Terms of Use for Human Incorporated applications

Last revision as of August 5th, 2019

These Terms of Use (“Terms”) are an agreement between Human Incorporated and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “Human”, “we”, “us”, or “our”), with its registered office address at 25-400 Airport Way, Seattle, WA 98134 in the United States of America you (each of Human and you a “Party” and together the “Parties). To contact us, please see our contact us page on our web site (https://www.humanheadphones.com/contact-us). By using any Human service, whether through www.humaninc.com, www.humanheadphones.com, or any other of Human’s websites (each a “Website” and collectively, the “Websites”), or Human’s API, mobile application, or software loaded in any Human product including headphones (collectively, “Applications” and the Websites and Applications together the “Services”), you agree that you have read, understood, and accept all of the terms and conditions contained in these Terms as well as our Privacy Policy located at www.humaninc.com/privacy_policy.

This Websites are only intended for use from the United States of America and Human does not offer its Products or Services outside of the United States of America at this time.

THESE TERMS OF USE INCLUDE A BINDING AGREEMENT TO ARBITRATE AND A CLASS ACTION WAIVER, WHICH MAY BE FOUND IN THE SECTION TITLED “MANDATORY ARBITRATION” BELOW. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE A DISPUTE WITH HUMAN. PLEASE READ THE ARBITRATION SECTION.

  1. Charges: You are responsible for payment of any costs or expenses incurred as a result of downloading and using any Human Applications, including any operator network and roaming charges. Please check with your service provider for details.
  2. Your relationship with Human and use of any of the Services may be subject to the laws, regulations, and rules of governmental or regulatory authorities in your or our jurisdiction (“Applicable Law”). By accepting these Terms, you agree to act in compliance with and be legally bound to any and all Applicable Law.  If your use of the Services is prohibited by Applicable Law (including, without limitation, United States sanctions), you shall not use the Services.
  3. You acknowledge, consent, and agree that Human may access, preserve, and disclose your information on the Services, if required to do so by Applicable Law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by Human’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms, our website Terms of Sale, Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (3) to respond to your requests for customer service; (4) to protect the rights, property, or personal safety of Human, its agents and affiliates, its users, and the public; and/or (5) in connection with the operations of your account. This includes exchanging information with other companies and organizations to provide the Services, for fraud protection, spam/malware prevention, and similar purposes.
  4. Privacy: For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms (as may be amended from time to time).
  5. Push Notifications: Many Human Applications send push notifications to users as part of their normal operation. You can turn off push notifications in the application’s Settings.
  6. Advertising: Some Human Applications may run advertisements and promotions of Human or other third parties. For these applications you may be able to turn off ads in the Settings.
  7. Third-party applications, services or sites: The Human Application may enable you to link or connect to applications, services or sites that are not controlled by Human (collectively “Third Party Applications”). Any Third Party Applications are subject to the terms and conditions of the relevant third party provider, and Human is not responsible or liable for any matters relating to your dealings or transactions with such third parties and over any third-party content, syndicated content, applications, services, sites, advertisements, links, privacy policies and/or practices of any such third-parties that may be accessible via the Human Application. It is your responsibility to check all legal terms (including privacy policies and terms of service/use) of any Third-Party Applications prior to downloading, joining or using such Third-Party Applications.  Human may suspend, terminate, modify use or availability of or cease providing or supporting any particular Third Party Application (including those used to Human to provide Translation services) at its discretion and without the need to provide notice, following which certain functionality and services may have reduced functionality or no longer be available.
  8. Translation Service Acceptable Use Policy (AUP): Human Voice Translation Service. You agree to use the Voice Translation Service (“Translation”) for personal communication purposes with usage volume comparable to that of an average user. You acknowledge and agree that the Translation service is provided in part through the use of Third Party Applications, and that use of the Translation service is subject to the terms and conditions of third party service providers.  You additionally acknowledge and agree that any messages submitted for translation through the Translation service may be shared with any such third party service providers in order for Human to provide the Translation service.  You agree that you will not employ methods, devices or procedures to take advantage of Translation by using Translation excessively or for means not intended by Human. Excessive use is defined by Human as use that substantially exceeds the average translation volume or duration used by all other Human Translation users. The following types of uses are specifically prohibited and may not be used with Human Translation, translation of: phone calls; passive, continuous or repetitive speech monitoring; broadcasts or recorded material; copyrighted material. In addition, Human prohibits commercial use of Translation or use as a replacement of professional translator services. Human may block, terminate or limit your use of Translation or change your Translation plan if, in its sole discretion, Human determines that your use of Translation violates this prohibition or is otherwise “unreasonable” or results in abuse of the Translation service.  a) Human considers your use of Translation to be “unreasonable” and therefore subject to immediate termination if you:
      1. Re-sell, re-brand, re-supply, re-market or commercially exploit Translation, without written consent;
      2. Set up routing functionality such that multiple devices are used to extend the intended use of Translation beyond the functionality provided by Human; or
      3. Engage in any other conduct which is fraudulent or results in significant Translation service congestion, or degradation.

