Humanmaster Creator Agreement

Welcome to Humanmaster!

The Humanmaster Platform is designed to allow content creators, owners, and licensees to monitor, control and monetize their content in a new digital world, driven by artificial intelligence. These "Humanmaster Creator Terms of Service" (which we call the "Terms") set forth the rules that govern your access to and use of the Humanmaster Platform. Although we have tried our best to remove any legalese from these Terms, there are places where they may still read like a traditional contract. There's good reason for that: these Terms form a legally binding contract between you and Humanmaster Inc. ("Humanmaster"). If you are using the Humanmaster Platform on behalf of a business or entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (with all references to "you" and "your" meaning that business or entity).

ARBITRATION NOTICE: THESE LEGAL TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AND HUMANMASTER AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED PURSUANT TO THAT ARBITRATION CLAUSE, AND YOU AND HUMANMASTER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THE CLASS-ACTION WAIVER AS EXPLAINED IN THAT ARBITRATION CLAUSE.

By using the Humanmaster Platform, you agree to these Terms. If you don't agree with these Terms, you are prohibited from using the Humanmaster Platform.

  1. The Humanmaster Platform. Humanmaster has developed a proprietary platform and related service designed to help content creators, owners, and licensees monitor, control, and monetize AI bots' access and usage of their content ("Humanmaster Platform").
  2. Humanmaster Platform Access. Subject to these Terms, Humanmaster grants you a limited, non- exclusive, non-transferable, non-sublicensable right to access and use the Humanmaster Platform, which Humanmaster may update from time to time in its discretion. You may provide access to the Humanmaster Platform to your employees, contractors, and agents who are authorized to act on your behalf, but you will be responsible for their compliance with these Terms. Humanmaster reserves the right to restrict, suspend, or terminate your access to the Humanmaster Platform if you violate these Terms.
  3. Your Content. You retain all rights in and to your content that you make available through the Humanmaster Platform ("Your Content"). By making Your Content available through the Humanmaster Platform, you grant Humanmaster a worldwide, non-exclusive, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute Your Content for the purposes of operating and providing the Humanmaster Platform to you and to our other users. You represent and warrant that: (i) you own Your Content or have the right to grant the rights and licenses in these Terms, and (ii) Your Content and its use by Humanmaster as contemplated by these Terms does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
  4. Fees and Payment. You agree to pay all fees specified in the order form or as otherwise agreed between you and Humanmaster. Unless otherwise specified, all fees are quoted in U.S. dollars and are non-refundable. Humanmaster may change its fees and payment terms at its discretion, and such changes will be effective as of the beginning of your next billing cycle. Humanmaster will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your subscription before the change becomes effective.
  5. Term and Termination. These Terms will remain in effect until terminated by you or Humanmaster. You may terminate these Terms at any time by canceling your account and ceasing all use of the Humanmaster Platform. Humanmaster may terminate these Terms at any time for any reason upon notice to you. Upon termination, you will immediately cease all use of the Humanmaster Platform. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
  6. Warranties and Disclaimers. THE HUMANMASTER PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HUMANMASTER DOES NOT WARRANT THAT THE HUMANMASTER PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HUMANMASTER PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  7. Limitation of Liability. IN NO EVENT WILL HUMANMASTER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HUMANMASTER PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
  8. Indemnification. You agree to defend, indemnify, and hold harmless Humanmaster, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Humanmaster Platform.
  9. Arbitration. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
  10. General Terms. These Terms constitute the entire agreement between you and Humanmaster regarding your use of the Humanmaster Platform. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Humanmaster's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Humanmaster may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any of your rights or obligations under these Terms without Humanmaster's prior written consent. These Terms inure to the benefit of Humanmaster's successors and assigns.

If you have any questions about these Terms, please contact us at legal@humanmaster.com.