1. Introduction and Overview
In Short: HUMN connects people who need work done with people who can do it. We are the infrastructure, not a party to what you agree with another member.
Services. HUMN is an infrastructure for trusted human commerce and the contribution economy which brings together individuals seeking the performance of certain requested services on their behalf, and individuals seeking to advertise and provide certain services, to enable such individuals to offer, request, connect, identify, and obtain or perform such services (“Opportunities”).
HUMN Opportunities and Services are intended to help individuals and organizations:
- establish and manage portable digital identity;
- document skills, credentials, work and contribution;
- build trusted relationships and communities;
- discover jobs, projects, Quests and other opportunities;
- enter into peer-to-peer and business transactions;
- create and administer agreements;
- send and receive payments;
- maintain portfolios and verified records;
- manage intellectual property, licensing and royalties;
- use AI tools to support opportunity discovery and economic agency; and
- access HUMN experiences through software and connected wearables.
We do not take part in the interaction between Users. We do not have control over the quality, timing, legality, failure to provide, or any aspect whatsoever of any work product provided by Users or ratings provided by Users, Projects or Opportunities posted by HUMN members, or any actions of any Users. HUMN makes no representations about the suitability, reliability, timeliness or accuracy in public, private or offline interactions.
HUMN does not guarantee work; income; business growth; access to capital; credit approval; grants; customers; investment returns; reputation improvement; payment volume; or any particular result. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property. NEITHER HUMN NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. HUMN AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICES OR TECHNOLOGY.
PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE YOU CREATE AN ACCOUNT. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING OUR PRIVACY POLICY, COOKIE POLICY, ONLINE SAFETY TIPS AND ANY COMMUNITY GUIDELINES OR POLICIES, AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
This Agreement is a legal agreement that governs our relationship with users and others that interact with HUMN Inc. and our subsidiaries and affiliates (the “Company”, “we,” or “us”) in connection with the use of our websites (including www.humn.world (the “Sites”)) and our Services (as defined below). We currently make services, products and features available through our Sites, applications, which include Mobile Software and applications available on social networking sites and other platforms, and other downloadable products (the Sites, the applications, the downloadable products, services and features provided by us in connection therewith shall be referred to collectively as, the “Services”). We may offer additional services or products or modify or revise any of the Services at our discretion, and this Agreement will apply to all additional services or products and all modified or revised Services unless otherwise indicated. We also reserve the right to cease offering any of the Services. You agree that we shall not be liable to you or any third party for any modification, revision, suspension or discontinuance of any of the Services.
Your use of certain Services may be subject to additional terms and conditions, and such terms and conditions will be either listed in this Agreement or will be presented or accessible to you by us when you sign up to use, or use, such Services (“Additional Terms”). All such Additional Terms are incorporated by reference into this Agreement unless otherwise indicated. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
All visitors to or users of our Sites or Services, whether registered or not, are “users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.
Changes to this Agreement
This Agreement and any policy or guideline of the Services may be modified by us in our sole discretion at any time. We shall provide notice of any such modification, which notice shall, at a minimum, consist of posting the revised Agreement to the Sites. When we change the Agreement, we will update the “last revised” date at the top of this page. If you are a Member or a non-user at the time of any modification, unless otherwise indicated, any changes or modifications will be effective immediately upon posting the revisions to the Site or Service, and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a Member at the time of any change or modification, unless otherwise indicated this Agreement will continue to govern your membership until such time that your membership renews as contemplated herein. If you continue your membership, the renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your membership at such time, your use of the Service after your termination will constitute acceptance by you of the revised Agreement. As a result, you should frequently review this Agreement and all applicable terms and policies to understand the terms that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
Memberships
HUMN may offer free and paid membership plans. Paid memberships may renew automatically at the frequency disclosed during enrollment until canceled. Before purchase, HUMN will present material billing terms, including price; billing frequency; trial period, if any; included features; automatic-renewal terms; cancellation method; and applicable refund terms.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Electronic Records
In Short: Because HUMN runs electronically, we deliver notices and agreements to you electronically rather than on paper.
Because the Services are provided electronically, you must consent to our providing important information electronically if you wish to use the Services. You consent to being provided with this Agreement, notices, disclosures, information, policies and other materials in electronic form (collectively “Electronic Records”), rather than in paper form in accordance with The Electronic Signatures in Global and National Commerce Act. Your consent to receive Electronic Records applies to all notices, disclosures, documents, records or other materials of any kind that we may be required to provide to you. You may wish to print out all Electronic Records and keep them for your records.
3. Eligibility
In Short: You must be 18 or older, in good standing, legally able to agree to these Terms, and not subject to U.S. sanctions.
By accessing or using the Services, you represent and warrant that:
- you are at least 18 years old;
- you have not previously been suspended or removed from the HUMN Services;
- you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement;
- you are not a competitor of ours and are not using the Services for reasons that are in competition with us or other than for its intended purpose; and
- you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed, (ii) identified as a “Specially Designated National” or (iii) placed on the Commerce Department's Table of Deny Orders.
4. Use of the Services
In Short: Keep your account secure, use it yourself, be truthful, and treat other members with respect. We do not screen users, so use judgment.
Account Registration and Password Protection
Prior to gaining access to certain Services on the Site, HUMN may require you to set up a user name and password (the “Passwords”) as set forth in the account registration procedures posted on the Site. You agree to comply with the procedures specified by HUMN from time to time regarding obtaining and updating Passwords for the Site and Services. You agree to assume sole responsibility for the security of Passwords issued to you. Passwords are subject to cancellation or suspension by HUMN at any time, including upon the misuse of any and the reissuance or reactivation of Passwords. You agree to ensure that you will use your best efforts to prevent any third party from obtaining your Password, and you shall inform HUMN immediately in writing of any actual or potential unauthorized access to a Password or to the Site and/or Services. You agree that you will only use the Services, including the posting of any content through the Services, in a manner consistent with this Agreement and any and all applicable local, state, national laws and regulations, including, but not limited to, United States export control laws. Use of the Services is void where prohibited.
a. Member Account
You will create a unique profile for use of the Services. This profile may have URLs, multimedia, artworks downloaded from external sources, email addresses or any other contact information in your profile or in any other publicly viewable User Content or other communications made in connection with your use of the Services.
b. Account Security
You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password, including the acquisition of any services. You agree:
- to immediately notify us if you suspect any unauthorized use of your username or password or any other breach of security;
- to ensure that you exit from your account at the end of each session;
- not to use the account, profile, username or password of any other user or Member;
- to use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information; and
- that you may not sell, lease or transfer an Account.