        b) Human considers your use of Translation “abusive” and subject to immediate termination or adjustment if you utilize:
    1. Automated activation of translation;
    1. Continuous, repetitive or extensive translation;
    2. Continuous translation session connectivity;
    3. Translation for phone calls or telemarketing (including, but not limited to, charitable or political solicitation or polling); or
    4. Any other activity that would be inconsistent with reasonable personal use that may exceed average Translation usage volume or jeopardizes the integrity of the Human Translation service.Lawful purposes only. You may use Human Translation for lawful purposes only. You may not use the Human Translation or device in any way that is illegal, improper, or inappropriate. Illegal, improper or inappropriate uses of Human Translation and/or device includes, without limitation:
  • a) Interfering with Human’s ability to provide service to you or other customers; and
  • b) Use of the service to threaten, abuse, harass, defame, deceive, defraud, interfere or invade another’s privacy or engage in any similar behavior.

Right of Termination. Human may terminate your use of Translation immediately and without advance notice if Human, in its sole discretion, believes that you have violated any of the above restrictions. If applicable, any charges due at the time of termination, including without limitation unbilled charges, immediately become due and payable. 

Monitoring. Human may monitor your use of the service for violations of this agreement. Monitoring will not violate your privacy rights as outlined in the Human Privacy Policy. Human may, without liability, remove or block access to Translation if Human suspects a violation of this agreement, or if Human finds it necessary to protect the Translation Service or the company.

No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software of the device or application in any way that facilitates a compromise of the Translation service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt the Translation service or make any use of Translation that is inconsistent with its intended purpose.

Theft of Service. You may not use Translation in any manner that avoids Human policies and procedures, including in an illegal or improper manner. You will notify Human immediately in writing if you believe your device is being used for Translation fraudulently or in an unauthorized manner. If you notify Human of one of these events, you must provide a device serial number and a detailed description of the circumstances of fraudulent or unauthorized use of Translation. If you fail to notify Human in writing in a timely manner, Human may disable Translation and levy charges on you. Until you notify Human in writing of the fraudulent or unauthorized use, you may be liable for all use of Translation up through the date the notice is received by Human

Disclaimer.

THE TRANSLATION SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE ACCURATE, CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

We make no warranty that Translation is free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on or through your use of Translation.

Revisions to this Acceptable Use Policy,
Human reserves the right to revise, amend, or modify this AUP at any time and in any manner. Any revision, amendment, or modification will be effective ten (10) days after Human publishes such revision, amendment, or modification. Your continued use of our Translation service after such revision, amendment, or modification shall constitute your acceptance of the modifications to this AUP. Therefore, it is important that you review this AUP from time to time. If you have questions about the AUP, or about your rights and responsibilities as a Human customer, please contact us at support@humanheadphones.com. IT IS YOUR RESPONSIBILITY TO CHECK THIS WEBSITE REGULARLY, AS ALL OR ANY PART OF THIS AUP MAY CHANGE WITHOUT NOTICE.

9. Reverse Engineering: You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to discover or gain access to the source code of any Human Application or component thereof. You will not copy any part of the Human Application or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Human Application to any third party.

10. Anonymous Statistics: Human reserves the right to anonymously track and report, to our third party statistical service providers, your activity in the Human Application.

10. Protecting Your Personal Information: We want to help you take all necessary steps to protect your privacy and information. Read Human’s Privacy Policy and each Human Application’s privacy notice to understand what kind of information we gather from any Human Application and the measures we take to protect your personal information.

11. IMPORTANT: WE MAY, WITHOUT ANY LIABILITY TO YOU, MODIFY THESE TERMS OF USE AT ANY TIME BY PROVIDING NOTICE TO YOU. IF YOU DO NOT ACCEPT AND ABIDE BY THESE TERMS OF USE, YOU MAY NOT USE THE HUMAN APPLICATION OR DOWNLOAD OR USE ANY RELATED SOFTWARE. YOUR USE OF THE HUMAN APPLICATION IS AT YOUR SOLE RISK. EACH HUMAN APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR, THE AVAILABILITY, TIMELINESS, SECURITY, RELIABILITY, QUALITY OF ANY HUMAN APPLICATION, ANY RELATED SOFTWARE, OR OTHER PRODUCTS, SERVICES, INFORMATION OBTAINED THROUGH THE HUMAN APPLICATION. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER INFORMATION MAINTAINED OR TRANSMITTED BY THE HUMAN APPLICATION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVICE TRANSMITTED THROUGH THE HUMAN APPLICATIONS. WE MAY, AT ANY TIME, LIMIT YOUR USE OR DISCONTINUE THE HUMAN APPLICATIONS AT OUR SOLE DISCRETION. TO THE EXTENT LEGALLY PERMITTED, IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT ACTUALLY PAID BY YOU (IF ANY) FOR THE HUMAN APPLICATIONS AND RELATED SOFTWARE.

12. Rights Reserved: You acknowledge and agree that, as between you and us, we (or our licensors) own all right, title and interest in and to Human Application and to the related software. “Human” is the trademark or registered trademark of Human Corporation. You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels contained within the Human Applications.

