consent for Persona creation. Reusing a selected portrait for an optional feature such as Memory Vignettes requires separate, informed approval for that specific request.

4. Purposes of Use

We use personal information exclusively to provide the Service, improve features, ensure security, and comply with legal obligations. We do not use personal information for secondary purposes without consent.

Disclosures: Personal information may be disclosed to trusted service providers under written agreements requiring equivalent privacy protection, or where required by law, court order, or regulatory authority.

5. Consent

Consent is obtained in a clear and granular manner, including during account creation and content uploads. You may withdraw consent at any time by adjusting account settings or contacting the privacy officer. Withdrawal may limit access to certain features.

For individuals under the age of 14, parental or guardian consent is required.

6. Data Storage and Security

EG currently hosts its website and database on Google Cloud servers in the United States. Other service providers may process information outside Quebec and Canada, as described in the international-transfer section and the notices for optional features below. Private Persona knowledge bases are encrypted and access-restricted. We implement administrative, technical, and physical safeguards, including encryption and access controls.

Retention periods are limited to what is necessary for the identified purposes, after which information is securely destroyed or anonymized. Persona training content is not stored on public blockchains.

7. Individual Rights

• Access your personal information.
• Rectify inaccurate or incomplete information.
• Portability, where applicable.
• De-indexing or deletion of public content (noting that public publication may not be fully reversible).
• Information about automated processing.

Requests may be submitted to the privacy officer. We respond within 30 days, free of charge unless requests are excessive or unfounded.

8. Confidentiality Incidents

We maintain a register of confidentiality incidents. If a breach presents a risk of serious injury, we will notify affected individuals and the Commission d'acces a l'information du Quebec (CAI) without delay.

9. Cookies

We use only essential cookies required for service operation. No third-party advertising or profiling cookies are used.

10. International Transfers

If personal information must be processed outside Quebec or Canada, we conduct a Privacy Impact Assessment and ensure adequate safeguards.

11. Questions and Complaints

Questions or complaints regarding this Policy may be directed to the privacy officer. If concerns remain unresolved, you may contact the Commission d'acces a l'information du Quebec.

12. Privacy Officer

Nathaniel Vegh
Founder and Acting Chief Privacy Officer
Email: nate@eternalgardens.world
Address: Montreal, Quebec, Canada