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Canada-Specific Terms

Last Updated: August 23, 2026

These Canada-Specific Terms form part of the Agreements and apply to any visitor, user, Customer or customer end-user located in Canada. They modify the Universal Terms of Service and the other Agreements, and prevail over those documents to the extent of any conflict. These Canada-Specific Terms also modify the Data Processing Addendum and the Privacy Policy in respect of the matters addressed here, and prevail over those documents to the extent of any conflict, notwithstanding any provision of those documents to the contrary. Terms defined in the Universal Terms of Service have the same meaning here. Except as modified by these Canada-Specific Terms, the Agreements continue to apply in full.

Canadian Consumer. In these Canada-Specific Terms, a "Canadian Consumer" means a visitor, user, Customer or customer end-user who is a natural person resident in Canada and who acquires or uses the Products primarily for personal, family or household purposes. A Customer that is a law firm, professional practice or other business or organization is not a Canadian Consumer.
Dispute Resolution for Canadian Consumers. This Section modifies the Governing Law and Dispute Resolution section of the Universal Terms of Service.
1. Arbitration Not Mandatory. The requirement to arbitrate does not apply to a Canadian Consumer where the consumer protection law of the province or territory in which the Canadian Consumer resides prohibits or restricts a pre-dispute agreement to arbitrate, including section 11.1 of the Consumer Protection Act (Quebec) and sections 7 and 8 of the Consumer Protection Act, 2002 (Ontario). Such a Canadian Consumer may elect to arbitrate, or may instead bring the dispute before a court of competent jurisdiction.
2. Class Proceedings. The Class Action Waiver in the Universal Terms of Service does not apply to, and does not waive, any right of a Canadian Consumer to commence or participate in a class, consolidated or representative proceeding where that right is conferred or protected by the law of the province or territory in which the Canadian Consumer resides.
3. Forum. A Canadian Consumer may bring proceedings in the courts of the province or territory in which the Canadian Consumer resides, and Company will not object to that forum on the basis of the venue provisions of the Universal Terms of Service, including the Exception for Amounts Due. Company will bring any proceeding against a Canadian Consumer in the courts of the province or territory in which that Canadian Consumer resides. A Canadian Consumer resident in Quebec may in any event bring proceedings before the courts of Quebec in accordance with article 3149 of the Civil Code of Quebec.
4. Governing Law. The choice of New York law in the Universal Terms of Service does not deprive a Canadian Consumer of the protection of the mandatory rules of the law of the province or territory in which the Canadian Consumer resides, including as provided by article 3117 of the Civil Code of Quebec.
5. Costs and Conduct of Arbitration. Where a Canadian Consumer elects to arbitrate, Company shall pay the filing and administrative fees of the arbitration and the fees and expenses of the arbitrator, except for the portion of the filing fee equal to the fee that would be payable to commence a proceeding in the courts of the province or territory in which the Canadian Consumer resides. At the Canadian Consumer's election, the arbitration may be conducted by telephone, by videoconference, on the basis of written submissions only, or in person in the province or territory in which the Canadian Consumer resides.
6. Confidentiality. The confidentiality requirement applicable to arbitration does not prevent a Canadian Consumer from disclosing information relating to a dispute to a regulator, to legal counsel, or as otherwise permitted by applicable law.
Consumer Rights Not Affected. Nothing in the Agreements limits, excludes or modifies any statutory right, warranty, guarantee or remedy conferred on a Canadian Consumer by the consumer protection law of the province or territory in which the Canadian Consumer resides, where that law does not permit such limitation, exclusion or modification. Where a provision of the Agreements conflicts with such a law, that provision applies only to the extent the law permits.
Data Location.
1. For Customers established in Canada, Company stores Platform data at rest in the Amazon Web Services Canada (Central) region, located in Canada. This includes intake records, uploaded documents and account records.
2. Platform data is not replicated or backed up outside Canada, except as set out in this Section and on the Data Sub-Processors and Data Residency page.
3. Cold Storage. Where an End User elects to place information into Cold Storage, that information is encrypted and divided into multiple shares which are distributed across authorized Amazon Web Services data centres, which may be located outside Canada. No individual share can be decrypted or used on its own, and no single storage location holds information from which the underlying content can be reconstructed. Reconstruction occurs only where the End User initiates retrieval. Company does not represent that Cold Storage shares are held only in Canada.
4. Company will notify Customer before making a material change to the location in which Platform data is stored at rest.
Cross-Border Processing.
1. Company is established in the United States. Some processing of Personal Information takes place outside Canada. The Data Sub-Processors and Data Residency page identifies each sub-processor Company engages, the purpose for which it is engaged, the categories of data it processes, and the location in which it processes them.
2. Safeguards. Where Personal Information is processed outside Canada by a service provider engaged by Company, Company implements the contractual and other safeguards required by applicable law to provide an appropriate level of protection for that Personal Information.