You acknowledge that we are not responsible for any loss or damage arising from the theft or misappropriation of your username or password. We recommend that you use a strong password for your account, never use the same password on multiple sites or services and change your password frequently.
c. Exclusive Use
You will only use the Services for your sole, personal use and not on behalf of another person. Likewise you will not authorize others to use the Services or otherwise attempt to transfer your right to use the Services to any other person or entity.
d. Interactions with Other Users
You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others. There is no substitute for acting with caution when communicating with any stranger who wants to meet you. YOU ACKNOWLEDGE THAT, CURRENTLY, WE DO NOT ROUTINELY SCREEN OUR USERS, INQUIRE INTO THE BACKGROUND OF OUR USERS, ATTEMPT TO VERIFY INFORMATION PROVIDED BY OUR USERS OR CONDUCT CRIMINAL SCREENINGS OF OUR USERS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CONDUCT SUCH INQUIRIES OR SCREENINGS. YOU FURTHER ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO CONDUCT ANY SUCH INVESTIGATIONS.
We do not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you. You agree to take all necessary precautions when meeting other users, especially if you decide to meet in person. These tips provide general advice aimed at engaging in safer practices, such as not providing your home address, financial information (such as your credit card number or your bank account number) or other identifying information to other users and stopping all communications with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it. You agree to treat all other users with dignity and respect and comply with our user conduct rules set forth below.
e. No Junk Advertising
You will not transmit any chain letters, junk or spam email to other users.
f. User Conduct
We are not responsible or liable in any manner for the conduct of our users, whether or not such conduct is in connection with the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOU USE THE SERVICES AT YOUR OWN RISK.
You agree to:
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- use your real name and real age in creating your user account and on your profile; and
- use the services in a safe, inclusive and respectful manner and adhere to this Agreement, and our community policies or guidelines at all times.
You agree not to do any of the following while engaging with other users or using the Service:
- use the Service in any unlawful manner or in a manner that is harmful to or violates the rights of others;
- engage in any unlawful, harassing, obscene, intimidating, threatening, predatory or stalking conduct;
- use the Services in any manner that could disrupt, damage, disable, overburden, impair or affect the performance of the Services or interfere with or attempt to interfere with any other user's use of the Services;
- attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- impersonate any person or entity, or misrepresent your age, identity, affiliation, connection or association with, any person or entity;
- defraud, swindle or deceive other users of the Services;
- disseminate another person's personal information without his or her permission, or collect or solicit another person's personal information for commercial or unlawful purposes;
- solicit or engage in gambling or any illegal or unlawful activity;
- use any scripts, bots or other automated technology to scrape or access the Services or take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- use the Service for any phishing, trolling or similar activities;
- use the Service to redirect users to other sites;
- harvest or collect email addresses or other contact information of other users from the Services by electronic or other means or use the Services to send, either directly or indirectly, any unsolicited bulk email or communications, unsolicited commercial email or communications or other spamming or spimming activities;
- attempt to access any Services or area of the Sites that you are not authorized to access;
- bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- use another user's account or permit or allow other people or third parties to access and use the Services via your account; or
- upload invalid data, viruses, worms, or other software agents through the Services.
g. Reporting Violations
If you wish to report any violation of this Agreement by others, including Members, you may do so. We reserve the right to investigate any possible violations of this Agreement, any user's rights, or any third party rights and we may, in our sole discretion, immediately terminate any user's right to use of the Service without prior notice, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the Sites.
h. Verification and Enforcement
Although we do not routinely conduct screenings of our users, you agree that we have the right to do so at our sole discretion, and you consent to such screening and agree to provide to us complete, accurate and current information confirming your eligibility for use of the Services. You understand and agree that if the Company believes in its sole discretion that you have violated the terms of this Agreement, misused the Services or behaved in a way that could be regarded as inappropriate, unlawful, illegal or unsafe, the Company may, among other things, investigate, take legal action against you and/or terminate your account and cancel your membership.
5. The HUMN Passport
In Short: Your Passport is where your identity, skills and contribution records live. It is not a government ID or a guarantee about anyone.
The HUMN Passport allows Members to store, manage, display or share:
- identity information;
- professional and community profiles;
- skills and services;
- credentials and certifications;
- portfolios and work samples;
- Contribution records;
- reviews and attestations;
- trusted connections;
- community memberships;
- contracts and transaction history;
- wallet information;
- intellectual-property records;
- opportunity history; and
- other information selected by the Member.
The HUMN Passport is intended to make eligible records portable and useful across the HUMN ecosystem. Portability to external systems depends on technical compatibility, third-party participation, legal requirements and available integrations.
A HUMN Passport is not a government passport, government-issued identification document, banking license, employment certification, credit report or guarantee of another person's identity, conduct, qualifications or financial condition.
6. Identity, Business and Credential Verification
In Short: A verification badge means we checked specific information at a point in time. It is not a character reference.
HUMN may offer or require verification using HUMN systems or third-party providers. Verification may include email and telephone verification; government identification; facial or biometric matching where legally permitted; address verification; business and beneficial-owner verification; professional credentials; licenses and certifications; payment-account verification; wallet verification; device verification; and other trust or fraud-prevention checks.
A verification badge or status means only that specified information was evaluated using the applicable process at a particular time. It does not guarantee character; safety; honesty; professional quality; legal compliance; creditworthiness; future performance; or the accuracy of information outside the scope of the verification.
Members must not misrepresent verification status or use another person's credentials.
7. Vannadium Trust and Data Infrastructure
In Short: Some trust and verification features run on third-party infrastructure. Not everything on HUMN is anchored to a ledger.
Certain HUMN Services may use technology and infrastructure supplied by Vannadium or other trust-infrastructure providers.
Depending on the implementation, these services may support cryptographic timestamping; data-integrity validation; verification records; distributed-ledger anchoring; Proof of Contribution; credential integrity; transaction audit trails; smart-contract functions; permission management; and tamper detection.
HUMN does not represent that every activity on the platform is automatically verified, immutable or recorded on a distributed ledger. Where Vannadium or another provider operates as an independent service provider, processor or controller, its separate terms or privacy disclosures may also apply. HUMN may replace, supplement or modify infrastructure providers as the Services evolve.
9. Enterprise and Organizational Services
In Short: Organizations get admin tooling, and a separate enterprise agreement takes precedence over these Terms where the two conflict.
Organizations may receive administrative tools, community-management features, dashboards, APIs, integrations or white-label services.
Enterprise use may be governed by a separate agreement. If a separate written agreement conflicts with these Terms, the separate agreement controls for the applicable enterprise services.
Organization administrators are responsible for their authorized users, permissions and lawful instructions.
10. Proof of Contribution
In Short: A Contribution record documents something that happened. It is not a promise about what happens next.
