Terms of Service

3.1 Price

Hume AI reserves the right to determine pricing for the Service. Hume AI will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Unless you have an Order, Hume AI may change the fees for any feature of the Service, including additional fees or charges, if Hume AI gives you advance notice of changes before they apply. Hume AI, at its sole discretion, may make promotional offers with different features and different pricing to any of Hume AI’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

3.2 Authorization

You authorize Hume AI to charge all sums for the Orders that you make and any level of Service you select as described in these Terms or published by Hume AI, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Hume AI may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

3.3 Subscription Service

The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service or the “Effective Date” in an Order. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account or in the applicable Order (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Hume AI or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see the applicable Order or the billing section on the Service. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Hume AI or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at assist@hume.ai. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

3.4 Delinquent Accounts

Hume AI may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Hume AI reserves the right to delete your account and any information associated with your account without any liability to you.

4.1 Limited License

Subject to the terms and conditions of these Terms and each Order, Hume AI will make the Service available to Customer and, if Customer is a company or entity, to Customer’s users during the Subscription Period. Customer may only use the Service internally for developing and supporting its own applications.

4.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, Customer will not (and will not permit its users or anyone else to) do any of the following: (a) provide access to, distribute, sell, or sublicense the Service to a third party (other than users); (b) use the Service on behalf of, or to provide any product or service to, third parties; (c) use the Service to develop a similar or competing product or service; (d) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only with prior notice to Hume AI); (e) modify or create derivative works of the Service or copy any element of the Service; (f) remove or obscure any proprietary notices in the Service; (g) publish benchmarks or performance information about the Service; (h) interfere with the operation of the Service, circumvent any access restrictions, or conduct any security or vulnerability test of the Service; (i) transmit any viruses or other harmful materials to the Service; (j) take any action that risks harm to others or to the security, availability, or integrity of the Service; (k) access or use the Service in a manner that violates any law; or (l) use the Service with Prohibited Data. Customer acknowledges that the Service is not intended to meet any legal obligations for these uses, including HIPAA requirements, and that Hume AI is not a Business Associate as defined under HIPAA. Notwithstanding anything else in these Terms, Hume AI has no liability for Prohibited Data. “Prohibited Data” means any: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented); (c) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards; (d) other information subject to regulation or protection under applicable laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (e) social security numbers, driver’s license numbers, or other government ID numbers; or (f) any data similar to the above and protected by applicable laws.

4.3 Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Hume AI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

6.1 Third-Party Services and Linked Websites

Hume AI may provide tools through the Service that enable you to share Customer Data to or from third-party services. By using one of these tools, you hereby authorize Hume AI to transfer that information to the applicable third-party service. Third-party services are not under Hume AI’s control, and, to the fullest extent permitted by law, Hume AI is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Hume AI’s control, and Hume AI is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any Customer Data or information with such third-party services. Once sharing occurs, Hume AI will have no control over the information that has been shared.

6.2 Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

7.1 Definitions

1. (a)“AI Feature” means any feature, functionality, or component of the Service that provides any AI technology functionality to the Customer. For example, the functionality of the Service that generates a human-like voice based on a text input is an AI Feature.
2. (b)“Customer Data” means any and all information, data, materials, works, expressions, or other content that is (i) uploaded, input, or entered into the Service by or on behalf of Customer or any of its users for processing by the Service, (ii) provided, transferred, or made available to Hume AI or representatives by or on behalf of Customer or any of its users for processing by the Service, or (iii) collected, downloaded, or otherwise received by Hume AI or the Service for or on behalf of Customer or any of its users. Except for Aggregated Data, all Output, copies, reproductions, improvements, reports, modifications, adaptations, translations, and other derivative works of, based on, derived from, or otherwise using any Customer Data are Customer Data. For the avoidance of doubt, Customer Data includes all Customer Inputs and Outputs.
3. (c)“Customer Input” means information, data, materials, text, prompts, images, or other content that is (i) input, entered, posted, uploaded, submitted, transferred, transmitted, or otherwise provided or made available by or on behalf of Customer for processing by an AI Feature, or (ii) collected, downloaded, or otherwise received by an AI Feature for or on behalf of Customer.
4. (d)“Output” means information, data, materials, text, images, code, works, expressions, or other content generated or otherwise output from an AI Feature in response to Customer Input or from use of an AI Feature by or on behalf of Customer.
5. (e)“Usage Data” means any and all information reflecting the access or use of the Service by or on behalf of Customer, including any end user profile-, visit-, session-, impression-, click through-, or click stream-data, and any statistical or other analysis, information, or data based on or derived from any of the foregoing/technical information and metrics about Customer’s access to or use of the Service.