3. United States Legal Process. Personal Information held by an entity established in the United States may be subject to lawful access requests by United States courts, law enforcement and government authorities, including under the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), regardless of where that information is stored. Company will review and, where appropriate and legally permitted, challenge requests it believes to be unlawful or overbroad, and will notify Customer of a request relating to Customer or End User data unless legally prohibited from doing so.
4. Assessments. Company shall, upon written request, provide Customer with the information reasonably necessary for Customer to complete a privacy impact assessment or transfer assessment required of Customer by applicable law, including an assessment under article 17 of the Act respecting the protection of personal information in the private sector (Quebec).
5. Service Providers Outside Canada. In accordance with section 13.1 of the Personal Information Protection Act (Alberta), questions about Company's policies and practices in respect of service providers located outside Canada, and about the jurisdictions in which Personal Information is stored or processed, may be directed to Company's Data Protection Team at privacy@eternal.me, or in writing to Eternal Me Corporation, 1998 Commerce St #25, Yorktown Heights, NY 10598.
Privacy Officer and Accountability.
1. Company's Chief Executive Officer acts as Company's Privacy Officer and is accountable for Company's compliance with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act. The Privacy Officer may be contacted at privacy@eternal.me, or in writing to the Privacy Officer, Eternal Me Corporation, 1998 Commerce St #25, Yorktown Heights, NY 10598.
2. For the purposes of the Act respecting the protection of personal information in the private sector (Quebec), the person in charge of the protection of personal information within Company is Company's Chief Executive Officer, being the person exercising the highest authority within Company, whose title and contact information are published in this Section.
3. Company will respond to a request or complaint received under this Section within thirty (30) days of receipt, or within such shorter period as applicable law requires.
Canadian Privacy Rights.
1. Applicable Legislation. Company handles Personal Information about individuals in Canada in accordance with the Personal Information Protection and Electronic Documents Act and, where applicable, the Act respecting the protection of personal information in the private sector (Quebec), the Personal Information Protection Act (Alberta), and the Personal Information Protection Act (British Columbia).
2. Rights. An individual in Canada may request access to the Personal Information Company holds about them, request the correction of inaccurate or incomplete Personal Information, withdraw consent to the collection, use or disclosure of Personal Information subject to legal and contractual restrictions, and request information about Company's policies and practices in respect of Personal Information. An individual resident in Quebec may in addition request that Personal Information be de-indexed or that its dissemination cease, where the conditions in applicable law are met.
3. Portability. Where required by applicable law, including article 27 of the Act respecting the protection of personal information in the private sector (Quebec), Company will on request communicate computerized Personal Information collected from the individual in a structured, commonly used technological format. Where the individual is an End User of an Eternal Pro Customer, Company will provide reasonable assistance to that Customer in responding to such a request.
4. Automated Processing. Company uses automated means to extract and summarize information submitted through the intake process. Company does not use automated means alone to make a decision that produces legal effects for, or otherwise significantly affects, an individual.
5. Requests by End Users. Where an individual is an End User who accesses the Platform through an Eternal Pro Customer, that Customer is responsible for the Personal Information it collects and controls. Company will refer the request to that Customer and will provide the Customer with reasonable assistance in responding to it.
Complaints.
1. A complaint about Company's handling of Personal Information should first be directed to Company's Privacy Officer at privacy@eternal.me. Company will acknowledge the complaint, investigate it, and inform the individual of the outcome and of any recourse available to them.
2. An individual who is not satisfied with Company's response may complain to the Office of the Privacy Commissioner of Canada at www.priv.gc.ca.
3. An individual resident in Quebec may complain to the Commission d'acces a l'information du Quebec at www.cai.gouv.qc.ca. An individual resident in Alberta or British Columbia may complain to the Office of the Information and Privacy Commissioner of that province.
Commercial Electronic Messages.
1. Company sends commercial electronic messages to a recipient in Canada only where Company has the recipient's express consent, or where implied consent exists under Canada's Anti-Spam Legislation, including an existing business relationship within the periods that legislation allows.
2. Every commercial electronic message Company sends identifies Company, includes Company's mailing address and an electronic address at which Company can be contacted, and includes an unsubscribe mechanism that operates without cost to the recipient.
3. Company gives effect to an unsubscribe request without delay, and in any event within ten (10) business days of the request, without requiring any further step by the recipient.
4. Company maintains records of consent obtained for the purposes of Canada's Anti-Spam Legislation, including the date, time, manner and content of the consent.
5. The consent requirement in this Section does not apply where Canada's Anti-Spam Legislation provides an exception, including for applicable transactional, warranty, safety, security or account-related messages. Where such an exception applies, Company continues to comply with the identification, contact information and unsubscribe requirements of that legislation to the extent they apply to the message.
Breach of Security Safeguards.
1. Company will notify Customer without undue delay, and in any event within seventy-two (72) hours, of becoming aware of a breach of security safeguards affecting Personal Information Company processes on Customer's behalf.
