Humane Terms of Service

Last Updated: May 16, 2024

Please read these Terms of Service (these “Terms”) carefully. These Terms are a legally binding contract between you and Humane, Inc. (“Humane,” “we,” “us,” or “our”) regarding your access and use of the Service (as defined below).

These Terms are between you and Humane and govern: (a) your use of (including any access to) Humane’s Ai Pin, any successor or similar versions or models, or Humane-branded accessories or products (each, a “Product”); and (b) your use of (including access to) (i) our websites available at https://humane.com, https://humane.center/, and any other websites we control (including the subdomains of each) (collectively, the “Site”), (ii) the interfaces, environments, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other materials and elements that Humane makes available for use through, or in connection with, a Product, (iii) all visual, audio, interactive or other content available in, or in connection with, any of the foregoing, (iv) other services available via our Site or made available by Humane for use in connection with a Product, (v) technology, software, networks (including third-party networks), and systems used to implement and provide access to the foregoing, (vi) all updates, upgrades, enhancements, modifications, revisions, additions to, or new versions of the foregoing that we make available to you, and (vii) Humane-controlled social media pages (all Products, together with subsections (i) – (vii), individually and collectively, as the case may be and context requires, in any format or media now known or hereafter developed, the “Service”).

BY ACCEPTING THESE TERMS, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND, AS A CONDITION TO YOUR ACCESS OR USE OF THE SERVICE (INCLUDING ANY PRODUCT), YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS (AS DEFINED BELOW). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE, PURCHASE, OR SUBSCRIBE TO ANY PRODUCTS OR THE SERVICE, AS APPLICABLE. IF YOU ARE UNDER AGE 18, YOU MAY ONLY USE THE SERVICE (INCLUDING ANY PRODUCT) WITH THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN. PLEASE BE SURE YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND DISCUSSED THESE TERMS WITH YOU.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 11.2 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

We reserve the right to modify these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised set of Terms through the Service. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. If you do not agree to any change to these Terms, you must discontinue using the Service before such change goes into effect. The “Last Updated” date referenced above indicates when these Terms were last changed. We encourage you to check the Service regularly to learn about changes to these Terms. We may, at any time and without liability: modify or discontinue all or part of the Service (including access to any part of the Service via any third-party links); change, modify, or waive any fees required to use any part of the Service, including any subscription fees; or offer opportunities to some or all Service users.

Requirements to Use the Service. In accessing and using the Service, we ask that you meet certain eligibility and conduct requirements (in addition to other conditions described in these Terms).
1. Eligibility. You must be at least 16 years old to use or order the Service. By agreeing to these Terms, you represent, warrant, and covenant to us that: (a) you are at least 16 years old; (b) if you are under age 18, you have received permission from your parent or legal guardian to use the Service (including any Product) and your parent or legal guardian has reviewed and approved these Terms; (c) you are and will continue to be capable of entering into legally binding contracts, (d) you have not previously been suspended or removed from the Service or any other product or service provided by Humane; and (e) your use of the Service is and will be in compliance with any local, state, national, or international laws, rules, regulations, codes of practices, guidelines, or any other requirements of regulatory authorities, as amended from time to time (collectively, “Law”), within the jurisdiction in which you are a resident or from which you are using the Service. You agree to notify us if any of the foregoing statements cease to be correct.
2. Organizations. If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation, partnership, company, organization, or other entity with which you are associated (an “Organization”), then (a) you are agreeing to these Terms on behalf of yourself and such Organization, (b) you represent, warrant, and covenant that you have, and during the time you use the Service you will maintain, the legal authority to bind such Organization to these Terms, (c) references to “you,” “your,” and “yours” in these Terms will refer to both the individual using the Service and to any such Organization, individually and collectively, and (d) you acknowledge that the use of the Service by or on behalf of any Organization may also be subject to additional terms made available by Humane, which are hereby incorporated by this reference into these Terms.
Use of the Service.
1. Limited Right to Use the Service. Subject to your complete and ongoing compliance with these Terms, the instructions we provide in connection with the Service (including any Product), and solely for so long as and to the extent you are permitted by Humane to use the Service, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and use the Service. If you fail to comply with any of these Terms, you must immediately cease using the Service.
