Terms & Conditions

BY ACCESSING, VIEWING, OR USING THE HUMANS WEBSITE LOCATED AT WWW.HUMANS.WORK (THE "SITE"), THE HUMANS COMMUNITY AVAILABLE THROUGH CIRCLE APP (THE "APP"), OR ANY TOOLS, SERVICES AND/OR SUBDOMAINS PROVIDED IN CONNECTION WITH THE APP OR THE SITE (COLLECTIVELY, THE APP, THE SITE AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE "SERVICE"), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE AND END USER LICENSE AGREEMENT ("TERMS OF USE"). IF YOU OBJECT TO ANYTHING IN THESE TERMS OF USE, OR OTHERWISE DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICE AND UNINSTALL THE APP IMMEDIATELY.

These Terms of Use set forth the terms and conditions of Hota Inc., dba Humans ("Humans") applicable to your use of the Service. Humans encourages you to read these Terms of Use carefully. For purposes of these Terms of Use, "Humans" means and includes Humans and its, parents, subsidiaries and affiliates, and its and their investors, officers, directors, employees, agents, representatives and assigns. "User" means each person who accesses or uses the Service, whether or not such User personally installed the App or created an account.

You understand and agree that Humans may revise, modify and/or supplement these Terms of Use (the "Revised Terms of Use") at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via email. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account (and uninstall the App). You can close your account through the Account Settings in your User Profile on the Site or by emailing team@humans.work. By continuing to use the Service following notice, or by failing to close your account or uninstall the App, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.

If you are a paying member and you close your account due to rejection of the Revised Terms of Use before your paid membership term has ended, you may seek reimbursement for the paid, pro rata balance of the remaining membership by emailing us at team@humans.work.

Terms and Conditions

1. Electronic Transactions

By using the Service, you agree to transact electronically through the Site and App, as applicable. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

2. License

Subject to the terms and conditions set forth in these Terms of Use, Humans grants you a personal, revocable, nonexclusive, nontransferable license to use the Service solely for your personal, noncommercial use except as expressly set forth herein. The Service will be in the form and format as determined by Humans in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others and may have additional licensing terms restricting their use thereto. Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein ("Humans Content"); (B) modifying or otherwise making any derivative uses of the Service or any Humans Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or the Humans Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the Humans Content other than as specifically authorized herein, without the prior, written permission of Humans, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. You understand and agree that Humans may report any behavior it observes and, in its reasonable belief, views as a violation of applicable laws, to the relevant authorities. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.‍

3. Participants

The Services may involve interacting with other Participants. You assume all risks when using the Services, including but not limited to all risks associated with any online or offline interactions with other Participants.  There is no substitute for exercising caution when communicating or interacting with any Participant, particularly when meeting other Participants in person.  You acknowledge that Humans does not routinely screen its Participants, verify information provided by its Participants, or conduct criminal background checks on its Participants (although Humans reserves the rights to do so). In addition, you are solely responsible for protecting your intellectual property rights, including ensuring that you have sufficient confidentiality agreements in place with another Participant before disclosing any confidential information. You agree to take all necessary precautions when communicating or interacting with any other Participants, either online or in-person.‍

4. The Service Offers a Venue

The Service merely offers tools, resources and a venue to connect with other Humans community members. You understand and agree that Humans: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks.

5. Eligibility

You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service; and (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use. If Humans becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension. You understand and agree that Humans does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that Humans is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or otherwise interacting with other Users.‍

6. No Professional Advice; Information Only

Any information, materials, content and/or advice provided through the Service, whether by Humans, Users or third parties, including without limitation the Humans Facebook page(s), the Humans Twitter account, and the Humans LinkedIn account, are for informational purposes only.If you have specific concerns or a situation arises requiring professional advice, you should consult with an appropriately trained and qualified professional.‍

7. Use of the Service

You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Humans, in its sole and exclusive discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Humans reserves the right to suspend or terminate your account with or without notice at any time in its sole and exclusive discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension. You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;

- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;

- Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation;

- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;

- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;

- Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;

- Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;

- Harvest or otherwise collect information about Users without their consent;

- Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;

- Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Humans;

- Impersonate another person or allow any other person or entity to use your user name, password or membership;

- Post the same content repeatedly or spam - spamming is strictly prohibited;

- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;

- Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);

- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or

- Restrict or inhibit any other User from using and enjoying the Service.

- You understand and agree that Humans may terminate your use of the Service and any license rights you may have in the event that Humans reasonably believes you have engaged in any of the foregoing behaviors.

8. Communications Decency Act

Humans reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Humans in its sole discretion. You may report any alleged improprieties by any User to Humans by email at team@humans.com. However, enforcement of these Terms of Use is solely at Humans' discretion, and failure to enforce in some instances does not constitute a waiver of Humans' right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

9. Account Security

You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify Humans of any unauthorized use of accounts or any other breach of security.

