Terms of Service
& Privacy Policy

These Terms of Service ("Terms"), together with our Privacy Policy and any additional guidelines or policies incorporated by reference, govern your access to and use of the Ethereal platform, website located at myethereal.co, mobile applications available on the Apple App Store and Google Play Store, and all related services (collectively, the "Service") operated by A&C Maran Holdings LLC, a Florida limited liability company doing business as Maran Labs ("Company," "we," "us," or "our").

By accessing or using the Service in any manner — including browsing the website, creating an account, uploading materials, or making a payment — you represent and warrant that you are at least 18 years of age, that you have the legal authority to enter into this agreement, and that you agree to be bound by these Terms.

If you are using the Service on behalf of an organization or entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case the terms "you" and "your" will refer to that entity.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by sending notice to your registered email address. Your continued use of the Service following any modifications constitutes your acceptance of the revised Terms.

Ethereal is a digital legacy and memory preservation platform that uses artificial intelligence to help users preserve, store, and share their voices, memories, stories, and personal narratives. The Service enables users to create AI-assisted profiles, upload audio, video, and written content, and provide limited interactive access to designated family members and loved ones.

The Service is intended as a memorial, archival, and legacy communication tool. Ethereal is not a mental health service, grief counseling platform, or medical device. If you or someone you know is experiencing grief, mental health challenges, or emotional distress, we encourage you to seek support from a qualified mental health professional.

The Service is subject to ongoing development. Features may be added, modified, or discontinued at any time. We do not guarantee the continuous availability of any specific feature.

Ethereal uses artificial intelligence, including large language models, voice synthesis, and conversational AI systems, to generate content that may simulate the communication style, voice, or personality of a deceased or living individual based on materials you provide.

You acknowledge and agree that:

• AI-generated content may be inaccurate, incomplete, or inconsistent with the views of the person being represented.
• AI outputs are probabilistic and may vary across interactions.
• Ethereal does not guarantee that any AI-generated content accurately reflects the personality, memory, or intent of any individual.
• You bear sole responsibility for determining the appropriateness of sharing AI-generated content with family members, minors, or individuals in a vulnerable emotional state.
• The Company shall have no liability for any emotional, psychological, relational, or other harm arising from exposure to AI-generated content on the platform.

You further represent that you have obtained, or will obtain, any legally required consent from living individuals whose likenesses, voices, or personal data you upload to the platform for the purposes of AI training or simulation.

Certain features of Ethereal involve the collection, processing, and storage of biometric identifiers and biometric information, including voice prints and audio recordings from which voice models may be derived ("Biometric Data").

Consent & Authorization

By uploading audio recordings, video, or other materials to the Service, you expressly consent to the collection, processing, and storage of any Biometric Data contained therein, and you represent that you have obtained any and all legally required consents from third parties whose Biometric Data may be included in uploaded content.

Where applicable law requires written consent for the collection of biometric identifiers — including but not limited to the Illinois Biometric Information Privacy Act (BIPA), the Texas Capture or Use of Biometric Identifier Act (CUBI), and Washington's Biometric Privacy Law — you represent that such consent has been obtained prior to uploading any materials.

Use of Biometric Data

Biometric Data collected through the Service is used solely for the purpose of creating and delivering the voice cloning, AI simulation, and interactive memory features you request. We do not sell, trade, or otherwise transfer Biometric Data to third parties except as necessary to provide the Service (e.g., to voice synthesis technology vendors) or as required by law.

Retention & Deletion

Biometric Data will be retained for the duration of your active account or as otherwise required to provide the Service. Upon account termination or upon written request, we will destroy Biometric Data within a commercially reasonable timeframe, unless retention is required by law. To request deletion, contact us at legal@myethereal.co.

You retain all ownership rights in the content you upload to Ethereal, including photographs, audio recordings, written materials, videos, and other personal data ("User Content"). By uploading User Content, you grant A&C Maran Holdings LLC d/b/a Maran Labs a non-exclusive, worldwide, royalty-free, sublicensable license to store, process, display, and use your User Content solely for the purpose of operating, maintaining, and improving the Service.