2. The notification will include the information reasonably available to Company that Customer requires in order to assess whether the breach presents a real risk of significant harm, and to make any report required of Customer to the Office of the Privacy Commissioner of Canada, to the Commission d'acces a l'information du Quebec, to any provincial commissioner, or to affected individuals.
3. Company will provide Customer with reasonable assistance in making any such report and in notifying affected individuals.
4. Company maintains a record of every breach of security safeguards involving Personal Information under its control, whether or not the breach presents a real risk of significant harm, and retains each record for at least twenty-four (24) months from the day on which Company determines that the breach occurred. Company will provide a copy of a record to Customer or to a commissioner on request where required by applicable law.
Age of Majority. Where the Agreements or the Privacy Policy refer to eighteen (18) years of age, that reference is to be read, in respect of an individual in Canada, as the age of majority in the province or territory in which that individual resides, where that age is greater than eighteen (18).
Taxes.
1. All fees for the Products are exclusive of Canadian federal and provincial sales taxes, including goods and services tax, harmonized sales tax, Quebec sales tax, and provincial sales tax. Where Company is required to collect any such tax, it will be shown as a separate charge and is payable by Customer in addition to the fees.
2. Where Customer is registered for goods and services tax, harmonized sales tax or Quebec sales tax, Customer will provide its registration number to Company on request, and Company will account for tax on the basis of that registration.
3. Company offers pricing in United States dollars. Customer is responsible for any currency conversion, foreign exchange or cross-border charge applied by Customer's payment provider, and those charges are additional to the fees payable to Company.
Changes to Fees and Renewal for Canadian Consumers. This Section modifies the Billing and Payment section of the Universal Terms of Service in respect of a Canadian Consumer.
1. Notice of Fee Changes. Company will give a Canadian Consumer at least thirty (30) days written notice before an increase in the fees payable by that Canadian Consumer takes effect. The Canadian Consumer may cancel the affected Product before the increase takes effect without penalty or cancellation charge.
2. Amendment of the Agreements. Where applicable provincial consumer law requires notice of an amendment to the Agreements affecting a Canadian Consumer, or confers on that Canadian Consumer a right to refuse, rescind or cancel in respect of such an amendment, Company will give the notice and honour the rights that law requires. In respect of a Canadian Consumer resident in Quebec, where the Consumer Protection Act (Quebec) applies to a unilateral amendment, Company will give written notice in the form and within the period that Act requires, setting out the amended clause, the clause as it read before the amendment, and the date on which the amendment takes effect, and that Canadian Consumer may refuse the amendment and rescind the contract without cost within the period that Act allows, including within thirty (30) days after the amendment comes into force where that Act so provides.
3. Automatic Renewal. Where applicable provincial consumer law requires notice before a Product renews automatically, or confers on a Canadian Consumer a right to cancel a renewal or to a refund in respect of a renewal, Company will give the notice and honour the rights that law requires.
4. Administrative Charges. A late fee, reinstatement charge, wire transfer charge or chargeback charge provided for in the Universal Terms of Service does not apply to a Canadian Consumer to the extent that the charge is prohibited or restricted by the consumer protection law of the province or territory in which the Canadian Consumer resides, or to the extent that it would result in a rate of interest exceeding the maximum permitted by section 347 of the Criminal Code.
5. Refunds. The statement in the Universal Terms of Service that amounts are non-refundable does not limit any right of a Canadian Consumer to a refund, rescission, cancellation or other remedy conferred by applicable law.
Language.
1. Where the Charter of the French Language applies to a Customer or End User in Quebec, Company will comply with its requirements, including any requirement to make available a French version of a document, or of the applicable standard clauses, before that person agrees to a version in another language.
2. Nothing in the Agreements limits any right conferred on a person in Quebec by the Charter of the French Language.
Estate Planning in Canada.
1. Company does not provide legal advice. The requirements for a valid will, trust, mandate, power of attorney or protection mandate, and for the transfer of assets on death, differ between provinces and territories, and differ materially between the common law provinces and Quebec.
2. Quebec is a civil law jurisdiction. Concepts referred to in the Agreements, including trusts and notarization, do not have the same meaning or effect in Quebec as in a common law jurisdiction, and a reference to a notary in the Agreements is not a reference to a notary of Quebec, who is a legal professional. Customer and End Users in Quebec should obtain advice from a Quebec legal professional before relying on any asset schedule, instruction or document produced through the Products.
3. Company makes no representation that a document, schedule or instruction produced through the Products satisfies the formal requirements of the law of any province or territory.
Privacy Policy. Company's handling of Personal Information, including the rights available under the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation, is described in the Privacy Policy.
Contact. Questions about these Canada-Specific Terms may be sent to privacy@eternal.me, or in writing to Eternal Me Corporation, 1998 Commerce St #25, Yorktown Heights, NY 10598.

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