10. Third-Party Services and Content

The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, "Third-Party Services and Content"), which access is provided solely for convenience. You understand and agree that such Third-Party Services and Content are not provided by Humans, and Humans does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content.

11. User Content

"User Content" is defined as any information, content, messages, video, photos, and/or materials a User posts on or through the Service, submits to Humans and/or submits to any other User on or through the Service or by any other medium or method. Humans acts as a passive conduit for User Content, and Users, not Humans, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that Humans does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to Humans an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sublicensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works. You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party’s rights, including without limitation copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation; (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for Humans or cause Humans to lose (in whole or in part) the services of the Humans ISPs or other partners or suppliers. Humans may, but is not obligated to, review or delete any User Content that, in Humans' sole and exclusive discretion, violates these Terms of Use. Although Humans has no obligation to screen, edit or monitor User Content, Humans reserves the right, and has the sole and exclusive discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely and exclusively at Humans' discretion, and failure to enforce such rules in some instances does not constitute a waiver of Humans' right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

12. Fees

Pricing for our Services can be found on our website, https://www.humans.work, or will be presented to you at the time of sign up. Prices for Services are subject to change at any time without notice.

13. Payment and Billing Information

To the extent the Services or any portion thereof is made available for any fee, you will be required to select a payment method and provide Humans or its third party payment processor with information regarding such payment method, such as your credit card ("Payment Method"). If you provide information regarding your Payment Method, you authorize us and our third party payment processors to store your Payment Method and other related information, to automatically charge your Payment Method for all amounts due under this Agreement. You represent and warrant to Humans that such information is accurate and that you are authorized to use the Payment Method.  You will promptly update your payment information with any changes needed to make such information accurate (for example, a change in your billing address or credit card expiration date, or a new Payment Method due to cancellation or compromise of the previous Payment Method used). You agree to pay Humans the applicable fees for the Service you select (as well as any applicable taxes), and in the event that Humans is unable to charge any amounts due to your Payment Method on file, then you agree to promptly provide a replacement Payment Method or directly pay Humans for all amounts due upon demand from Humans. You shall be responsible for all taxes associated with the Services other than U.S. taxes owed by Humans based on Humans's net income.

14. Recurring Payments

You acknowledge that the Services may require you to enroll in a recurring payment feature before you can participate in the Services.  YOU UNDERSTAND AND AGREE TO SUCH RECURRING PAYMENTS AND THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) TO YOUR  PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE (EXCEPT AS REQUIRED BY LAW), UNTIL YOU PROVIDE PRIOR WRITTEN NOTICE, AS SET FORTH BELOW, THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.  SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT.  TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL YOUR PROGRAM DIRECTOR.  We may submit those charges for payment and you will be responsible for such charges.

15. Failure to Pay

If you are not current on your payments for Humans's Services, Humans may, in addition to other remedies, restrict your access to our Services until your account becomes current and paid in full.  Humans reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Humans, and/or retaining collection agencies or legal counsel. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.

16. Custom Payment Plans

Humans reserves the right to offer custom plans and pricing in addition to what is listed on our website.  Custom plans may include billing, payment, and/or renewal terms that are different from our standard terms and will apply where we specifically indicate that such terms will replace any of the terms herein.

17. Equity

Unless it's explicitly agreed to by the relevant Participant and Humans, and stated in writing through a formal document, Humans: (a) does not hold equity in any company that is associated with a Participant or may be formed as a result of a Humans Program; and, (b) is not responsible or liable for the actions or inactions of any Participant or any company associated with a Participant or formed as a result of a Participant's use of the Services. To be clear, mere Participation in a Humans Program without such written agreement does not entitle Humans to any ownership or equity in companies that Participants form as a result of the Humans Program.

18. Refunds; General

Humans does not issue refunds or credits except as explicitly stated in these Terms and Conditions or as may be agreed to by Humans in its sole discretion. Except as otherwise set forth in these Terms and Conditions, Participants on payment plans or who pay one-time fees are entitled to a full no-questions-asked refund when the refund request is made in writing: (a) less than thirty (30) days after the initial payment was made; and also, (b) more than one (1) week prior to the start of the relevant Humans Program.

19. Refunds; Exclusions

Humans reserves the right to refuse refunds to Participants who abuse our refund policy. Examples of abuse include, but are not limited to, requesting refunds for multiple Humans Programs or requesting refunds in consecutive months. Humans has no obligation to provide refunds to users that violate our Terms and Conditions, Code of Conduct, or other Humans policies, even when refund requests are made within the designated refund period.

20. Credits

At any time, and for any reason, we may provide a discount or other consideration ("Credits") to some or all of our Participants.  The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.