You represent and warrant that you own or have the necessary rights, licenses, and permissions to upload all User Content, and that your User Content does not infringe on any third-party intellectual property rights, privacy rights, or other legal rights.

You acknowledge that you are solely responsible for all User Content you upload and for the consequences of sharing that content within the Service. The Company does not claim ownership of User Content and does not use User Content to train general-purpose AI models without your explicit consent.

We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms, applicable law, or the rights of any third party.

Certain features of the Service require payment of subscription fees or one-time charges ("Fees"). All Fees are stated in U.S. dollars and are exclusive of applicable taxes unless otherwise specified. You agree to pay all Fees associated with your selected plan and to provide accurate, current, and complete payment information.

Subscriptions & Billing

Subscription plans are billed on a recurring basis (monthly or annually, depending on the plan selected). By subscribing, you authorize us to charge your payment method on each renewal date until you cancel. We reserve the right to modify subscription pricing with at least 30 days advance notice.

Cancellation & Refunds

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period; you will retain access to paid features through that date. All Fees are non-refundable except as expressly required by applicable law. The Company does not provide prorated refunds for partial billing periods.

Failed Payments

If a payment fails, we will attempt to notify you and may retry the charge. If payment is not resolved within 10 days, your account may be downgraded or suspended. We are not liable for any loss of data or content resulting from account suspension due to failed payment.

Taxes

You are solely responsible for any taxes applicable to your purchases under these Terms. If we are required by law to collect taxes, we will add such taxes to the applicable charges.

You agree not to use the Service for any of the following purposes:

• Creating AI simulations or voice clones of living individuals without their explicit, informed, and documented consent.
• Uploading, distributing, or generating content that is defamatory, harassing, threatening, fraudulent, or otherwise unlawful.
• Using AI-generated content from the Service to deceive, defraud, or mislead any third party.
• Attempting to reverse engineer, decompile, or extract proprietary AI models or algorithms underlying the Service.
• Accessing or scraping the Service through automated means without our prior written consent.
• Uploading content that infringes on the intellectual property, privacy, or other rights of any third party.
• Using the Service in any way that could harm minors or vulnerable populations.
• Attempting to gain unauthorized access to any portion of the Service or its underlying systems.
• Using the Service in any manner that violates applicable federal, state, or local laws or regulations.
• Reselling, sublicensing, or otherwise commercially exploiting any AI-generated content or features without prior written authorization from the Company.

Violations of this section may result in immediate account termination and may subject you to civil and criminal liability.

Aggregate Cap

To the maximum extent permitted by applicable law, the total cumulative liability of A&C Maran Holdings LLC d/b/a Maran Labs, its members, managers, employees, agents, licensors, and service providers for any claims arising out of or relating to these Terms or the Service — regardless of the form of action or the theory of liability — shall not exceed the greater of: (a) the total Fees paid by you to the Company during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

Exclusion of Consequential Damages

In no event shall A&C Maran Holdings LLC d/b/a Maran Labs, its members, managers, officers, employees, agents, licensors, vendors, or service providers be liable for any:

• Indirect, incidental, special, punitive, consequential, or exemplary damages of any kind.
• Loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings.
• Emotional distress, psychological harm, grief-related harm, or personal injury arising from use of or inability to use the Service.
• Harm arising from exposure to AI-generated content, including inaccurate, distressing, or unexpected outputs.
• Unauthorized access to or alteration of your User Content or Biometric Data.
• Any failure of the Service to meet your expectations with respect to accuracy, completeness, or emotional fidelity of AI-generated representations.
• Damages arising from a third party's unauthorized use of your account or User Content.

These exclusions apply regardless of whether such damages were foreseeable and even if the Company was advised of the possibility of such damages.

