Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and myagentworks llc, a New Jersey limited liability company ("myagentworks," "eterni," "we," "us"), governing your access to and use of the Eterni platform and related services (the "Services"). Because the Services are delivered over the web, these Terms also serve as the end-user license terms for the Services; there is no separate end-user license agreement. Every account holder accepts these Terms. They are distinct from, and subordinate to, the funeral home's signed Eterni Subscription Agreement where one exists.

1. Acceptance & Eligibility

By creating an account or using the Services, you agree to these Terms. If you are agreeing on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" refers to that organization. The Services are offered solely to licensed funeral homes and death-care professionals who are at least 18 years of age. You may not use the Services if you do not meet these requirements.

2. Relationship to the Subscription Agreement

Where a funeral home has signed an Eterni Subscription Agreement, that agreement is the controlling contract for that customer and these Terms supplement it. For individual users and accounts without a signed agreement, these Terms govern. In the event of a conflict between these Terms and a signed Eterni Subscription Agreement, the Subscription Agreement controls.

3. Service Description

eterni provides, depending on your plan, an AI voice answering agent, after-hours call coverage, call triage and escalation, CRM and contact management, case management (CaseView), and/or a website chat agent, together with a management dashboard. Access to the Services requires an active paid subscription.

4. License & Restrictions

Subject to these Terms, eterni grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal funeral-home business during your subscription term. You will not:

• copy, modify, reverse engineer, decompile, or create derivative works of the Services;
• resell, sublicense, rent, or otherwise provide the Services to third parties;
• scrape, probe, or circumvent access controls, rate limits, or other technical restrictions;
• use the Services to build or improve a competing product or service; or
• remove, obscure, or alter any proprietary notices.

5. Acceptable Use

Your use of the Services must comply with the Acceptable Use Policy, which is incorporated into these Terms by reference.

6. AI Output Disclaimer

The Services use artificial intelligence whose output may contain errors and is an operational aid only, not professional, legal, or medical advice. You are responsible for reviewing AI output, including for time-critical calls such as death notifications and on-call escalations. eterni does not warrant that the AI will correctly handle, classify, route, or escalate every call.

7. Customer Responsibilities

You are responsible for keeping your credentials secure; for accurately configuring on-call schedules, escalation recipients, and greetings; and for the accuracy and lawfulness of the data you submit. You are solely responsible for providing any legally required call-recording and SMS notices and for obtaining all required consents.

8. Fees & Billing

eterni does not offer a free trial. All plans are billed quarterly (every three months) in advance, with annual prepayment available at a 10% discount, and require a six-month minimum subscription. Fees are non-refundable except as required by law. Prices may change with 30 days' notice. Order-specific terms are governed by your Eterni Subscription Agreement.

9. Intellectual Property

eterni owns the Services, including the software, AI models, prompts, and knowledge bases. As between the parties, you own your Customer Data and grant eterni the rights needed to host and process it to provide the Services.

10. Data & Privacy

eterni's handling of personal information is described in the Privacy Policy and, for business customers, the Data Processing Addendum. The Services process funeral-home operational data and are not intended for protected health information; no Business Associate relationship arises unless a BAA is executed.

11. Service Levels

Availability targets are described in the Service Level Agreement, which states goals on a commercially-reasonable-efforts basis and is not a credit-backed guarantee.

12. Warranties & Disclaimer

Except as expressly stated in these Terms, the Services are provided "AS IS" and eterni disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

eterni will not be liable for any indirect, incidental, special, or consequential damages, or for lost profits or lost data. eterni's total aggregate liability will not exceed the fees you paid in the 12 months before the event giving rise to the claim. These limitations mirror the Eterni Subscription Agreement.

14. Indemnification

You will defend and indemnify eterni against claims arising from your data, your call-recording and consent obligations, or your unlawful or unauthorized use of the Services.

15. Suspension & Termination

eterni may suspend or terminate your access for breach of these Terms, non-payment, or Acceptable Use Policy violations. You may cancel from your account settings at any time; because all plans include a six-month minimum subscription, if you cancel during the first six months you remain responsible for the fees through the end of that minimum term (no refund for the committed period). Your access continues through the paid period. On termination, your right to use the Services ends, and your Customer Data is available for export for 30 days, after which it is deleted in the ordinary course of business.

16. Changes to Terms

eterni may update these Terms and will provide at least 14 days' notice before material changes take effect. Continued use of the Services after that period constitutes acceptance of the updated Terms.

17. Governing Law & Disputes

These Terms are governed by the laws of the State of New Jersey, without regard to its conflicts-of-law rules. The exclusive venue for any dispute is New Jersey, and both parties waive the right to a jury trial.

18. Electronic Acceptance

You agree to transact electronically and that clicking to accept or continuing to use the Services constitutes your acceptance of these Terms under the federal ESIGN Act and the Uniform Electronic Transactions Act (UETA).

19. Contact

Questions about these Terms? Email support@myagentworks.ai.