2. Prohibited Uses. By accessing or using the Service, and except as otherwise set forth in a separate written agreement signed by you and Humane or to the extent such a restriction is prohibited by Law, you agree not to engage in the following “Prohibited Uses,” directly or indirectly, including but not limited to:
  1. using the Service for any illegal purpose or in violation of any Law, including privacy laws and consumer protection laws;
  2. violating, or encouraging others to violate, any right of a third party, including by infringing or misappropriating any third-party Intellectual Property (as defined below) or other right;
  3. interfering with security-related features of the Service or access control mechanisms, including by: (i) disabling or circumventing features that prevent or limit the use or copying of any content; or (ii) decompiling or reverse engineering or otherwise attempting to discover the source code of any portion of the Service, except to the extent that the activity is expressly permitted by Law or an applicable license for Open-Source Software (as defined below);
  4. interfering with, permitting unauthorized access to, contaminating, disrupting, disabling, erasing, harming, or otherwise impeding in any manner the normal and expected operation of the Service or part thereof, any user’s use or enjoyment of the Service, or any software, network, equipment, or server connected to or used to provide the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, trap, backdoor, worm, Trojan horse, or other malicious code; (ii) intentionally consuming computer resources beyond what is required for your use of the Service in accordance with these Terms; (iii) using the Service to continually or repeatedly dial telephone numbers associated with free conference calls, free chat lines, or similar or related services; (iv) compromising the Service’s security or capacity, degrading the Service’s performance, or otherwise adversely impacting network service levels or legitimate data flows; (v) using applications which automatically consume unreasonable amounts of available Service capacity; (vi) using applications which are designed for unattended use, automatic data feeds, connections, or applications that are used in a way that degrades Service capacity or functionality; and (vii) misusing the Service, including through “spamming” or sending abusive, unsolicited, or other mass automated communications;
  5. restricting or inhibiting any other person from using the Service with his or her own Product;
  6. performing any misleading, deceptive, fraudulent, or otherwise illegal activity, including impersonating any person or entity, claiming a false affiliation, or engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  7. selling, reselling, or otherwise transferring the access granted under these Terms, or any right or ability to view, access, or use the Service;
  8. using the Service for any commercial purpose;
  9. harvesting or collecting information about users of the Service, including any attempt to decipher any transmissions to or from the servers running the Service;
  10. posting, transmitting, or otherwise making available through, or in connection with, the Service any content or materials (including Submissions, as defined below) that are or may be: (i) threatening, harassing, degrading, or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age; (iii) an invasion of another’s privacy; (iv) unlawful, defamatory, libelous, fraudulent, or otherwise tortious; (v) obscene, indecent, pornographic, or otherwise objectionable; (vi) harmful to or exploitative of minors in any way; (vii) false or otherwise misrepresent your affiliation with any person or entity; (viii) constitutes or contains any form of advertising or solicitation to users of the Service who have requests not to be contacted about other services, products, or commercial interests; or (ix) protected by any Intellectual Property right or any other proprietary right, without the express prior written consent of the applicable owner;
  11. copying, reproducing, modifying, adapting, translating, creating derivative works of, displaying, performing, broadcasting, synchronizing, publishing, selling, reselling, renting, leasing, licensing, loaning, timesharing, archiving, distributing, transmitting, or otherwise exploiting any portion of (or any use of) the Service or otherwise making the Service available to any third party, including for any third-party training or service bureau use, except as expressly authorized herein;
  12. removing any copyright, trademark, or other proprietary rights notice from the Service;
  13. framing or mirroring any portion of the Service, or otherwise incorporating any portion of the Service into any product or service;
  14. systematically downloading or storing the Service or any element thereof (except for your or other users’ Submissions or your Intellectual Property, so long as you have any required authorizations or releases);
  15. using any robot, spider, agent, script, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather any element of the Service, or reproduce or circumvent the navigational structure or presentation of the Service (except as allowed by website access mechanisms such as robots.txt);
  16. accessing or using the Service for the purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes;
  17. accessing, altering, or interfering, or attempting or assisting another person to access, alter, or interfere, with the communications equipment or information of Humane (or any of Humane’s suppliers), any customer, or end user, including by rearranging, tampering, or making any unauthorized connection with any wireless telephone equipment, or using any scheme, false representation, or false credit devices, or by, or through, any other fraudulent means or devices whatsoever;
  18. any other unauthorized, wrongful, or misappropriated use of the Service (including cloning, compromised subscriber identity module (including eSim, “SIM”) algorithm, and subscription fraud) on a Mobile Station International Subscriber Directory Number (“MSISDN”) or SIM assigned or allocated to you, whether or not the MSISDN or SIM is currently active;
  19. rearranging, tampering, or making an unauthorized connection with any portion or component of the Service;
  20. using or assisting others in the use of any unethical or fraudulent scheme, or by or through any other unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for the Service;
  21. using the Service without permission on a stolen or lost Product or device;
  22. accessing the accounts of other users of the Service without authority;
  23. installing any amplifiers, enhancers, repeaters, signal boosters, or other devices that modify or otherwise affect the radio frequencies used to provide the Service without express permission from Humane;
  24. using the Service for monitoring of third parties without their permission, including location-based tracking of individuals;
  25. using the Service to provide life-sustaining medical care or monitoring;
  26. any other use of the Service that Humane reasonably determines, in its sole discretion, is fraudulent, harmful, or in violation of this Section 2; and
  27. attempting to do any of the Prohibited Uses described in this Section 2 or assisting any person in engaging in, or authorizing or permitting any person to do, any of the Prohibited Uses described in this Section 2. If you are prohibited under applicable Law from using the Service, you must not, and agree not to, use the Service.
3. Modification of the Products and the Service. Humane does not and cannot guarantee that, as of the date of your acceptance of these Terms or at any time in the future, all functionality is available with respect to the Service or any one or more elements of the Service, including any purchased Product. We reserve the right, at any time, to modify, limit, or discontinue any and all features of (a) any Product or element thereof, or (b) the Service, or any part or element of the foregoing, temporarily or permanently, without notice to you. We may, at any time, suspend or terminate your right to use the Service, including access to your account or data. Humane will have no liability for any change to any part of the Service (including a Product) or any suspension or termination of your access to or use of the Service.
Ownership; Third-Party Software and Services. The Service contains our proprietary information and Intellectual Property rights. We grant you a limited license to allow you to access and use the Service, so long as you continue to comply with our Terms.
1. Ownership; Proprietary Rights. The Service is owned and operated by Humane (or its third-party licensors and suppliers) and contains materials and subject matter protected by copyrights, patents, trade secrets, trademarks, or other intellectual property rights (collectively, “Intellectual Property”) of Humane. These Terms do not grant you any ownership interest in or to the Service, including any Intellectual Property rights, but only a limited right of use that can be revoked according to these Terms. Humane and its licensors reserve all rights, including all Intellectual Property rights, not granted expressly to you under these Terms.
2. Trademark Rights. All trade names, trademarks, service marks, and logos (together with all goodwill associated with the foregoing, “Trademarks”) displayed on the Product or used in connection with the Service are either owned by us or are the property of their respective owners. You may not use our Trademarks in connection with any product or service that is not ours, any product, service, or use that is not expressly authorized by us, or in any manner that is likely to cause confusion with respect to the ownership or affiliation of Humane’s Trademarks. Nothing contained in the Service should be construed as granting any right to use any Trademarks without the express prior written consent of the owner.
3. Third-Party Services; Third-Party Software.
  1. The Service may include access to, or use of, third-party services (“Third-Party Services”). Your use of any Third-Party Services shall be subject to the terms and conditions applicable to such Third-Party Services.
  2. Any portion of the Service that constitutes third-party software (“Third-Party Software”) is licensed to you subject to the terms and conditions of the software license agreements governing such Third-Party Software. If you would like a list of software provided under a public license (“Open-Source Software”) that is included as part of the Third-Party Software, please visit https://humane.com/support for further assistance. Please note, the list of Open-Source Software is subject to updates from time to time.
Submissions; Feedback.
1. General. You and other visitors to or users of the Service may create, record, generate, upload, post, or otherwise make available (“Submit”) certain photos, videos, media, and other content and files (each, a “Submission”) through, or in connection with, the Service. Humane has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of Submissions or any loss of any Submissions, including how other users may use or interact with your Submissions, or for other users’ Submissions. You agree not to Submit any information or other materials that you consider to be confidential or proprietary or that violate Law or others’ rights through, or in connection with, the use of the Service. If you choose to make any personally identifiable or other information publicly available through the Service, you do so at your own risk.
