Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Eterna Financial (“Eterna”, “we”) and the organisation that subscribes to Eterna Finance CRM (the “Customer”) and each individual who accesses it (“you”, “User”). By signing in you accept these Terms. If you sign in on behalf of an organisation, you confirm you are authorised to bind it.

Eterna Finance CRM is a business-to-business software service for managing merchant cash advance leads, merchants, underwriting and funding workflows, with role-based access control. The Service is provided for internal business use only and is not offered to consumers.

Nothing in the Service constitutes legal, tax, accounting, credit, brokerage or investment advice. Funding, underwriting and compliance decisions remain entirely the Customer’s responsibility.

• Accounts are created through Google or Telegram sign-in and require approval by an administrator before access is granted.
• Access is limited to the permissions granted to your assigned roles.
• Accounts are personal; sharing credentials or sessions is prohibited.
• You must notify us promptly at security@eternafinance.com of any suspected unauthorised access.
• Administrators may suspend or revoke access at any time, including on termination of employment or engagement.

You agree not to:

• Use the Service unlawfully, or in violation of consumer protection, fair lending, anti-money-laundering, sanctions, TCPA, CAN-SPAM, GDPR or ePrivacy requirements.
• Upload personal data without a valid lawful basis and required notices or consents.
• Attempt to bypass permissions, access other users’ data, probe, scrape or reverse engineer the Service.
• Introduce malware, overload the infrastructure, or interfere with other users.
• Resell, sublicense or provide the Service to third parties without our written consent.

The Customer retains all rights in the data it uploads (“Customer Data”) and is the controller of that data; Eterna processes it as a processor solely to provide the Service and on the Customer’s documented instructions. Our Data Processing Addendum, incorporated by reference, includes the GDPR Art. 28 terms and the Standard Contractual Clauses for transfers outside the EEA/UK. Personal data handling is described in our Privacy Policy.

The Customer grants us a limited licence to host, process, transmit and display Customer Data as necessary to deliver and support the Service. We do not sell Customer Data or use it for advertising.

Eterna and its licensors own all rights in the Service, its software, design, trade marks and documentation. Subject to these Terms, you receive a non-exclusive, non-transferable, revocable right to access and use the Service during the subscription term. Feedback you provide may be used by us without obligation.

We aim for high availability but the Service is provided on an “as available” basis and may be interrupted by maintenance, updates or events outside our control. We may modify or discontinue features, and will give reasonable notice before changes that materially reduce core functionality.

Where a subscription order or order form applies, fees are payable as stated in it, exclusive of taxes. Late amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by law, and we may suspend access for non-payment after notice.

These Terms apply while you have access to the Service. Either party may terminate for material breach that remains uncured 30 days after written notice. On termination, access ends and Customer Data is deleted or exported within 30 days on request, except where retention is legally required.

Except as expressly stated and to the fullest extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or that it will meet your regulatory obligations. Mandatory statutory rights that cannot be excluded under EU or other applicable law are unaffected.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data. Our aggregate liability arising out of or related to the Service will not exceed the greater of (a) the fees paid or payable for the 12 months preceding the event giving rise to the claim, or (b) USD 100. These limits do not apply to death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited.

The Customer will defend and indemnify Eterna against third-party claims arising from Customer Data, the Customer’s use of the Service in breach of these Terms, or the Customer’s violation of applicable law, except to the extent caused by our own breach.

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. The state and federal courts located in Delaware have exclusive jurisdiction, except that where a party is established in the EEA or UK, mandatory local consumer or statutory jurisdiction rules and remedies remain available and are not waived. Each party waives any right to a jury trial and to participate in a class or representative action.

These Terms, together with any order form, the Data Processing Addendum and the Privacy Policy, are the entire agreement. If a provision is unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger or sale of assets. Notices may be sent to the email associated with your account or to legal@eternafinance.com. We may update these Terms with at least 14 days’ notice; continued use after the effective date constitutes acceptance.