Members may create or receive Proof of Contribution records documenting activities such as completed services; project milestones; volunteer activity; referrals; learning and training; creative output; community participation; event attendance; professional achievements; peer attestations; and other verified activity.
A Proof of Contribution record documents a reported or verified event. It is not a warranty of future performance and does not automatically create employment, ownership, licensure, creditworthiness or entitlement to compensation.
Members may dispute certain records through available review procedures. HUMN may label a record as disputed, corrected, superseded or revoked.
Where a Verification Record has been anchored to a distributed ledger, HUMN may not be technically capable of deleting the underlying ledger entry. HUMN may instead issue a correction, revocation or superseding record.
11. Reviews, Ratings and Reputation
In Short: Reviews must be genuine and truthful. Buying, selling, faking or coercing reviews is prohibited.
Members may provide reviews, ratings, endorsements or attestations concerning transactions and Contributions.
Reviews must:
- reflect a genuine interaction;
- be truthful and relevant;
- distinguish opinion from factual allegations;
- avoid discriminatory, retaliatory or abusive content;
- comply with applicable law; and
- not be exchanged for undisclosed compensation.
Members may not create fake reviews; review themselves through another Account; coordinate review manipulation; threaten another Member to obtain a favorable review; retaliate for a good-faith review; buy or sell ratings; or use bots or fabricated identities to influence reputation.
HUMN may remove, restrict, annotate or investigate reviews that appear fraudulent, irrelevant, abusive or unlawful. HUMN does not guarantee that ratings or Contribution indicators will be utilized by employers, financial institutions, governments or third parties.
12. Opportunities, Quests and Member Transactions
In Short: Member-to-member work is between those members. HUMN is not the employer, the agency, or your financial adviser.
HUMN may facilitate discovery and communication between Members offering or seeking work, services, collaborations and other Opportunities.
Unless HUMN expressly identifies itself as a contracting party:
- HUMN is not the employer, employee, principal, agent, staffing firm, contractor, subcontractor, partner or joint venturer of any Member;
- Members are responsible for evaluating one another;
- Members determine their own scope, pricing, schedules and contractual terms;
- Members are responsible for required licenses, insurance, taxes and permits;
- Members are responsible for the quality, legality and delivery of their work; and
- disputes arising from a Member-to-Member transaction are primarily between those Members.
HUMN may offer templates, AI-generated drafts, suggested pricing, milestones or workflow tools. Such materials are informational and do not constitute legal, tax, employment or professional advice.
No Investment, Financial or Credit Advice
Information presented through HUMN is for general informational purposes. Unless expressly provided through an appropriately licensed entity, HUMN does not act as an investment adviser; broker-dealer; securities exchange; bank; lender; credit-repair organization; tax adviser; fiduciary; or financial planner. HUMN does not guarantee access to financing, credit, employment, income, grants or investment.
13. Independent Worker Status
In Short: Using HUMN does not make you our employee, and it does not settle how the law classifies your work.
Nothing in these Terms creates an employment relationship between HUMN and a Member.
Members who provide services through HUMN are responsible for determining and satisfying their legal classification, registration, tax, insurance and reporting obligations.
HUMN does not guarantee that a Member will be treated as an independent contractor under applicable law. Classification depends on the actual relationship among the relevant parties.
14. Artificial Intelligence Services
In Short: AI output can be wrong. Review it before you rely on it, share it, or send it to anyone.
HUMN may use artificial intelligence to support opportunity matching; search and recommendations; portfolio organization; skill identification; content generation; proposal and contract drafting; business planning; income insights; fraud and trust analysis; intellectual-property workflows; translation and accessibility; customer support; and other Member-selected functions.
AI outputs may be incomplete, inaccurate, outdated, biased or unsuitable for a particular use. You must review AI-generated material before relying on, sharing or submitting it. AI output is not legal, investment, tax, accounting, medical, employment or financial advice.
You remain responsible for:
- instructions and materials submitted to AI tools;
- determining whether you have rights to use submitted content;
- verifying outputs;
- avoiding unlawful discrimination;
- complying with confidentiality obligations;
- obtaining necessary consent; and
- decisions or actions based on AI output.
You may not use HUMN AI tools to impersonate people, commit fraud, generate unlawful content, manipulate verification records or violate intellectual-property rights.
Separate AI disclosures or model-provider terms may apply to particular tools.
15. User Content
In Short: Your work stays yours. You give us the permissions we need to run the Services, and you are responsible for what you post.
As between you and HUMN, you retain ownership of your User Content and intellectual-property rights.
HUMN does not acquire ownership of your portfolio; work product; creative works; inventions; professional history; personal data; uploaded documents; or other original User Content merely because you use the Services.
You grant HUMN a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, display, transmit and process User Content only as reasonably necessary to operate the Services; provide functions you request; display content according to your settings; maintain security and backups; support verification and portability; comply with law; and improve the Services using aggregated or de-identified information.
This license ends when the content is deleted from active HUMN systems, except to the extent that retention is required by law; the content remains in reasonable backup cycles; another user possesses a lawful copy; the content forms part of a completed transaction; or retention is necessary for fraud prevention or dispute resolution.
HUMN will not sell or license your private creative work as its own product without separate permission.
a. Responsibility for User Content
You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to us through the Services or to other users (collectively referred to as “post”), including without limitation messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, mobile messages, photos and profile information (your submissions and those of other users, collectively, are “User Content”). The Company does not control, take responsibility for or assume liability for any User Content posted by you, other users or any third party, or for any loss or damage to you, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
Your content remains yours, which means that you retain any intellectual property rights that you have in your content. For example, you have intellectual property rights in the creative content you make, such as reviews you write. Or you may have the right to share someone else's creative content if they've given their permission. We need your permission if your intellectual property rights restrict our use of your content.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
YOU AGREE TO, AND HEREBY DO, RELEASE THE COMPANY AND ITS SUCCESSORS FROM ANY CLAIMS, DEMANDS, LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE, THAT EITHER DIRECTLY OR INDIRECTLY ARISES FROM YOUR INTERACTIONS WITH OR CONDUCT OF OTHER USERS OF THE SERVICES OR SITES.
b. Accuracy of Information
You will not post any inaccurate, misleading, incomplete or false information or User Content to us or to any other user. You agree that all images posted to your profile are of you and were taken within the last 2 years and agree to update your profile accordingly. You may be required to supply certain information and post a photo of yourself to use the Services.
c. No Duty to Review User Content
Although you understand and acknowledge that the Company has no duty to prescreen, review, control, monitor or edit the User Content posted by users and is not liable for User Content that is provided by others, you agree that the Company may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense. This includes the Company's right to modify, crop or “photoshop” any photos you submit to comply with the Company's policies, practices and procedures.
d. License of User Content to the Company
The Company claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you hereby grant, and you represent and warrant that you have the right to grant, to the Company, its affiliates, licensees and successors an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify, distribute, publish, list information regarding, translate, and syndicate such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium.
You represent and warrant that the User Content and the public posting and use of your User Content by the Company will not infringe or violate any third-party rights, including without limitation any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content to use such person's name, voice, or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release the Company and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use of your User Content.
e. Use of Proprietary Information of Others
You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or other proprietary information or materials, including any User Content posted by other users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Services may have copyright protection whether or not it is identified as being copyrighted.
f. Prohibited Content
You will not post, transmit or deliver to any other user, either directly or indirectly, any User Content that violates any third-party rights or any applicable law, rule or regulation or is prohibited under this Agreement or any other Company policy governing your use of the Services (“Prohibited Content”). Prohibited Content includes without limitation User Content that:
- is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to, or does, harass, or intimidate any other user or third party;
- may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
- contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
- violates someone's data privacy or data protection rights;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- involves the sending of unsolicited mail or e-mail, contact, phone calls or advertising of any products or services by directly posting within the Services; or use of any robot, spider or other program or device to retrieve or index any portion of the HUMN Site; or
- is, in the sole judgment of the Company, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes the Company or its users to harm or liability of any type.
g. Submissions
You acknowledge that you are responsible for the information and material that you submit to the Site (each a “Submission”), and that you, and not HUMN, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Subject to our compliance with our Privacy Policy, you agree that HUMN shall be free to use or disseminate a Submission on an unrestricted basis for any purpose. If you submit information to the Site, you grant HUMN a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential.
Separate and apart from the User Content you provide as part of your use of the Services, you can submit questions, comments, feedback, suggestions, success stories, ideas, plans, notes, drawings, original or creative materials or other information relating to the Company and our Services (collectively, “Submissions”). Submissions, whether posted to the Services or provided to the Company by email or otherwise, are non-confidential and shall become the sole property of the Company. You hereby assign to the Company all right, title and interest, including without limitation all intellectual property rights, in and to any and all Submissions. The Company shall be entitled to the unrestricted use and dissemination of any Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
h. Social Networking Sites
If you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a “Social Networking Site”), such as Facebook, Google or Twitter, you permit the Company to access certain information about you that is made available to the Company through or from that Social Networking Site. The information obtained by the Company varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country, interests, contacts list, friends lists or followers and other information.
By accessing or using our Services through a Social Networking Site, you are authorizing the Company to collect, store, retain and use, in accordance with our Privacy Policy, any and all of your information that the Company has obtained from the Social Networking Site, including to create a Company profile page and account for you. Depending on the Social Networking Site and your privacy settings, the Company may also post information to your Social Networking Site. Your agreement to the foregoing takes place when you “accept” or “allow” or “go to” the Company application from such site.
If there is information about your “friends” or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that the Company is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about the Company that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.
16. Privacy
In Short: Our Privacy Policy explains what we collect and why. Anything you post publicly is shared publicly.
Please refer to our Privacy Policy for information about how the Company collects, uses, stores and discloses personally identifiable information from its users. You understand and agree that if you post any content, information or material of a personal or private nature in your profile or in any public areas of the Company or post or provide to the Company any information or content which is intended to be shared with other users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing.
You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States or any other country in which we process your data or make the Services available. You also consent to receive emails from us in connection with the use or promotion of the Services.
17. Intellectual Property Rights and Limited License
In Short: You get a limited licence to use HUMN. Registering or tokenizing a work on HUMN does not by itself create legal ownership.
All User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, designs, illustrations, Company logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, information, data, other files and the arrangement thereof and User Content belonging to other users (the “Proprietary Materials”), and all intellectual property rights related thereto, are the exclusive property of the User and its licensors (including other users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of the Company.
Creator and Intellectual-Property Services
HUMN allows Members to upload and document creative works; establish timestamped provenance; identify collaborators; allocate ownership interests; generate licensing terms; administer royalty arrangements; create tokenized representations or records; and monitor authorized uses.
You represent that you own or possess sufficient rights to any material you register, tokenize, license or monetize. Tokenization by itself does not: establish legal ownership; cure an ownership dispute; replace a copyright, patent or trademark registration; transfer ownership; grant a license; or guarantee enforceability. Any transfer, license, royalty or ownership arrangement must be supported by applicable agreements and law. HUMN may suspend or annotate disputed assets and may require supporting documentation. Creator and intellectual-property services may be provided through integrated third parties and may be subject to additional terms.
Limited License
You are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access and use the Services as permitted by the features of the Services, subject to the terms and conditions of this Agreement. You agree that you will not:
- copy, modify, publish, adapt, sublicense, sell, distribute, transmit, perform, display, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Proprietary Materials or the Services or cause others to do so;
- “frame” or “mirror” any part of the Services, without our prior written authorization;
- use meta tags or code or other devices containing any reference to the Company or the Services in order to direct any person to any other website for any purpose;
- resell or make any commercial use of the Services;
- use any data mining, robots, or similar data gathering or extraction methods or otherwise collect any pictures, descriptions, data or other content from the Services;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
- use any automated methods or processes to create user accounts or access the Services; or
- use the Proprietary Materials or the Services other than for their intended purpose.
Any use of the Services or Proprietary Materials other than as expressly authorized herein, without the prior written consent of the Company, is strictly prohibited and will violate and terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The Company reserves all rights not expressly granted herein in the Services and the Proprietary Materials. This license is revocable at any time.
18. Smart Contracts
In Short: Check every detail before you authorize a Smart Contract. Once it runs on-chain, it may not be reversible.
Members may use Smart Contracts to automate or record payments; escrow-like arrangements; milestones; royalties; licensing; revenue splits; rewards; memberships; access rights; and other transactions.
Before authorizing a Smart Contract, you are responsible for reviewing the parties; asset; amount; wallet address; network; fees; milestones; percentages; permissions; cancellation rights; and dispute provisions.
Smart Contracts may contain defects or operate differently than expected. Certain blockchain transactions may be irreversible after confirmation. HUMN may provide an interface or template without becoming a party to the underlying agreement. A Smart Contract does not necessarily constitute a complete legal agreement. Members should obtain professional advice for significant transactions.
19. Blockchain and Immutable Records
In Short: Blockchains are public, permanent and outside our control. We keep sensitive data off-chain wherever we can.
Certain Services may interact with public, private or permissioned distributed ledgers.
You acknowledge that:
- blockchain networks may be controlled by third parties or decentralized participants;
- transaction records may be publicly visible;
- confirmed records may be permanent;
- network congestion, forks or outages may occur;
- fees may change;
- transactions sent to an incorrect address may be unrecoverable;
- laws governing blockchain services may change; and
- HUMN may not control or reverse blockchain activity.
HUMN will endeavor not to place sensitive personal information directly on a public blockchain unless the relevant feature and disclosure clearly call for it and authorization is obtained where required. Where feasible, HUMN may store a hash, reference or cryptographic proof on-chain while maintaining underlying content off-chain.
20. Digital Wallets
In Short: If you hold your own keys, only you can recover your wallet. HUMN cannot.
The Services may allow you to create, access or connect a digital wallet. Wallets may be controlled by you; provided or controlled by a third-party custodian; or accessed through an embedded service. The applicable interface will identify the relevant model where reasonably practical.
For a self-custodied wallet, you are responsible for private keys; recovery phrases; authorized devices; wallet addresses; and transactions you approve. HUMN generally cannot recover a self-custodied wallet or reverse its transactions.
Third-party custodial wallets are governed by the custodian's terms, restrictions and recovery process. HUMN may restrict unsupported wallets, networks, tokens or transactions.
21. Payments and Coinflow Services
In Short: Regulated third parties move the money. HUMN is not a bank and your funds are not deposits with us.
Payment, pay-in, payout, card, bank-transfer, stablecoin, conversion, settlement or wallet services may be provided by regulated third parties, including Coinflow where available.
By using payment services, you authorize HUMN and the applicable provider to process information and instructions needed to:
- verify identity and business information;
- conduct KYC and KYB procedures;
- screen sanctions and prohibited-party lists;
- prevent fraud;
- monitor transactions;
- process payments and payouts;
- handle refunds and chargebacks;
- reconcile accounts; and
- comply with legal obligations.
You may be required to accept the payment provider's own terms and privacy policy.
HUMN may delay, reject, hold, cancel or restrict a transaction where reasonably necessary because of fraud concerns; payment disputes; sanctions; incomplete verification; legal process; provider requirements; prohibited activity; insufficient funds; technical errors; or risk-management controls.
HUMN is not a bank. Banking and payment services are provided by the identified third-party institutions. Unless expressly stated otherwise, funds are not deposits held by HUMN and are not insured by HUMN.
22. Fees, Taxes and Transaction Costs
In Short: We disclose fees before you pay them. Your taxes are yours.
Fees may include membership fees; marketplace or platform fees; payment-processing fees; payout fees; blockchain network fees; foreign-exchange or conversion fees; smart-contract fees; verification fees; intellectual-property or royalty-administration fees; enterprise fees; device and shipping charges; and applicable taxes.
Fees will be disclosed before the relevant purchase or transaction where required.
You are responsible for taxes arising from your purchases, earnings, services, Digital Assets or transactions, except taxes imposed directly on HUMN's net income.
See our Return, Refund & Cancellation Policy for how refunds and cancellations are handled.
23. Copyright Policy
In Short: If you believe something on HUMN infringes your copyright, send our Copyright Agent a DMCA notice with the details below.
If you are a copyright owner or an agent thereof and believe that anything on the Sites infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material);
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's designated Copyright Agent to receive notifications of claimed infringement is:
HUMN Inc.Attn: David E. Price, Esq., Copyright Agent
#3 Bethesda Metro Center #700
Bethesda, MD 20814
david@humn.world
(202) 536-5191
(Please note: only DMCA notices will be accepted at this address; all other inquiries or requests will be discarded.)
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
24. Trademarks
In Short: The HUMN name, logos and look and feel are ours. Do not use them without written permission.
“HUMN Inc.”, the Company's logos and any other trade name or slogan contained in the Services are trademarks or service marks of the Company, its partners or its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of HUMN or others used on this Site and in the Services are the property of HUMN or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site or in the Services without the express prior written permission of HUMN or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks.
All of the Materials appearing on this Site and in the Services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of HUMN, Inc., unless otherwise specified. Except for User Content and third-party materials, HUMN owns or licenses the Services, including software; interfaces; designs; trademarks; logos; text; graphics; workflows; databases; documentation; and related intellectual property.
25. Repeat Infringer Policy
In Short: Report infringement to legal@humn.world. We terminate repeat infringers.
If you become aware of any violation of any intellectual property laws (in particular in respect of User Content) you should report this to us by writing to us at legal@humn.world, including your name and address, details of the location of the content in question and details of the unlawful nature of the activity or the content.
The Company reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
26. Digital Assets, Rewards and Utility Features
In Short: Points, badges and Digital Assets are for participation and utility. They are not equity, not deposits, and not an investment.
HUMN may make certain Digital Assets, rewards, credits, badges, points or utility features available. Unless expressly described in separate legally reviewed offering materials, such features:
- are intended for access, participation, recognition or platform utility;
- do not represent equity in HUMN;
- do not provide ownership of HUMN;
- do not create voting rights in HUMN's corporate governance;
- do not guarantee profit, yield or appreciation;
- are not bank deposits;
- may have limited transferability;
- may be modified or discontinued as permitted by law; and
- should not be acquired with an expectation of investment return.
The legal and regulatory treatment of a Digital Asset depends on its design, distribution and use. HUMN may restrict or discontinue a feature where necessary to comply with law. Digital Assets with cash-equivalent value, external transferability or redemption features may be governed by separate terms and eligibility requirements.
27. HUMN Wearables
In Short: Tap-enabled devices do a lot, but not everywhere and not with every terminal. Keep yours secure and report it if it goes missing.
HUMN Wearables may support functions such as Tap to Connect; Tap to Pay; Tap to Earn; Tap to Access; Tap to Verify; Tap to Check In; Tap to Share; Tap to Sign; and voice or AI-enabled interactions. Available functions depend on the device, Account, location, payment provider, network and enabled permissions.
You agree to protect the Wearable from unauthorized use; report loss or theft; use device security controls; avoid modifying security features; and comply with payment, access and venue rules. A Wearable is not guaranteed to work with every terminal, venue, network or third-party service.
Health, biometric or emergency features, if introduced, will be governed by additional disclosures and must not be relied on as a substitute for emergency, medical or safety services.
Hardware warranty, replacement and return terms are stated in the applicable product warranty and Return Policy.
28. Hyperlinks
In Short: You may link to us with plain text. You may not use our logos or frame our pages. We are not responsible for sites we link to.
You are granted a limited, freely revocable, non-exclusive right to create a text hyperlink to the Company website for noncommercial purposes, provided such link does not portray the Company or its Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use the Company's logo or proprietary graphics to link to any Company website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found in the Services, the content of any text or the layout/design of any page or form contained in the Services without the Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of the Company and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein.
When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services. You understand and agree that you access any such third-party sites and services at your own risk.
29. Third Party Content
In Short: Content from third parties is provided as a convenience. We do not endorse it or vouch for it.
