Last updated: December 2, 2024.
This Purchase Agreement outlines the agreement between the purchasing entity (“Client” or “you”) and The Real Human Project LLC (“RealHuman” or “we”). This Agreement sets forth the terms and conditions governing your use of the services provided by Real Human.
Real Human offers a web-based software platform (the “Platform”), which is governed by the Platform’s Terms of Use, available at realhuman.io/terms (the “Terms of Use”). The Platform enables organizations to create their own private podcasts (the “Service”), which may include the following:
Real Human offers various podcasting plans.
The Group Bonding Podcast Plan allows a designated number of Participants to:
One-Time Fee: USD $140 per Participant
The Client Podcast will be available on all compatible podcast apps and includes one (1) Custom AI Interviewer, along with two (2) years of hosting. After this period, if the Client wishes to keep the Client Podcast live, a monthly hosting fee of USD $19 per Client Podcast will apply. The Client controls the release schedule for Approved Episodes.
Note: Participant slots are non-transferable. If a designated Participant leaves the organization or is otherwise unable to continue, the Client must purchase a new Participant slot for any replacement. Transfers or reassignments of Participant slots are not permitted.
The Custom Internal Podcast Plan allows the Client to distribute the Client Podcast to up to 1,000 individuals within the organization via private, unique RSS links. The Client retains full control over selecting Participants and scheduling the release of new Approved Episodes, with a maximum of four (4) new Approved Episodes per month. The Client may choose any AI interviewer from our library or opt to create a Custom AI Interviewer (see Section 3.3).
Monthly Fee: USD $495.
If the Client cancels the Custom Internal Podcast Plan, no new episodes will be published, and all unpaid balances, including any outstanding commitments, will become immediately due. Upon cancellation, Real Human will cease hosting the Client Podcast(s). If the Client wishes to keep the Client Podcast(s) active without adding new Approved Episodes, Real Human offers continued hosting at a rate of USD $19 per month per Client Podcast.
A Custom AI Interviewer can be developed and trained specifically for the Client at a one-time fee of USD $299. This fee is independent of subscription fees and includes initial development, training, and any revisions until final approval. After approval, any further modifications or retraining will incur additional fees as per separate agreements.
Recurring Credit Card Payments: Clients who select recurring credit card billing will be charged monthly in advance on a recurring basis (“Billing Cycle”). Subscriptions will automatically renew at the end of each Billing Cycle under the same terms unless canceled by either the Client or Real Human. To avoid renewal, cancellation requests must be sent to hello@realhuman.io before the end of the current Billing Cycle.
Recurring Invoice Payments: Clients opting for invoicing on recurring plans agree to prepay for the service in bi-annual installments. Payment for each installment is due before the start of each six-month service period. No refunds are issued for cancellations during this period.
Clients may request the removal of Approved Episodes from the Client Podcast by emailing hello@realhuman.io.
Participants can request the removal of Approved Episodes containing their own interview recordings by emailing hello@realhuman.io. Real Human will fulfill these requests within ten (10) business days.
All rights to the Recordings, Episodes, and Approved Episodes are retained by Real Human. However, Real Human will not share Recordings, Episodes or Approved Episodes with any third parties (other than as required by law, to vendors as necessary to provide the Platform and Real Human’s services, or to an acquirer in connection with a change of control or to all or substantially all of Real Human’s assets) without the approval of the Participant. Due to the personal nature of the Episodes, only Participants may approve Episodes in accordance with and subject to the Terms of Use and Client obtains no rights or license in or to the Recordings, Episodes or Approved Episodes.
Each party agrees not to disclose the other party’s Confidential Information (as defined below) to any third party or to use the other party’s Confidential Information other than as necessary to carry its obligations under this agreement. “Confidential Information” means information that is identified as confidential upon disclosure or that the recipient should reasonably understand to be confidential under the circumstances. The Terms of Use obligate Participants not to share Client Confidential Information and Real Human will assume that the Recordings contain no Client Confidential Information.
Real Human’s services and performance are provided “as is” and without warranty. Real Human disclaims all warranties, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose and any warranties arising from the course of conduct or usage of trade.
To the maximum extent permitted by law: (a) Real Human’s aggregate liability in relation to the subject of this agreement is limited to the amount paid by Client hereunder; and (b) Real Human shall not be liable for any incidental, special, or consequential damages, including any lost profits or savings. These limitations apply notwithstanding the failure of any remedy; they are essential to this agreement, and Real Human would not have entered into it but for them.
This agreement is governed by California law. Any dispute relating to the subject of this agreement must be brought in the courts located in Los Angeles, California. The parties irrevocably consent to the exclusive jurisdiction of such courts and waive any defenses based on venue and the convenience of the forum.
This agreement is effective as of the date set forth below and will continue until the services are completed and Real Human has been paid. Either party may terminate this agreement on written notice to the other party. Upon termination by either party, Client will pay Real Human USD $125.00 per Episode that has not yet been published to the Client Podcast. Sections 3 (with regard to amounts incurred prior to termination), 4, 5 (with regard to Confidential Information disclosed prior to expiration or termination), 6, 7, 8, and 10 will survive expiration or termination of this agreement.
This is the entire agreement of the parties with respect to the subject matter hereof. It: (a) supersedes and merges all prior and contemporaneous agreements and representations; (b) may only be amended in a writing signed by the parties; (c) may be executed electronically or in counterparts; (d) was negotiated by sophisticated parties; and (e) shall not be construed in favor of or against either party. If any provision herein is found by a court of competent jurisdiction to be unenforceable, it shall be reformed to the extent necessary to render it enforceable, or, if incapable of such reformation, shall be severed from this agreement and the remainder shall be enforced. The individuals executing this agreement below represent that they have authority to do so on behalf of the entity they represent. Headings are for convenience only.
We look forward to working with you!
BY PAYING FEES ASSOCIATED WITH YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CONTRACT AND AGREE TO IT.