2. Ownership. For purposes of clarity, you retain ownership of your Submissions. We need certain permissions from you to use the Submissions to provide the Service and for certain other specified purposes. Specifically, for each Submission you Submit, you hereby grant to us a worldwide, royalty-free, fully paid-up, perpetual, sublicensable (through multiple tiers), and non-exclusive license, without any additional consideration to you or any third party, to reproduce, adapt, distribute, publish, display, prepare derivative works of, and use such Submission for the following purposes: (a) to provide you with the Service, fulfill your requests, and improve the Service; (b) to ensure that our vendors, Service providers, and third-party partners can provide certain Service functionalities to you; (c) for legal, safety, or security reasons, including to prevent fraud, to enforce these Terms and for other compliance reasons; and (d) for any other purpose for which you give your express consent.
3. Feedback. In addition, if you choose to provide us with any input, ideas, proposals, suggestions, or feedback (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission and the above terms regarding Submissions will apply. You agree that you provide all Feedback to us on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence). Your provision of such Feedback is gratuitous, irrevocable, and does not place any restrictions on Humane, including any fiduciary or other obligation.
4. No Duty to Monitor. We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. Subject to our Privacy Policy, we may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
5. Representations. YOU ARE ENTIRELY RESPONSIBLE FOR THE SUBMISSIONS YOU SUBMIT AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THOSE SUBMISSIONS (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT, WARRANT, AND COVENANT THAT: (a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE SUBMISSIONS, OR OTHERWISE AUTHORIZED TO GRANT US THE ABOVE LICENSE TO SUCH SUBMISSIONS; (b) THE SUBMISSIONS WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; AND (c) THE SUBMISSIONS ARE NOT FRAUDULENT, TORTIOUS, OR OTHERWISE IN VIOLATION OF ANY LAW. YOU FURTHER IRREVOCABLY WAIVE ANY “MORAL RIGHTS” OR OTHER RIGHTS WITH RESPECT TO ATTRIBUTION OF AUTHORSHIP OR INTEGRITY OF MATERIALS REGARDING THE SUBMISSIONS THAT YOU MAY HAVE UNDER ANY APPLICABLE LAW UNDER ANY LEGAL THEORY.
Third-Party Sites.
1. The Service may contain links to third-party websites or other content and services provided by third parties (“Third-Party Sites”). Humane neither controls nor endorses these Third-Party Sites, nor has Humane reviewed or approved the content that appears on them. Humane is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any Third-Party Sites. Your use of Third-Party Sites is at your own risk and is subject to any additional or separate subscriptions, terms, conditions, and policies applicable to such Third-Party Sites (such as terms of service or privacy policies of the providers of such Third-Party Sites). Humane is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the access to or use of any Third-Party Sites.
2. The Service may include the ability to access the Wolfram|Alpha website, located at http://www.wolframalpha.com(the “Wolfram|Alpha Website”). If you choose to access the Wolfram|Alpha Website, you shall be subject to Wolfram|Alpha’s Terms of Use, located athttp://www.wolframalpha.com/termsofuse/pro . Results and information from the Wolfram|Alpha Website are not a certified or definitive source of information that can be relied on for legal, financial, medical, life-safety, or any other critical purposes.
Terms of Sale.
1. Subscriptions. Certain features, content, functionalities, and other aspects of the Service are available only to users with a valid subscription (a “Humane Subscription”), subject to Humane’s Plan Terms.
2. Account. During the order or pre-order process for a Product from our Site (an “Order”), you may be required or permitted to create a Humane account. You are responsible for maintaining the confidentiality of your password and any other registered authentication mechanisms used for multi-factor authentication. You are responsible for restricting access to your password and other authentication mechanisms, and you hereby accept responsibility for all activities that occur under your account.
3. Payment Methods. We use a third-party payment processor (the “Payment Processor”) to handle payments for all Orders for Products from our Site. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for errors by the Payment Processor. If you Order a Product from our Site, you agree to pay us through the Payment Processor, in accordance with the applicable payment terms.
4. Orders. Each Order that you submit to us constitutes an offer to purchase, and by submitting an Order for a Product, you agree to purchase that Product. We may verify certain items in your Order and reserve the right to limit, modify, deny, or cancel all or part of an Order or a return request and may refuse to ship Products to you for any reason including: (a) if we detect suspicious or fraudulent activity in violation of these Terms or any additional terms specified on a Product page or in a Product description (including quantity limits); or (b) if you do not reside in a country from which Products may be purchased. All Products offered by Humane are subject to availability.
