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Terms of Service for Eternly

Last Updated: 28/03/2026

Legal Disclaimer: These Terms of Service should be reviewed by a qualified attorney before use. This document may not be fully compliant with all laws in your jurisdiction.

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the Eternly software service, including any associated websites, networks, applications, and other services provided by Eternly (collectively, the "Service"). These Terms constitute a legally binding agreement between you and Eternly ("we," "us," or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Definitions

  • "User," "you," and "your" refer to the individual or entity accessing or using the Service, including venues, vendors, couples, and guests as applicable.
  • "Venue" refers to an organisation or individual who creates and manages Wedding Files on the platform.
  • "Wedding File" refers to a discrete project record created within the Service to manage a single wedding event, including all associated data, documents, guests, vendors, and communications.
  • "Content" refers to any text, images, videos, audio, or other material that appears on or through the Service.
  • "User Data" refers to any data, information, or material that you upload, input, or otherwise provide to the Service.
  • "Intellectual Property Rights" means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.
  • "Personal Information" has the meaning given to it under the Privacy Act 1988 (Cth) and applicable data protection laws.

3. Acceptance of Terms

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you are using our Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. If you do not agree to these Terms, you may not access or use our Service.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a prominent notice on our Service or by sending you an email. Your continued use of our Service after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Service.

5. Eligibility

To use our Service, you must be at least 18 years old or the age of legal majority in your jurisdiction, whichever is greater. By using our Service, you represent and warrant that you meet the eligibility requirements. If you are using the Service on behalf of an organisation, you represent and warrant that the organisation agrees to be bound by these Terms.

6. Service Description

The Eternly Service is a software-as-a-service platform that allows users to manage weddings. The platform supports multiple user roles including venues, vendors, couples, and guests. Features and functionality available to you depend on your role within the platform.

7. Pricing and Payment

Per-Wedding Pricing

Access to the Service is priced on a per-Wedding-File basis. Each time a Venue creates a new Wedding File on the platform, a fee is charged to the Venue at the time of creation ("Wedding File Fee"). The applicable fee is displayed to the Venue prior to creation and must be paid before the Wedding File is activated.

  • Who pays: The Venue creating the Wedding File is solely responsible for paying the Wedding File Fee.
  • When payment is due: Payment is required at the time of Wedding File creation. The Wedding File will not be activated until payment is successfully processed.
  • Fee structure: Current Wedding File Fees are listed on our website. Fees are subject to change with reasonable advance notice.
  • Accepted payment methods: We accept credit cards, debit cards, and other payment methods as displayed during checkout. You authorise us to charge your nominated payment method at the time of Wedding File creation.

Price Changes

We reserve the right to change Wedding File Fees at any time. We will notify Venues of any fee changes at least seven days before they take effect. Creating a new Wedding File after a price change constitutes acceptance of the updated fee.

Taxes

Fees displayed may not include applicable taxes such as GST, VAT, or sales tax. Where required by law, applicable taxes will be collected and remitted to the appropriate authorities. You are responsible for any taxes not collected by us that are applicable to your use.

Refunds

All Wedding File Fees are non-refundable once the Wedding File has been created and activated, except as expressly required by applicable law (including Australian Consumer Law). In exceptional circumstances, we may at our sole discretion offer a partial or full refund.

Failed Payments

If a payment cannot be processed, the Wedding File will not be created. You are responsible for ensuring your payment method is valid and has sufficient funds at the time of creation.

8. Free Trials and Promotional Access

We may offer free trial access to the Service at our discretion. Free trial eligibility is determined by us and may be limited to new users or other qualifying customers. We reserve the right to modify or terminate free trials at any time without notice. Any conditions associated with a free trial will be communicated to you at the time of activation.

9. Service Availability and Support

We will make reasonable efforts to keep our Service operational 24 hours a day, 7 days a week. However, we do not guarantee continuous, uninterrupted access to our Service, and operation may be affected by factors outside our control.

We reserve the right to suspend access to the Service, in whole or in part, for maintenance, upgrades, or to address security concerns, with or without notice. We will use reasonable efforts to schedule planned downtime during off-peak hours.

Technical support is available via our website. Support may include email support, documentation, and access to a help centre.

10. Service Level Agreement

We will use commercially reasonable efforts to make the Service available with an uptime of at least 99.9%, excluding scheduled maintenance. If we fail to meet this commitment, you may be eligible for service credits as described in our Service Level Agreement, which is incorporated by reference into these Terms.

11. User Accounts

You must create an account to access the Service. You are responsible for:

  • Providing accurate, current, and complete information at registration and keeping it up to date.
  • Maintaining the confidentiality of your password and account credentials.
  • All activities that occur under your account, whether or not authorised by you.
  • Notifying us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms or if your account poses a risk to our Service or other users.

12. User Roles and Permissions

The Service supports the following distinct user roles, each with different access levels and responsibilities:

  • Venue: Creates and manages Wedding Files. Responsible for payment of Wedding File Fees and for inviting other participants to a Wedding File.
  • Vendor: Invited by a Venue to contribute services or information to one or more Wedding Files.
  • Couple: The individuals whose wedding is being managed. Access is granted by the Venue.
  • Guest: Individuals invited to a wedding event. Limited access as determined by the Venue or Couple.

Each user is bound by these Terms regardless of their role. Venues bear primary responsibility for the management of their Wedding Files and the conduct of users they invite.

13. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

  • Use the Service for any illegal or unauthorised purpose.
  • Violate any applicable laws or regulations.
  • Infringe the rights of others, including intellectual property rights or privacy rights.
  • Attempt to breach any security or authentication measures.
  • Transmit any viruses, malware, or other harmful code.
  • Interfere with or disrupt the Service or servers or networks connected to the Service.
  • Collect or harvest any information from the Service without our prior written consent.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Use automated scripts or bots to interact with the Service without our prior written consent.

14. User Data

You retain all ownership rights to your User Data. By uploading, inputting, or otherwise providing User Data to the Service, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, store, modify, display, and distribute your User Data solely as necessary to provide the Service to you and your authorised users.

We will not access your User Data except:

  • To provide the Service to you and your authorised users.
  • To prevent or address technical or security issues.
  • To respond to customer support requests.
  • As required by applicable law.
  • As explicitly permitted in writing by you.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide User Data to us and to grant the rights described herein.

15. Data Relating to Third Parties (Couples and Guests)

Where Venues or Vendors upload Personal Information relating to third parties such as couples or guests, they represent and warrant that:

  • They have obtained all necessary consents and have a lawful basis for sharing that Personal Information with the Service.
  • They will notify those individuals that their information may be processed by the Service in accordance with our Privacy Policy.
  • Their use of the Service in relation to those individuals complies with all applicable privacy laws, including the Privacy Act 1988 (Cth).

We are not responsible for the accuracy, completeness, or lawfulness of Personal Information uploaded by Venues or Vendors relating to third parties.

16. Data Security and Privacy

We collect and process personal data as described in our Privacy Policy, which is incorporated by reference. By using our Service, you consent to such processing. We implement industry-standard technical and organisational security measures to protect your data, including encryption in transit and at rest, access controls, and regular security reviews.

17. Intellectual Property

All content provided by Eternly, including but not limited to the Service, website, text, graphics, logos, icons, images, and software, is the property of Eternly or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your internal business purposes or personal use, as applicable, in accordance with these Terms. This licence does not include the right to:

  • Modify or copy the Service or any content therein.
  • Use the Service for any commercial purpose other than your organisation's internal business purposes.
  • Transfer, sell, rent, lease, sublicense, or distribute the Service to any third party.
  • Reverse engineer, decompile, or disassemble the Service.
  • Remove or alter any copyright, trademark, or other proprietary notices.

18. Feedback

We welcome feedback, comments, and suggestions for improvement of the Service ("Feedback"). By providing Feedback, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide licence to use, copy, modify, create derivative works based on, distribute, and otherwise exploit such Feedback in any manner, without any attribution or compensation to you.

19. Third-Party Integrations

The Service may allow you to access, use, or interact with third-party websites, applications, content, and services. When you use third-party services, their terms and privacy policies govern your use of those services.

We do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party service or for any transaction you may enter into with the provider of such services.

20. API Usage

API Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Application Programming Interface ("API") for the purpose of developing, testing, and supporting your integration with the Service.

API Credentials and Security

To access our API, you may need to register for API credentials (such as API keys or tokens). You agree to keep your API credentials secure, not share them with any third party without our prior written consent, and notify us immediately of any breach or unauthorised use.

Usage Restrictions

Your use of our API is subject to rate limits and usage caps as specified in our API documentation. We reserve the right to enforce API rate limits, monitor API usage, and suspend or terminate API access for violations of these restrictions.

API Changes

We may modify, update, or discontinue any aspect of our API at any time. For material changes, we will make reasonable efforts to provide advance notice.

21. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ETERNLY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement.

22. Limitation of Liability

To the maximum extent permitted by law, Eternly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

To the extent permitted by law, our total aggregate liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to Eternly in the twelve (12) months preceding the event giving rise to liability, or AUD $1000, whichever is lesser.

23. Indemnification

You agree to indemnify, defend, and hold harmless Eternly, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your violation of these Terms; (b) your User Data; (c) your use or misuse of the Service; or (d) your violation of any third party's rights, including privacy rights.

24. Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Informal Resolution

Before initiating any formal proceedings, you agree to contact us at hello@eternly.io and attempt to resolve any dispute informally for a period of at least 30 days.

Formal Proceedings

If a dispute cannot be resolved informally, either party may pursue formal legal remedies in a court of competent jurisdiction. Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief.

25. Termination

Termination by Us

We reserve the right to suspend or terminate your access to our Service at our sole discretion, with or without notice, if we believe you have violated these Terms or that your actions are harmful to other users, us, or third parties.

Upon termination:

  • Your licence to use the Service will immediately cease.
  • You will lose access to User Data stored in the Service, subject to any applicable data retention obligations.
  • We may, but are not obligated to, delete your User Data after a period of 30 days following termination.

Termination by You

You may terminate your account at any time by following the instructions in the Service or by contacting us at hello@eternly.io. Termination does not entitle you to a refund of any Wedding File Fees already paid for activated Wedding Files.

Effect on Wedding Files

Termination of your Venue account does not automatically delete associated Wedding Files. You should export any User Data you require before terminating your account.

26. Data Retention and Deletion

Upon termination or expiry of your account, we will retain your User Data for a period of 30 days, during which you may request a copy of your data. After this period, we will delete or anonymise your User Data, except where we are required to retain it by applicable law or for a genuine business purpose.

You may request deletion of your User Data at any time by contacting us at heelo@eternly.io. We will process such requests in accordance with our Privacy Policy and applicable law.

27. Survival

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, limitations of liability, and governing law.

28. Entire Agreement

These Terms, including our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Eternly regarding your use of our Service and supersede any prior agreements between you and Eternly relating to the same subject matter.

29. Waiver and Severability

The failure of Eternly to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

30. Assignment

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

31. Force Majeure

Eternly shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, government action, fire, floods, pandemics, epidemics, or failure of third-party infrastructure.

32. No Third-Party Beneficiaries

These Terms do not confer any third-party beneficiary rights on any person or entity, except as expressly stated herein.

33. Export Controls

You agree to comply with all applicable export control laws and regulations. You warrant that you are not located in any country subject to applicable trade sanctions.

34. Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to conform to WCAG 2.1 Level AA standards and applicable accessibility laws. If you experience difficulty accessing any part of our Service, please contact us at hello@eternly.io.

35. Australian Consumer Law

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Service repaired or replaced if it fails to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law.

36. Australian Privacy Principles Compliance

We comply with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). We are committed to:

  • Being open and transparent about how we manage your Personal Information.
  • Only collecting Personal Information that is reasonably necessary for our functions or activities.
  • Notifying you about the collection of your Personal Information.
  • Only using or disclosing your Personal Information for the purpose for which it was collected, or a related purpose you would reasonably expect.
  • Taking reasonable steps to protect your Personal Information from misuse, interference, loss, and unauthorised access, modification, or disclosure.
  • Providing you with access to your Personal Information upon request.
  • Correcting inaccurate or incomplete Personal Information.

For more information, please refer to our Privacy Policy.

Your Privacy Rights in Australia

Under the Privacy Act and the APPs, you have the right to:

  • Request access to the Personal Information we hold about you.
  • Request correction of any Personal Information that is inaccurate, out-of-date, incomplete, irrelevant, or misleading.
  • Make a complaint about a breach of the APPs to the Office of the Australian Information Commissioner (OAIC).
  • Opt out of direct marketing communications.

To exercise these rights, please contact our Privacy Officer at hello@eternly.io. We will respond within a reasonable timeframe (generally within 30 days).

Disclosure to Overseas Recipients

We may disclose your Personal Information to overseas recipients, such as service providers or affiliated entities located outside Australia. When we do so, we take reasonable steps to ensure that overseas recipients comply with the APPs or equivalent standards. Our primary service providers are located in Australia.

37. Data Processing Terms

Roles

For the purposes of applicable data protection laws, and where we process Personal Information on your behalf in the course of providing the Service, you are the Data Controller and we are the Data Processor.

Processing Obligations

We will:

  • Process Personal Information only on your documented instructions.
  • Ensure that persons authorised to process Personal Information are bound by confidentiality obligations.
  • Implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk.
  • Assist you in responding to requests from data subjects regarding their Personal Information.
  • Notify you without undue delay upon becoming aware of a Personal Information breach affecting data we process on your behalf.
  • At your election, delete or return all Personal Information at the end of the provision of services.

38. Intellectual Property — Copyright Complaints

If you believe that any material available on or through the Service infringes your copyright, please contact us using the contact details in Section 39 with the following:

  • A description of the copyrighted work claimed to have been infringed.
  • Identification of the material claimed to be infringing and its location on the Service.
  • Your contact information.
  • A statement that you have a good faith belief that use of the material is not authorised by the copyright owner.
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorised to act on behalf of the copyright owner.

39. Contact Information

If you have any questions about these Terms, please contact us at hello@eternly.io.

Eternly