Basis of the Bargain

You acknowledge that A&C Maran Holdings LLC d/b/a Maran Labs has entered into these Terms in reliance upon the limitations of liability and disclaimers set forth herein, and that these provisions form an essential basis of the bargain between you and the Company. The limitations set forth in this section shall apply to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, liability shall be limited to the fullest extent permitted by law.

To the fullest extent permitted by applicable law, A&C Maran Holdings LLC d/b/a Maran Labs expressly disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to:

• Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, reliability, timeliness, completeness, or quality of AI-generated content.
• Any warranty that the Service will meet your requirements or that results obtained through the Service will be accurate or reliable.
• Any warranty related to the emotional, psychological, or therapeutic efficacy of the Service.

The Company makes no representations or warranties regarding the accuracy or appropriateness of AI-generated simulations. Users assume all risk associated with the use of AI-generated content and with the emotional and psychological experience of interacting with digital representations of deceased individuals.

You agree to defend, indemnify, and hold harmless A&C Maran Holdings LLC d/b/a Maran Labs and its members, managers, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation.
• Your User Content, including any claim that your User Content infringes the intellectual property, privacy, biometric, or other rights of any third party.
• Your failure to obtain required consents for the collection or use of any individual's Biometric Data or likeness.
• Your use or misuse of AI-generated content produced through the Service.
• Your access to or use of the Service in any manner not expressly authorized by these Terms.
• Any negligent or wrongful act or omission on your part in connection with your use of the Service.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with the Company's defense of such claim.

You may terminate your account at any time by contacting us at support@myethereal.co or through your account settings. Upon termination, your right to use the Service immediately ceases.

The Company reserves the right to suspend or terminate your account, with or without notice, at any time and for any reason, including but not limited to your violation of these Terms, failure to pay applicable Fees, or conduct that we determine in our sole discretion is harmful to other users, third parties, or the Company.

Upon termination, we will make reasonable efforts to allow you to export or retrieve your User Content within 30 days. After this period, the Company may delete your User Content and Biometric Data in accordance with our data retention policies and applicable law.

Sections 3, 4, 5, 8, 9, 10, 12, 13, and 19 of these Terms shall survive termination and continue in full force and effect.

This Privacy Policy describes how A&C Maran Holdings LLC d/b/a Maran Labs collects, uses, stores, and shares your personal information in connection with the Ethereal Service.

Information We Collect

We collect information you provide directly, including account registration data (name, email address, payment information), User Content (audio, video, photographs, written materials), and Biometric Data as described in Section 4. We also collect information automatically through your use of the Service, including usage data, device information, IP addresses, and cookies.

How We Use Your Information

• To provide, operate, and improve the Service and its features.
• To create and deliver AI-generated content and voice simulations you request.
• To process payments and manage your account.
• To communicate with you about the Service, including transactional and promotional communications (you may opt out of promotional communications at any time).
• To comply with legal obligations and enforce these Terms.
• To protect the safety and security of our users and the Service.

Sharing of Information

We do not sell your personal information. We share your information with third-party service providers only as necessary to operate the Service (such as cloud storage, payment processors, and AI technology providers), and under contractual obligations requiring them to protect your information. We may disclose information when required by law, court order, or governmental authority.

Data Retention

We retain your personal information for as long as your account is active or as needed to provide the Service. Following account deletion, we will retain data as required by law or to resolve disputes, and will delete or anonymize personal data within a commercially reasonable period thereafter.

Your Rights

Depending on your jurisdiction, you may have rights regarding your personal information, including the right to access, correct, delete, or port your data, and the right to object to or restrict certain processing. To exercise these rights, contact us at privacy@myethereal.co.

Children's Privacy

The Service is not directed to individuals under the age of 18. We do not knowingly collect personal information from minors. If you believe we have inadvertently collected information from a minor, please contact us immediately so we can delete it.

Security

We implement commercially reasonable technical and organizational safeguards to protect your personal information. However, no method of transmission over the Internet or electronic storage is fully secure. We cannot guarantee absolute security and are not liable for any breach of security outside our reasonable control.

California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to request deletion, and the right to opt out of the sale of personal information. We do not sell personal information. To submit a CCPA request, contact us at privacy@myethereal.co.

International Users

The Service is operated from the United States. If you access the Service from outside the United States, your information may be transferred to, stored, and processed in the United States. By using the Service, you consent to such transfer and processing.

Governing Law

These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or any breach, termination, or validity thereof, shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as otherwise provided herein. The arbitration shall be conducted in Miami-Dade County, Florida, or via remote proceedings.

The arbitrator shall have authority to award any relief that a court could award, subject to the limitations set forth in Section 8. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual claim in small claims court for disputes within that court's jurisdiction.

Informal Resolution

Before initiating arbitration, you agree to first contact us at legal@myethereal.co and provide a written description of the dispute and your desired resolution. We agree to work in good faith to resolve disputes informally within 30 days.

Jurisdiction

To the extent any dispute is not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and waive any objection to such jurisdiction or venue.

The Company complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that your copyrighted work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our designated DMCA agent with the following written information:

• A physical or electronic signature of the copyright owner or an authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit us to locate it on the Service.
• Your contact information, including address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

DMCA notices should be sent to: legal@myethereal.co — Subject Line: "DMCA Notice." We will process valid DMCA notices promptly and remove infringing content where required. Repeat infringers may have their accounts terminated.

If you believe your content was removed as a result of a mistaken or misidentified DMCA notice, you may submit a counter-notification pursuant to 17 U.S.C. § 512(g) to the same address above. Counter-notifications must include the same information required in an original DMCA notice plus a consent to jurisdiction statement.

The Service uses cookies and similar tracking technologies (collectively, "Cookies") to operate, secure, and improve the user experience. Cookies are small data files stored on your device that help us recognize you, remember your preferences, and understand how you interact with the Service.

Types of Cookies We Use

• Strictly Necessary Cookies: Required for the Service to function. These cannot be disabled.
• Performance & Analytics Cookies: Help us understand how users interact with the Service (e.g., pages visited, session duration). Data collected is aggregated and anonymized.
• Functional Cookies: Remember your preferences and settings to personalize your experience.
• Marketing Cookies: Used to deliver relevant advertising and measure campaign effectiveness, where applicable. We do not sell data collected via marketing cookies to third parties.

Your Choices

You may adjust or withdraw your consent to non-essential Cookies at any time through your browser settings or our in-app cookie preferences panel (where available). Note that disabling certain cookies may affect the functionality of the Service. Browsers also allow you to delete stored cookies at any time.

Third-Party Analytics

We may use third-party analytics services (such as Google Analytics) that set their own cookies. These services are governed by their own privacy policies. You may opt out of Google Analytics tracking via the Google Analytics Opt-out Browser Add-on.

Do Not Track

Certain browsers offer a "Do Not Track" (DNT) signal. The Service does not currently respond to DNT signals, as there is no industry standard for their interpretation. We will update this disclosure if that changes.

Pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., and applicable state electronic signature laws, you agree that your electronic acceptance of these Terms — including clicking "I Agree," "Create Account," "Subscribe," or any similar button or action — constitutes a legally binding electronic signature with the same legal effect as a handwritten signature.

By using the Service, you consent to receive all disclosures, notices, agreements, receipts, and other communications from the Company electronically, to the email address associated with your account. You are responsible for maintaining a valid email address on file with the Company. You may withdraw your consent to electronic communications at any time by contacting us at legal@myethereal.co, though withdrawal may affect your ability to use certain features of the Service.

You acknowledge that you have the hardware and software necessary to access and retain electronic communications, including a device capable of accessing the internet and reading PDF, HTML, and email formats.

This section applies to California residents and is provided in compliance with California's Automatic Renewal Law (Bus. & Prof. Code § 17600 et seq.) and the federal Restore Online Shoppers' Confidence Act (ROSCA), 15 U.S.C. § 8401 et seq.

Before completing your subscription purchase, the Company will present a clear summary of the subscription offer, including the renewal terms, the amount you will be charged, and how to cancel. Confirmation of your subscription and its renewal terms will be sent to your registered email address.

California residents have the right to cancel their subscription at any time. Upon cancellation, you will retain access to the Service through the end of your paid billing period. If you believe you have been charged in error, contact us at support@myethereal.co within 90 days of the charge.

This section is provided in part to address obligations and transparency requirements under the European Union Artificial Intelligence Act (Regulation (EU) 2024/1689, the "EU AI Act") and applies to users accessing the Service from within the European Economic Area (EEA) or the United Kingdom.

AI System Classification

Ethereal's AI systems — including voice synthesis, personality simulation, and conversational AI — are designed for use in the context of memorial services and personal legacy preservation. The Company assesses these systems as limited risk under the EU AI Act framework. Nonetheless, we are committed to full transparency regarding how AI is used in the Service.

Transparency Obligations

In compliance with Article 50 of the EU AI Act and applicable transparency requirements:

• All AI-generated content — including simulated conversations, voice outputs, and personality responses — is clearly disclosed as artificially generated.
• The Service does not deploy emotion recognition systems for inference of emotional states without user consent.
• The Service does not use AI to generate or manipulate images, audio, or video of real persons without express disclosure to users and, where legally required, the persons depicted.
• Users interacting with AI-generated representations of individuals will be notified that they are engaging with an AI system, not a live human being.

Human Oversight

Users retain the ability to override, edit, or delete any AI-generated profile, output, or memorial content at any time. The Company does not use Ethereal's AI systems to make consequential automated decisions about users without human review where required by applicable law.

GDPR and EEA Users

Processing of personal data of EEA users is subject to applicable European data protection law, including the General Data Protection Regulation (GDPR). Our lawful basis for processing is your explicit consent, which you provide upon account creation and through your in-app privacy settings. You have the right to withdraw consent at any time, request data portability, and lodge a complaint with your local supervisory authority. Contact us at privacy@myethereal.co for all GDPR-related requests.

Entire Agreement

These Terms, together with the Privacy Policy embedded herein, any supplemental terms incorporated by reference, and any written agreements separately executed between you and the Company, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, representations, warranties, and agreements, whether oral or written.

Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions shall continue in full force and effect.

Waiver

The Company's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by a duly authorized representative of the Company. A waiver of any particular breach or default does not constitute a waiver of any subsequent breach or default of the same or any other provision.

Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without the Company's prior written consent. The Company may freely assign these Terms and any rights or obligations hereunder, including in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. Any purported assignment in violation of this section is void. These Terms are binding on and inure to the benefit of the parties and their respective permitted successors and assigns.

Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms resulting from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, epidemic or pandemic, war, terrorism, civil unrest, government action or regulation, cyberattack, infrastructure failure, labor disputes, or interruption of third-party services. In such event, the Company's obligations will be suspended for the duration of the force majeure event, and the Company will use commercially reasonable efforts to resume performance as soon as practicable.

Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Company, except as expressly set forth herein.

For general inquiries, support, or account-related matters, contact us at support@myethereal.co.

For legal notices, privacy requests, or biometric data deletion requests, contact our legal team at legal@myethereal.co.

Formal legal notices to Maran Labs (A&C Maran Holdings LLC d/b/a Maran Labs) should be sent to the registered address on file with the Florida Division of Corporations. The Company will respond to formal notices within a commercially reasonable time.

For questions specifically relating to this Privacy Policy or your personal data rights, contact us at privacy@myethereal.co.

For DMCA notices, intellectual property concerns, or biometric data deletion requests, contact: legal@myethereal.co.

The entire agreement between the parties is governed by Section 19 of these Terms. For a summary of your key rights, please review the Table of Contents above.