5. Delivery. We may not be able to deliver Products to all locations. If we do not ship a Product to the address you provided, we will notify you. Any delivery dates or times provided by Humane (or a delivery agent) are estimates only and are not guaranteed. You assume risk of loss of any purchased Products when such Products are delivered to a carrier. Title to Products passes to you upon full payment, FOB the distribution facility of Humane or Humane’s distribution partners (Incoterms 2020).
6. Pricing. Pricing and shipping information will be displayed during the checkout process before you submit your Order. All prices and Products, even after you submit your Order, are subject to change for any reason.
7. Errors, Inaccuracies, or Omissions. Humane attempts to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. If a Product offered on the Site is not as described or pictured, your sole remedy is to return it in accordance with Humane’s Return Policy. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel Orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your Order), and your sole remedy in the event of such error is to cancel your Order.
8. Return Policy. For more information on returning a Product, please visit Humane’s Return Policy.
9. Resale Not Authorized. The purchase of a Product for the purpose of selling or reselling to third parties, other than by authorized resellers approved by Humane, is not authorized by Humane. The Product is solely intended for use by you, the purchaser, or gift recipient of the Product.
Waiver; Wellness-Related Content.
1. Waiver.
  1. If you have purchased any Products, you hereby acknowledge and agree that you have read, and shall comply with, the user manuals provided with all such Products (if any).
  2. You understand that, by using the Service, you may be exposed to a variety of hazards and risks, foreseen or unforeseen, including risks that arise as a result of using any Product. You understand that injuries or damage could occur by natural causes or activities of other persons, whether as a result of negligence or otherwise. To the fullest extent permitted by applicable Law, you voluntarily assume all risk of loss, damage, and injury to person or property that may arise from, or that is related to, your use of the Service, whether such risk is known or unknown to you.
  3. You hereby waive and release the Humane Entities (as defined below), to the fullest extent permitted by Law, from any claim, action, suit, or demand (each, a “Claim”) arising out of, or in connection with, the use of the Service (including with respect to any physical injury or death). You acknowledge that none of the Humane Entities will incur any obligation to you under any legal theory (including negligence) as a result of your use of the Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors, and assigns.
  4. IF YOU ARE A CALIFORNIA RESIDENT, THE FOREGOING RELEASE IS INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING, IF APPLICABLE, THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542 (WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”) AND OTHER ANALOGOUS LAWS OR LEGAL PRINCIPLES OF ANY JURISDICTION REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
2. Wellness-Related Content. You acknowledge and agree that: (a) Humane is not a healthcare provider; (b) the Service (including any recommendations and any information available through the Service that may be personalized) may not be appropriate for you, and does not constitute or replace medical advice, diagnosis, or treatment; (c) Humane is not responsible for any results that may (or may not) be obtained from the use of the Service; (d) it is your sole responsibility to consult with your personal physician about your health, including about any medical condition, impairment, or disability that may prevent or limit your ability to use the Service (including any Product); and (e) you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Service (including each Product) solely in accordance with your personal physician’s advice. NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, NUTRITIONAL, OR COUNSELING CARE, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTHCARE OR NUTRITIONAL TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HUMANE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS, AND NUTRITIONAL INFORMATION THAT APPEARS ON OR THROUGH THE SERVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON OR THROUGH THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Indemnity. To the fullest extent permitted by applicable Law, you agree to defend (at our election), indemnify, and hold harmless Humane and its affiliates, and its and their officers, directors, employees, consultants, contractors, affiliates, subsidiaries, advisors, and agents (collectively, the “Humane Entities”) from and against every Claim brought by a third party, and any related liability, damage, loss, expense, settlements, and judgments of whatever kind (including reasonable attorneys’ fees and costs, the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers) arising out of, or in connection with: (a) the use of the Service or any Product by you or under your account; (b) your violation of any portion of these Terms, any representation, warranty, covenant, or agreement referenced in these Terms, or any applicable Law; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties.
1. No Warranty for Third-Party Components. The Products may be manufactured, in whole or in part, by a third party. Accordingly, we do not provide any warranties with respect to the Products offered on our Site, except for those warranties provided in Humane’s Limited Warranty and any statutory rights for defective Products. However, a Product may be covered by the manufacturer’s warranty as detailed in the Product’s description on our Site and included with the Product.
2. Warranty Disclaimer. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND IN HUMANE’S LIMITED WARRANTY, THE SERVICE AND EACH ELEMENT OF THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUMANE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE (INCLUDING ALL PRODUCTS AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE), INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HUMANE DOES NOT WARRANT THAT THE PRODUCTS, THE SERVICE (INCLUDING ANY PRODUCT OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE), OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HUMANE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
3. Use of the Service is at Your Risk. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR ANY HUMANE ENTITY, WILL CREATE ANY WARRANTY REGARDING THE SERVICE OR BY SUCH HUMANE ENTITY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PRODUCTS, THE SERVICE, OR YOUR USE OF THE PRODUCTS OR SERVICE. YOUR USE OF THE SERVICE (INCLUDING ANY PRODUCT), IN WHOLE OR PART, IS AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA RESULTING THEREFROM.
4. Scope. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 9 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Humane does not disclaim any warranty or other right that Humane is prohibited from disclaiming under applicable Law.
Limitation of Liability.
1. No Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY HUMANE ENTITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A PRODUCT OR THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT ON THE SERVICE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH HUMANE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Aggregate Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HUMANE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, A PRODUCT OR THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT ON THE SERVICE), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO HUMANE FOR ANY PRODUCTS PURCHASED WITHIN THE 12 MONTHS PRECEDING THE DATE OF THE APPLICABLE CLAIM.
3. Risk Allocation. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Governing Law and Arbitration.
1. Governing Law. These Terms, the Service, and any dispute, controversy, or claim arising out of, in relation to, or in connection with these Terms or the Service, are governed by the Laws of the State of California, without regard to conflict of law principles or case law that would result in the application of the Laws of another jurisdiction.
2. Scope. Any dispute, controversy, or claim arising out of, in relation to, or in connection with these Terms, including your access to or use of, or your inability to access or use, a Product or the Service (including any materials or content on the Service), shall be settled through binding arbitration administered by the American Arbitration Association (“AAA”), (a) in accordance with its Commercial Arbitration Rules, or (b) alternatively, should the AAA and the arbitrator determine that the AAA Consumer Arbitration Rules apply, in accordance with the Consumer Arbitration Rules.
3. Applicability. Notwithstanding the terms of Section 11.2, you and Humane may each: (a) seek interim measures in relation to an arbitration under Section 11.2 in the federal or state courts of San Francisco County, California; and (b) in instances in which the Consumer Arbitration Rules would apply, bring individual actions in small claims court in San Francisco County, California as provided in the Consumer Arbitration Rules. In relation to clauses (a) and (b) above, you and Humane each hereby irrevocably consent to personal and exclusive jurisdiction in the specified courts. Nothing in this Section bars either you or Humane from bringing issues to the attention of federal, state, or local agencies.
4. Waiver of Class or Consolidated Actions. You and Humane agree that any claim or dispute within the scope of this Section 11 shall be arbitrated on an individual basis and shall not be combined or consolidated with a dispute involving service provided to any other person or entity and shall not under any circumstances proceed as part of a class action. You and Humane agree that the AAA Supplementary Rules for Multiple Case Filings shall not apply to any claim or dispute within the scope of this Section 11.
5. Authority. Notwithstanding anything to the contrary in these Terms, this arbitration agreement and any arbitration conducted thereunder shall be governed exclusively by the Federal Arbitration Act, Title 9 United States Code, to the exclusion of any state or municipal Law of arbitration. The arbitration shall be conducted before a single arbitrator. The arbitrator will have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages. The place (legal seat) of arbitration shall be San Francisco, California. Judgment on the arbitrator’s award may be entered in any court having jurisdiction thereof.
6. Severability. If any part or parts of this arbitration agreement are found under Law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this arbitration agreement shall continue in full force and effect.
7. Confidentiality. Except as may be required either by Law (including applicable securities Laws) or to enforce any award rendered by the arbitrator or seek relief pursuant to Sections 11.3(a) or (b) above, neither a party to these Terms, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
8. Opt-Out Procedure. Notwithstanding any other provision of this Section 11, if you do not wish to be bound by the arbitration provisions in this Section 11, you must notify Humane in writing within 30 days of accepting this arbitration agreement at the time you first enter into these Terms of Use. You may opt out by emailing legal@humane.com with your first name, last name, mailing address, email address, phone number, and relevant account information (if applicable), along with a statement that you decline this arbitration agreement. If you opt out of the arbitration provisions as provided in this Section 11, all other provisions of these Terms will continue to apply.
