Last updated: March 30, 2024.
This Subscription Agreement outlines the agreement between the purchasing entity (“Client” or “you”) and The Real Human Project LLC (“RealHuman” or “we”).
Through Real Human’s web-based software platform (the “Platform”), which may be used pursuant to the Platform’s Terms of Use available at realhuman.io/terms (the “Terms of Use”), Real Human makes it easy for organizations to have their own private podcast(s) (“The Service”), which may include:
Client will pay Real Human USD $495.00 per month per Client Podcast that publishes up to one (1) Approved Episode per week.
Client will pay Real Human USD $990.00 per month per Client Podcast that publishes up to two (2) Approved Episodes per week.
Client will pay Real Human USD $1,485.00 per month per Client Podcast that publishes up to three (3) Approved Episodes per week.
Client will pay Real Human USD $1,980.00 per month per Client Podcast that publishes up to four (4) Approved Episodes per week.
Client will pay Real Human USD $2,475.00 per month per Client Podcast that publishes up to five (5) Approved Episodes per week.
Fees for The Service are billed on a subscription basis (“Subscription(s)").
You may cancel your Subscription at any time. If you cancel, Real Human will continue hosting Client Podcast for a minimum of three (3) years unless you prefer the Client Podcast to come down sooner.
You will be billed in advance on a recurring and monthly basis (“Billing Cycle”). At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Real Human cancels it. You may cancel your Subscription by emailing hello@realhuman.io before the end of your Billing Cycle.
You may request removal of Approved Episodes from the Client Podcast by emailing hello@realhuman.io with the request for removal. A Participant may request removal of an Approved Episode created from the Recording of their own interview by emailing hello@realhuman.io with the request for removal. Real Human shall promptly, and within a period of five (5) business days, comply with such requests and remove the Approved Episode(s) from the Company Podcast.
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 SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CONTRACT AND AGREE TO IT.