The Company may provide third party content and may provide links to third parties (collectively the “Third Party Content”) as a service to those interested in this information. The Company does not control, endorse or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness.
You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. If you decide to leave HUMN and access the External Web Sites or to use or install any External Web Site applications, software or content, you do so at your own risk. Users use such Third Party Content contained therein at their own risk.
30. Advertisers and Other Third Parties
In Short: Dealings with advertisers and integrated providers are between you and them.
The Services may contain promotions and/or advertisements from third parties or may otherwise provide information about or links to third party products or services. Your dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible for, and does not endorse, any features, content, advertising, products, services or other materials on or available from third party sites. You agree that the Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of such dealings or as a result of the presence of such third party advertisers or third party information on the Services.
The Services may integrate with external providers, including those supporting payments; wallets; identity verification; Vannadium trust infrastructure; blockchain networks; cloud services; AI models; intellectual-property tools; messaging; analytics; event access; and financial services. HUMN does not control every third-party service and is not responsible for its independent acts, availability, security or terms. Your use of an external service may be subject to a separate contract between you and that provider. A third-party integration does not necessarily imply endorsement, agency or joint liability.
31. Payment Services
In Short: You authorize us to charge the payment method you choose, and to keep it current. Refunds follow the Refund Policy.
a. General
If you become a Member, you authorize the Company and our designated payment processors to store your payment information and other related information. You also agree to pay the applicable fees for the Paid GIG services as set forth on the Services as they become due plus all related taxes, if any.
b. Payment Method
The Company may, from time to time, offer various payment methods, including without limitation payment by credit card, debit card, by certain mobile payment providers or by using one of our “HUSD”. You authorize the Company to charge you for Paid GIG Services through any payment method(s) you select when purchasing the Paid GIG services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated payment method information provided by you or that financial institutions or payment processors may provide to us to update information related to your Payment Method(s), such as updated expiration dates or account numbers).
Certain Payment Methods, such as credit cards and debit cards, may involve agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Methods (the “Payment Method Provider”). If we do not receive payment from your Payment Method Provider, you agree to directly pay all amounts due upon demand from us. Your non-termination or continued use of the Paid GIG services reaffirms that we are authorized to charge your Payment Method.
Refund eligibility is governed by the HUMN Refund and Return Policy, transaction-specific terms and applicable law. Unless otherwise stated, completed digital services may be nonrefundable; blockchain transactions may be irreversible; transaction and network fees may be nonrefundable; chargebacks may result in suspension while investigated; a Member must not initiate a fraudulent or duplicative chargeback; and marketplace funds may be held while a documented dispute is reviewed. HUMN may recover amounts owed through available balances or lawful collection methods.
c. Current Information Required
You agree to provide current, complete and accurate information and agree to promptly update all such information as necessary for the processing of all payments that are due to the Company. You agree to promptly notify the Company if your Payment Method is canceled (for example, due to loss or theft) or if you become aware of a potential breach of security related to your Payment Method. If you fail to provide any of the foregoing information, you acknowledge that your current Payment Method may continue to be charged for Paid GIG Services and you remain responsible for all such charges.
32. Communities, Governance and Voting
In Short: Community voting is participation, not corporate governance. No vote manipulation.
HUMN may host communities and allow Members to participate in proposals, polls, voting, resource allocation or decentralized governance. Participation does not by itself create a partnership; joint venture; employment relationship; fiduciary relationship; corporate ownership; board membership; or legal authority to bind HUMN or another Member.
Community outcomes may be advisory and may remain subject to law, security, technical feasibility and HUMN's responsibilities as platform operator.
Members may not engage in vote manipulation, Sybil attacks, duplicate-account voting, bribery, coercion or automated governance interference.
33. Mobile Services
In Short: Mobile access follows these same Terms, and your carrier's data charges are yours.
You may access and use certain features of the Services using certain mobile devices (the “Mobile Services”). Your access and use of the Mobile Services is subject to the terms and conditions of this Agreement, including without limitation the terms and conditions regarding the use and submission of User Content, as well as any Additional Terms presented to you for your acceptance when you sign up to use our Mobile Services.
Please note that by accessing or using the Mobile Services, your carrier's normal rates and fees, such as standard message and data rates, still apply and you are solely responsible for the payment of those fees.
34. Downloadable Applications
In Short: Installing an app also accepts that app's licence agreement.
By using any downloadable application to enable your use of the Services, you are expressly confirming your acceptance of the terms and conditions of any End User License Agreement, or similar agreement, associated with the application provided at download or installation, or as may be updated from time to time.
35. Mobile Software
In Short: You get a personal licence to our app, not ownership. Apple and Google are not parties to this agreement.
a. Mobile Software
We may make available software to access the Services via a mobile or tablet device (“Mobile Software”). Mobile Software also includes updates, upgrades or other new features, functionality, improvements or enhancements to the Mobile Software and any on-line, read me, help files, or other related explanatory materials relating to the Mobile Software. To use the Mobile Software, you must have a device that is compatible with the Mobile Software. The Company does not warrant that the Mobile Software will be compatible with your device.
The Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for a Company account on a device owned or leased solely by you, for your personal use only. You may not:
- modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
- make any copies of the Mobile Software;
- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software;
- delete the copyright and other proprietary rights notices on the Mobile Software;
- block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Mobile Software;
- use the Mobile Software on any device that you do not own or control; or
- distribute or make the Mobile Software available over a network where it could be used by multiple devices at the same time.
You agree to use your best efforts to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. You acknowledge that the Company may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your device. You consent to such automatic upgrading on your device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and the Company or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. The Company reserves all rights not expressly granted under this Agreement. Additional terms to those contained in this Section may be contained in an End User License Agreement associated with any Mobile Software. Please see the applicable End User License Agreement for more information.
b. Mobile Software from iTunes or the App Store
The following applies to any Mobile Software you acquire or download from the iTunes Store or the App Store provided by Apple (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and the Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to the Company as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to the Company as provider of the software.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using iTunes-Sourced Software.
c. Mobile Software from Google Play Store
The following applies to any Mobile Software you acquire from the Google Play Store (“Google-Sourced Software”):
- you acknowledge that the Agreement is between you and the Company only, and not with Google, Inc. (“Google”);
- your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service;
- Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software;
- the Company, and not Google, is solely responsible for its Google-Sourced Software;
- Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and
- you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to the Company's Google-Sourced Software.
d. No Support
This Agreement does not entitle you to receive from the Company, its licensors, or Apple, any hard-copy documentation, support, telephone assistance, maintenance, or enhancements or updates to the Mobile Software.
e. Beta and Experimental Features
HUMN may make beta, pilot, preview or experimental features available. Such features may change without notice; contain errors; be unavailable; lose data; have limited support; be subject to transaction limits; or be discontinued.
36. U.S. Government End Users
The Mobile Software was developed by private financing and constitutes a “Commercial Item,” as that term is defined at 48 C.F.R. §2.101. The Mobile Software consists of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government end users acquire only those rights in the Mobile Software that are expressly provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government end users acquire only technical data and the rights in that data as expressly provided in this Agreement. Any use, reproduction, release, performance, display or disclosure of the Mobile Software by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement.
37. Export Controls
In Short: You may not export our software to embargoed countries or sanctioned parties.
The Mobile Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software and/or Documentation, you are agreeing to the foregoing and you represent and warrant that you (a) are not located in, under the control of, or a national or resident of any such country or on any such list, (b) are not listed on any U.S. Government list of prohibited or restricted parties, and (c) you agree to comply with all United States and foreign laws related to use of the Mobile Software and other Company Services.
38. Users Outside the U.S.
If you are using the Mobile Software outside the U.S.A., then the following shall apply: (a) you confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Mobile Software or any services accessed or used in connection with the Mobile Software, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.
39. Injunctive Relief
You acknowledge and agree that your breach or threatened breach of this Section shall cause the Company irreparable damage for which recovery of money damages would be inadequate and that the Company therefore may seek timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity.
40. Disclaimers
In Short: The Services are provided “as is.” We do not screen users and we do not guarantee availability or accuracy.
THE COMPANY PROVIDES THE SITES, THE PROPRIETARY MATERIALS AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL PROPRIETARY MATERIALS AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY MESSAGES.
THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS WHO ARE USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, THE COMPANY DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
THE COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE COMPANY. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR HARM OF ANY KIND RESULTING FROM ANY USER CONDUCT OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
41. Limitation of Liability
In Short: Our total liability is capped at the greater of six months of fees you paid us or $50, where the law allows such a cap.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROPRIETARY MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS OR SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE GREATER OF (1) THE AGGREGATE AMOUNT OF FEES FOR PAID GIG SERVICES PAID BY YOU DURING THE IMMEDIATELY PRECEDING SIX MONTHS OR (2) $50.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
42. Governing Law and Arbitration; Waiver; Indemnification
In Short: Nevada law governs. Disputes go to binding arbitration in the District of Columbia, individually — no class actions and no jury trial.
Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises.
a. Governing Law
This Agreement shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law, the interpretation and enforcement of, and proceedings pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16), and we expressly recognize and acknowledge the continuing applicability of our right to contract for binding arbitration and waiver of any right to participate in a class action or jury trial. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Both you and the Company retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below including any provisional relief required to prevent irreparable harm.
b. Arbitration
In the event of any controversy among the parties hereto arising out of or relating to this Agreement, which cannot be settled amicably by the parties, such controversy shall be settled by binding Arbitration. Both sides shall choose a mutually agreed upon competent jurist from a short list and informal Arbitration shall commence as expeditiously as possible. Either party may institute such arbitration proceeding by giving written notice to the other party. A hearing shall be held by the Arbitrator within the District of Columbia, and a decision of the matter submitted to the Arbitrator shall be binding and enforceable against all parties in any Court of competent jurisdiction.
The prevailing party shall be entitled to all costs and expenses with respect to such arbitration, including reasonable attorneys' fees. The decision of the Arbitrator shall be final, binding upon all parties hereto and enforceable in any Court of competent jurisdiction. Each party hereto irrevocably waives any objection to the venue of any such Arbitration action or proceeding brought and irrevocably waives any claim that any such action brought has been brought in an inconvenient forum. Each of the parties hereto waives any right to request a trial by jury in any litigation with respect to this agreement.
c. Class Action and Jury Trial Waiver
YOU AND THE COMPANY AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
d. Indemnity
You agree to defend, indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, debts, expenses or demand, including reasonable attorney's fees, due to or arising from:
- your use of or access to the Services, including any data or content transmitted or received by you, or your inability to use the Services;
- any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your account;
- your conduct in connection with the Services or our users;
- your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above;
- your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights;
- any other party's access and use of the Services with your unique username, password or other appropriate security code; or
- your violation of any applicable laws, rules or regulations.
e. Severability
If any clause within this Section is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
43. Termination
In Short: Either of us can end this. You can close your account from settings; fees already paid are generally not refunded.
Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement.
a. Termination by the Company
Notwithstanding anything to the contrary in this Agreement, the Company may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking users or Members from certain IP addresses). We also reserve the right to remove or block access to your account information, User Content or data from our Services and any other records at any time at our sole discretion.
In the event that we determine that your access to any of the Services is terminated or suspended for cause, such as due to any breach of this Agreement, flagged conduct or content, third party complaints or the implementation of our repeat infringer policy, you agree that all fees then paid to the Company by you will be nonrefundable, except as otherwise provided by law, and all outstanding or pending payments under the terms of your membership will immediately be due and payable. All decisions as to the refundability of the fees are in the Company's sole discretion.
b. Termination by You
In addition to any right to cancel your membership pursuant to this Section, below, you may deactivate or terminate your account at any time, for any or no reason, by accessing the “settings” page of your account or by contacting us as described above. Except as otherwise provided by law or under this Agreement, you will not be entitled to any refund of the fees you have paid to the Company and all outstanding or pending payments under the terms of your membership will immediately be due and payable.
c. Survival
After your account is suspended, deactivated or terminated, all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
44. Miscellaneous
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. You agree that this Agreement, together with the Privacy Policy and any Additional Terms, contains the entire agreement between you and the Company regarding the use of the Services and supersedes all prior agreements and understandings (including without limitation any prior versions of this Agreement), except to the extent that the parties have entered into a separate written agreement applicable to the Services that expressly governs over this Agreement.
If any provision, or any portion thereof, of this Agreement is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
The failure of the Company to exercise or enforce any right or provision in this Agreement shall not operate as a waiver of such right or provision. Other than any affiliate of the Company, there are no third-party beneficiaries to this Agreement and no third party who is not a party to this Agreement shall have any right to enforce any term of this Agreement.
HUMN Inc. is a corporation organized under the laws of the State of Nevada, USA.
45. Language of the Agreement
The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with the Company. If there is any contradiction between what the English language version of this Agreement says and what a translation says, then the English language version will take precedence.
46. Virtual Goods and Currency Terms of Use
In Short: Sections 46–57 are a separate set of terms covering Virtual Goods and HUSD. They apply on top of everything above.
PLEASE READ THESE VIRTUAL GOODS AND CURRENCY TERMS OF USE CAREFULLY. BY TRANSACTING OR USING OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR USE OUR VIRTUAL PRODUCTS, SERVICES OR CURRENCY.
Certain virtual products and services (“Virtual Goods”), HUSD, may be made available to you from time to time by HUMN Inc. or its subsidiaries or affiliated companies (collectively, “us”, “we” or the “Company”) through our websites, products, applications, which include mobile applications and applications available on social networking sites and other platforms, and services (collectively, the “Services”).
Your purchases and uses of Virtual Goods through our Services are governed by these Virtual Goods and Currency Terms of Use (“VGC Terms of Use”) and by the Company Terms of Use which is incorporated herein by reference. These VGC Terms of Use set out the legally binding terms for your acquisition and use of our Virtual Goods and may be modified by us from time to time by posting the revised VGC Terms of Use on the applicable Service. Such changes shall apply to any acquisitions made after such changes are posted. Therefore, you should review these VGC Terms of Use prior to each use so you will understand the terms applicable to such transaction.
47. Purchases
To purchase any of our virtual products or services, you must be a registered user of our Services and comply with these VGC Terms of Use (including the Company Terms of Use). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. We reserve the right to refuse or cancel orders or terminate accounts at any time in our sole discretion.
48. Payment
By requesting an order for our Virtual Goods through our Services, you authorize the Company, or its designated payment processors, to charge the account you specify for that amount. When you initiate a request to us or our designated payment processors, you authorize us or our designated payment processors to store payment information and other related information.
49. Taxes
You are solely and exclusively responsible for any applicable sales or use taxes, duties, or other governmental taxes or fees payable in connection with your use of this site.
50. Virtual Goods
In Short: You licence Virtual Goods, you do not own them — despite words like “buy” and “purchase.” They can change or end at any time.
In our sole discretion, we may offer you access to certain Virtual Goods through our Services. As part of these Services, and subject to the Company Terms of Use and these VGC Terms of Use, we grant you a limited, non-transferable, revocable license to use the Virtual Goods through our Services and send them to other users for use through the Services.
Regardless of the use of the terms “purchase,” “buy,” “sell,” “order” or the like on our Services or in these VGC Terms of Use, you do not own any Virtual Goods and acknowledge that the Virtual Goods are a service of the Company and that you have only a license to use the Virtual Goods in accordance with these VGC Terms of Use. All use of the Virtual Goods is for personal, non-commercial use only. We will use commercially reasonable efforts to make Virtual Goods you have acquired available for use within a reasonable period of time after acquisition. If you violate the Company Terms of Use or deactivate your Company account, our offering of Virtual Goods, and your license to any Virtual Goods, may also be cancelled, without any right to compensation for you.
The existence of a particular Virtual Good available for redemption is not a commitment by us to maintain or continue to make the particular Virtual Good available in the future. We may revise, discontinue, or modify Virtual Goods at any time without notification to you. We will have no liability of any kind if a product or service that you have ordered is unavailable. If necessary, we reserve the right to substitute items of equal or greater value when an item or service is unavailable or we may cancel your purchase.
The length of time you or your recipients may have access to Virtual Goods you purchase will be determined by us in our sole discretion. The images and other content included as part of Virtual Goods is part of our Proprietary Materials (as defined in the Company Terms of Use) and is subject to all terms and conditions regarding such Proprietary Materials as set forth in the Company Terms of Use. In addition, any message or other content that you may include with Virtual Goods must comply with all terms and conditions regarding content as set forth in the Company Terms of Use. Without limiting any of the foregoing, neither you nor any potential recipient of a Virtual Good may reproduce, distribute, transfer, modify or otherwise use Virtual Goods in any manner other than as expressly authorized by the Company.
51. Errors
While we attempt to be as accurate as possible and eliminate errors associated with our Services, we do not warrant that any product, service or description, photograph, pricing or other information is always 100% accurate, complete, reliable, current or error-free. In the event of an error, whether on our Services, in an order confirmation, in processing an order, delivering a Virtual Good or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price).
52. Disclaimers — Virtual Goods
In Short: Virtual Goods are provided “as is,” with no promised results.
ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SERVICES, INCLUDING VIRTUAL GOODS, ARE PROVIDED “AS-IS” AND THE COMPANY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED THROUGH OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
Further, HUMN does not warrant that:
- the Services will always be available or error-free;
- all Members are trustworthy or qualified;
- all Contributions are accurate;
- an AI output will be correct;
- an Opportunity will result in work or income;
- a Smart Contract will operate without error;
- a blockchain network will remain available;
- a Digital Asset will maintain value;
- a payment will be completed by a particular time;
- a Wearable will work with every terminal; or
- use of the Services will produce a specific economic result.
53. Limitation on Liability — Virtual Goods
In Short: For Virtual Goods, our liability is capped at what you paid, and in no event more than $100.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACQUISITION OR USE OF ANY VIRTUAL GOODS, OR OTHER PRODUCTS OR SERVICES, INCLUDING VIRTUAL GOODS, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S AND ITS LICENSORS' AND SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS YOU PAID FOR THE PRODUCTS OR SERVICES AND SHALL IN NO EVENT EXCEED $100.
54. Indemnity — Virtual Goods
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of your acquisition or use of any Virtual Goods, or other products or services made available through Services, any termination or suspension of your account or right to use Virtual Goods or any violation of these VGC Terms of Use, the Company Terms of Use, of any law or the rights of any third party.
HUMN shall be held harmless by your User Content; your services or products; your infringement of another person's rights; your violation of law; your misuse of the Services; a transaction between you and another Member; your tax or employment obligations; an intellectual-property claim relating to material you submitted; or your breach of these Terms.
56. Electronic Communications and Signatures
In Short: A tap or a click can be a signature. Opting out of marketing does not stop essential account and security notices.
You consent to receive agreements, disclosures, notices, transaction records and other communications electronically. Electronic acceptance, signatures, clicks, taps, confirmations and authentication actions may have the same legal effect as handwritten signatures where permitted by law. You may retain copies electronically or print them for your records.
Marketing communications are subject to your preferences and applicable law. You may still receive essential Account, transaction, policy and security notices after opting out of marketing.
57. Miscellaneous — Virtual Goods
This Terms of Use constitutes the entire agreement between you and the Company regarding the subject matter set forth herein, and supersedes all prior and contemporaneous agreements regarding the same. If any provision of these Terms of Use is held illegal, void, invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of the Company to exercise or enforce any right or provision in these Terms of Use shall not operate as a waiver of such right or provision. Other than any affiliate of the Company, there are no third-party beneficiaries to these Terms of Use and no third party who is not a party to this agreement shall have any right to enforce any term of these Terms of Use.
Questions about these Terms can be sent to contact@humn.world. Legal and intellectual-property notices go to legal@humn.world; DMCA notices go to the Copyright Agent listed in Section 23.