9. Venue. Subject to the remainder of this Section 11 regarding mandatory arbitration, you and Humane irrevocably submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the County of San Francisco, California for resolution of any lawsuit or court proceeding under these Terms. With respect to the foregoing courts, you and Humane hereby irrevocably and unconditionally waive, and agree not to assert, (a) any claim that they are not personally subject to the jurisdiction of such courts for any reason, and (b) that (i) the suit, action or proceeding in such courts is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper, or (iii) these Terms may not be enforced in or by such courts.
10. Costs and Fees. To the fullest extent permitted under applicable Law, the arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, AAA administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
11. Injunctive Relief. Nothing in this Section 11 will prevent either party from seeking interim injunctive relief against the other party, subject to Section 11.2.
Miscellaneous.
1. General Terms. These Terms, together with the Additional Terms, are the entire and exclusive understanding and agreement between you and Humane regarding your use of the Service. No amendment to or waiver of these Terms shall be valid unless in writing and signed by an authorized representative of Humane. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so if void. We may assign these Terms at any time without notice or consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. We shall not be liable for any failure or delay in performance under these Terms, including the Additional Terms, for causes beyond our reasonable control. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to,” the word “or” is not exclusive and shall have the meaning commonly ascribed to the term “and/or,” and the singular includes the plural and vice versa.
2. Term; Termination.
  1. Term. These Terms become binding on you on the date you accept these Terms and shall continue so long as you have an account with us or continue to use the Service, unless earlier terminated in accordance with these Terms.
  2. Termination. If you violate any provision of these Terms, you are no longer authorized to use the Service. In addition, Humane may, at its sole discretion for any reason or no reason, and with or without notice: (i) terminate these Terms; (ii) suspend, disable, or terminate your access to the Service; (iii) suspend, disable, or delete your Humane account (or any part thereof); or (iv) block or remove any Submission that you submitted.
  3. Effect of Termination/Account Deletion. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer be authorized to access the Service; and (iii) Sections 3.1, 3.2, 4.1, 4.2, 4.5, 5, 6.5, 7, 8, 9, 10, 11, and 12 will survive. In the event of account deletion for any reason, Submissions may no longer be available and Humane is not responsible for the deletion or loss of any such Submissions.
3. Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information.
4. Additional Terms. These Terms hereby incorporate by this reference any additional terms, conditions, policies, rules, or guidelines posted by Humane through the Service, or otherwise made available to you by Humane (collectively, the “Additional Terms”). In the event of a conflict between the Additional Terms and these Terms, these Terms will control. The Additional Terms include: Humane’s Privacy Policy, Humane’s Plan Terms, Humane’s Limited Warranty, Humane’s Return Policy
5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
6. Contact Information. The Service is offered by Humane, Inc., located at 969 Folsom Street, San Francisco CA, 94107. If you would like to get in touch with us, please visit https://humane.com/support.
7. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service (including any Product) or to receive further information regarding the use of the Service, including any Product.
8. No Support. We are under no obligation to provide support for the Products or the Service. In instances where we may offer support, the support will be subject to Humane’s published policies.
9. International Use. The Service is controlled or operated (or both) from the United States and is not intended to subject Humane to any non-U.S. jurisdiction or Law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable Law in doing so. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
10. Export Controls. The Service may be subject to import and export Laws in the United States and elsewhere, which may include restrictions on destinations, users, and end use, and you must comply with any and all such import and export Laws that apply in connection with the Service. You represent, warrant, and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
11. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may contact Humane’s registered DMCA Agent as follows: By mail to Humane Copyright Agent, Copyright Operations, Humane Inc., 969 Folsom Street, San Francisco, CA 94107; by email to copyright@humane.com; or by phone at tel: 415-213-2864. Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on the Service is infringing, you may be liable to Humane for certain costs and damages. We suggest that you consult your legal advisor before filing a DMCA notice.
12. Severability. The provisions of these Terms are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable and the remainder of these Terms shall continue in full force and effect.