21. Account Suspension and Termination

Humans may suspend and/or terminate your account for any reason or no reason at all, with or without notice, at Humans' exclusive discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. You agree to cease any further use of the Service or the Humans Content during suspension or following termination. Humans reserves the right, but does not assume any duty, to initiate appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or the Humans Content during suspension or after termination, and you agree that Humans may recover its reasonable attorneys' fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

22. Intellectual Property Rights of Service

Unless specifically provided for in these Terms of Use, no rights to the Service are granted to you by implication, estoppel, or other legal theories. All rights not expressly granted herein to the Service are preserved and retained by Humans. The Service, including the Humans Content, and all data, tools, code, and content within, inclusive of all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively "Proprietary Material"), is owned by Humans or its licensors or users and is safeguarded by U.S. and international copyright law. This Proprietary Material is defended in all forms, media, and technologies currently known or developed hereafter. Humans also possess the coordination, selection, arrangement, and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You are not permitted to copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Humans' prior express written consent. Moreover, you are not allowed to distribute or reproduce any User Content that you do not own or do not have permission to use. Failure to adhere to this policy may lead to copyright, trademark, or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. The Service also contains material safeguarded by domestic and international laws of copyright, patents, and other proprietary rights and laws. Any usage of such Proprietary Material, other than as permitted herein, is strictly prohibited without the prior consent of Humans and/or the relevant rights holder. The service marks, trademarks, logos, and trade names appearing on this Service are owned by Humans or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of Humans and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos, or trade names without the prior written consent of the owner.

23. Copyright Complaints and Copyright Agent

Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Humans has adopted a policy of terminating, in appropriate circumstances and at Humans' exclusive discretion, members who are deemed to be repeat infringers. Humans may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, irrespective of any repeat infringement.

Copyright Complaints: Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide Humans' designated agent (as set forth below) with the following information: (1) An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work or other intellectual property that is claimed to have been infringed, including the URL (Internet address) or other specific location within the Service where the infringing material is located (include enough information to allow Humans to locate the material); (3) Your address, telephone number, and email address; (4) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Designated Agent:Name of Agent Designated to Receive Notification of Claimed Infringement: Fedor TormosovAddress of Designated Agent to Which Notification Should Be Sent: Attn: Humans 651 N BROAD ST SUITE 201, DE, 19709

Telephone Number of Designated Agent: +1 (206) 4563059

Email Address of Designated Agent: team@humans.com

24. Notice of Availability of Filtering Software

Pursuant to the Communications Decency Act, all Users are hereby informed by Humans, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Stop Think Connect, www.stopthinkconnect.org, and Safety.com, www.safety.com, or in the following Web directories: Internet Blocking and Filtering Software or Filtered Access.

25. U.S. Export Controls

No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or 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 using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

26. No Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

27. Modifications to the Service

Humans reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that Humans shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

28. No Joint Venture

You acknowledge that you are not legally affiliated with Humans in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on Humans, except as provided herein or authorized in writing by Humans. Humans is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.

29. Limitations on Use

In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, Humans reserves the right to place certain limitations on your access to the Service at any time and for any reason or for no reason at all. You acknowledge and agree that this term supersedes any specific offer made by Humans and that these limitations may be enforced in Humans' sole and exclusive discretion. If you feel that these limitations are interfering with legitimate use of Humans in keeping with the Terms of Use, you shall refer this concern to Humans and abide by the determination of Humans.

30. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. HUMANS DOES NOT REPRESENT, WARRANT, OR ASSUME LIABILITY FOR: (A) YOUR USE OF THE SERVICE; (B) THE RELIABILITY, ACCURACY, SAFETY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE, INCLUDING HUMANS CONTENT, USER CONTENT, OR CONTENT FOUND ON HUMANS' SOCIAL MEDIA ACCOUNTS; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE ACTIONS OF THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; (E) UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE SERVICE; (F) ANY DISPUTES, DEALINGS OR INTERACTIONS BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES. HUMANS DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. HUMANS CANNOT GUARANTEE THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND WILL NOT BE LIABLE THEREFOR. HUMANS HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE HUMANS AND ITS AFFILIATES FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR HUMANS CONTENT.

31. Assumption of Risk

You assume all risks when using the Service, including all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.

32. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL HUMANS BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, 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 IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICE OR HUMANS CONTENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF HUMANS OR ITS AFFILIATES TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, HUMANS’ OR ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW

Notice

Any notice or other communication to be given hereunder shall be in writing and sent via registered or certified mail, return receipt requested, or electronic mail to team@humans.work.

33. Governing Law and Jurisdiction

These Terms of Use, and all other aspects of use of the Service, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You agree that the exclusive forum for any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use, inability to use or provision of the Service or these Terms of Use shall be any Delaware State Court or Federal Court sitting in Delaware, and you hereby submit to the exclusive jurisdiction of those courts for purposes of any such proceeding.

34. General Provisions

These Terms of Use constitute the entire agreement between User and Humans with respect to the Service. Failure by Humans to enforce any of these Terms of Use shall not be construed as a waiver of any provision or right. Any provision of these Terms of Use found to be invalid, illegal, or unenforceable shall be severed from the Terms of Use, and the remaining provisions shall be enforced to the fullest extent possible. The remaining Terms of Use shall remain in full force and effect.

‍