Feedback.

  • a) Human strives to improve its products and Services, including by addressing feedback. If you have ideas or suggestions regarding improvements or additions to Human’s products or the Services, we would like to hear them; however, any submission will be subject to these Terms of Use.
  • b) If you sends or transmits any communications or materials to Human by mail, email, telephone, or otherwise, suggesting or recommending changes to the Human’s products or Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Human has the right to use such Feedback at its sole discretion. Feedback shall be deemed to be non-confidential and non-proprietary.  You shall and hereby do assign to Human all of your right, title, and interest in and to, and Block.io is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in any Feedback you submit, for any purpose whatsoever.  To the extent that any of the rights, title, and interest in and to any Feedback cannot be assigned by you to Human, you hereby grant to Human an exclusive, royalty-free, transferable, irrevocable, worldwide, fully paid-up license (with rights to sublicense through multiple tiers of sublicensees) to fully use, practice, and exploit those non-assignable rights, title, and interest, including, but not limited to the right to make, use, sell, offer for sale, import, have made, and have sold, products or services based on the Feedback.

13. Third Party Software: To the extent the Human Applications contain third party software, any terms accompanying such software shall apply in addition to these Terms of Use, and such third parties shall benefit from these terms. See Human’s Third Party Licenses for notices and information about the third party code or other materials which are included with the Human Inc. mobile applications.

14. Termination at sole discretion of Human: We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time, with or without notice to you. Termination of your account may also include, at Human's sole discretion, the deletion of your account and you will not be able to retrieve any information related to your account except as required by applicable law.

15. Disclaimer of Warranties for the Websites.

 THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

We make no warranty that Websites are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on or through our Websites.

16. Limitation of Liability.

IN NO EVENT SHALL HUMAN, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE WEBSITES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HUMAN HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Notwithstanding anything to the contrary in these Terms, Human’s liability to you for any action relating to the Website, regardless of the form of the claim or controversy, shall not exceed twelve (12) months of fees actually received by Human from you.  Under no circumstances shall any such claim be brought against Human more than thirty (30) days after the events giving rise to such claim.

15. Choice of Law and Venue: To the extent permitted by applicable statutory consumer rights, these Terms of Use are governed by the laws governed by the laws of the State of Washington notwithstanding its conflicts of law principles. Nothing in these Terms affects your rights as a consumer to rely on any legal rights or mandatory provisions under available to you under the local law of the jurisdiction where you reside.

16. Mandatory Arbitration

PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT YOU AND HUMAN WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND HUMAN IN ANY WAY RELATED TO OR CONCERNING THESE TERMS, OR YOUR OTHER AGREEMENTS WITH HUMAN, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SALE, EULA, LIMITED WARRANTY, AND PRIVACY POLICY (COLLECTIVELY WITH THESE TERMS, THE “HUMAN TERMS”), OR ANY PRODUCTS OR ACCESSORIES, SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). You and Human agree that the Human Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this provision.

A. BINDING ARBITRATION. YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS AGREEMENT, OR TO THE SERVICES, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION (EXCEPT THAT BLOCK.IO MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO OBTAIN EQUITABLE RELIEF RELATING TO THE INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY CONTENT OR  TO COLLECT OUR FEES). CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.

B. CLASS ACTION WAIVER. YOU HEREBY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR HUMAN WILL SEEK OR BE ABLE TO HAVE ANY DISPUTE HEARD AS CLASS ACTION OR OTHER REPRESENTATIVE ACTION (e.g., A PRIVATE ATTORNEY GENERAL ACTION), OR IN ANY OTHER PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATION CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

C. JUDGE/JURY TRIAL WAIVER: ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.

D. Application. This binding arbitration provision applies to any and all claims that you have against us, our affiliates, successors, assigns, and against all of their respective employees, agents, or assigns; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.

E. Arbitration Procedure. The party filing any claim in arbitration shall file its claim before the AAA under the AAA’s then current commercial arbitration rules, which are available by calling the AAA at 1-800-778-7879 or visiting its website at www.adr.org. If you are an individual and use the product or accessory for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the product or accessory, the AAA’s supplementary procedures for consumer-related disputes will also apply. Arbitration hearings shall be held in King County, Washington before one arbitrator, unless the amount in dispute is under ten thousand dollars ($10,000.00) in which case arbitration may be conducted by telephone, online and/or be solely based on written submissions. Judgment upon any arbitration award may be entered in any court having jurisdiction.

F. Conflict with AAA rules. The Human Terms govern to the extent they conflict with the AAA’s commercial arbitration rules and supplementary procedures for consumer-related disputes.

G. Claims or disputes must be filed within one year. To the extent permitted by law, any or dispute under the terms of sale or warranty must be filed within one year. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

H. Severability. If the class action waiver in section (e) is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable that provision will be severed with the remainder of this section remaining in full force and effect.

I. The arbitration agreement in this Section 16 shall survive: (i) termination or changes in these Terms or any of the Human Terms, and the relationship between you and us concerning these Terms or any of the Human Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf.