Last updated: September 23, 2024.
This Subscription 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 subscription plans (“Subscription(s)”), with fees billed on a recurring basis. You may cancel your subscription at any time as outlined below.
The Group Podcast Plan allows a designated number of Participants to:
Participants are non-transferable. If a designated Participant leaves the organization or is otherwise unable to continue, Client must purchase a new Participant slot for any replacement. Transfers or reassignments of Participant slots are not permitted.
The Client determines the release schedule of Approved Episodes.
Pricing Options:
The Classic Podcast Plan enables Client to distribute the Client Podcast to Client’s entire organization (up to 1,000 individuals) via private, unique RSS links. Client retains full control over selecting Participants and determining the release schedule for new Approved Episodes, with a maximum of four (4) new Approved Episodes per month.
Monthly Fee: USD $495.
A custom AI interviewer can be developed and trained specifically for the Client at a one-time cost of USD $995. This fee is separate from any subscription fees and includes the initial development, training, and revisions until the Client approves the final version. After approval, any additional modifications, updates, or retraining will require separate fees and agreements.
Credit Card Payments: Clients opting for credit card payments will be billed 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. Cancellation requests must be sent to hello@realhuman.io before the end of the Billing Cycle to avoid renewal.
Invoice Payments: Clients choosing to be invoiced for recurring payments agree to prepay for monthly plans in quarterly installments. Payment for each installment is due in full before the start of the three-month service period. No refunds will be issued for cancellations made during this period.
If the Client cancels either the Group Podcast Plan or the Classic Podcast Plan, no new episodes will be published, and all unpaid and outstanding account balances, including unpaid minimum commitments, will become immediately due. Upon cancellation, Real Human will cease hosting the Client Podcast(s). However, if the Client wishes to continue hosting the Client Podcast(s) without adding new Approved Episodes, Real Human will do so under the Maintenance Plan at a rate of USD $19 per Client Podcast per month.
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 five (5) 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 SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS CONTRACT AND AGREE TO IT.