7.2 Customer Inputs

Depending on which Service Customer uses, Customer may provide Customer Inputs to Hume AI in connection with these Terms. As between Customer and Hume AI, Customer is and will remain the sole and exclusive owner of all right, title, and interest in and to all Customer Inputs, including all intellectual property rights relating thereto, subject only to the licenses granted below.

7.3 Limited License Grant to Hume AI

Customer hereby grants Hume AI a perpetual, worldwide, royalty-free, fully-paid up, non-exclusive, transferable, and sublicensable license to (a) process the Customer Data as instructed by Customer to provide the Service; and (b) to train, retrain, tune, validate, modify, update, or otherwise improve the Service, Hume AI’s other products and services and to develop new products and services. You agree to pay all monies owing to any person or entity resulting from the use of your Customer Data and from Hume AI’s exercise of the license set forth in this section.

7.4 You Must Have Rights to Customer Data; Customer Data Representations and Warranties

You must not provide any Customer Data if you are not the owner of or are not fully authorized to grant rights in all of the elements of that Customer Data. Hume AI disclaims any and all liability in connection with Customer Data. You are solely responsible for the Customer Data and the consequences of providing Customer Data. By providing Customer Data, you affirm, represent, and warrant to us that:

1. (a)you are the creator and owner of the Customer Data, or have the necessary licenses, rights, consents, and permissions to authorize Hume AI and users of the Service to use and distribute the Customer Data as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Hume AI, the Service, and these Terms; and
2. (b)the Customer Data, and the use of Customer Data as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Hume AI to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties.

7.5 Aggregated Data

Notwithstanding anything to the contrary in these Terms, Hume AI may monitor Customer’s use of the Service and collect and use Usage Data only in an aggregate and anonymized manner solely to compile statistical and performance information related to the provision and operation of the Service (“Aggregated Data”). For the avoidance of doubt, Aggregated Data shall be aggregated and anonymized and shall not identify Customer or Customer’s Confidential Information. Subject to the terms and conditions of these Terms, Customer hereby grants Hume AI a perpetual, irrevocable, royalty-free, fully-paid up, non-exclusive license to use Usage Data to compile Aggregated Data and to use Aggregated Data for its internal business purposes.

9.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

9.2 harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;

9.3 violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

9.4 access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Hume AI;

9.5 interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

9.6 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) collecting personal information about another user or third party without consent; or (c) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

9.7 perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;

9.8 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 5 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or

9.9 attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).

10.1 Definition

“Confidential Information” means information disclosed to the receiving party under these Terms that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. Hume AI’s Confidential Information includes the terms and conditions of any Order and any technical or performance information about the Service. Customer’s Confidential Information includes Customer Data.

10.2 Obligations

As the receiving party, each party will (a) hold the disclosing party’s Confidential Information in confidence and not disclose it to third parties except as permitted in these Terms; and (b) only use the disclosing party’s Confidential Information to fulfill its obligations and exercise its rights in these Terms. The receiving party may disclose the disclosing party’s Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided it remains responsible for their compliance with this Section 10 and they are bound to confidentiality obligations no less protective than this Section 10.

10.3 Exclusions

These confidentiality obligations do not apply to information that the receiving party can document: (a) is or becomes public knowledge through no fault of the receiving party; (b) it rightfully knew or possessed prior to receipt under these Terms; (c) it rightfully received from a third party without breach of confidentiality obligations; or (d) it independently developed without using the disclosing party’s Confidential Information.

10.4 Remedies

Unauthorized use or disclosure of Confidential Information may cause substantial harm for which damages alone are an insufficient remedy. Each party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of this Section 10.

10.5 Required Disclosures

Nothing in these Terms prohibits either party from making disclosures, including of Customer Data and other Confidential Information, if required by law, subpoena or court order, provided (if permitted by law) it notifies the other party in advance and cooperates in any effort to obtain confidential treatment.

12.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2 (Termination).

12.2 Termination

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Hume AI may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at assist@hume.ai.

12.3 Effect of Termination

Upon termination of these Terms:

1. (a)your license rights will terminate and you must immediately cease all use of the Service;
2. (b)you will no longer be authorized to access your account or the Service;
3. (c)you must pay Hume AI any unpaid amount that was due prior to termination; and
4. (d)all payment obligations accrued prior to termination and Section 4.3 (Feedback), Section 7 (Inputs and Outputs), Section 12.3 (Effect of Termination), Section 13 (Indemnity), Section 14 (Disclaimers; No Warranties by Hume AI), Section 15 (Limitation of Liability), Section 16 (Dispute Resolution and Arbitration), and Section 17 (Miscellaneous) will survive.

If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification. If you or Hume AI terminate these Terms for any reason other than for your breach, upon termination of these Terms, Hume AI shall refund any prepaid but unused fees, unless otherwise agreed to in an applicable Order.

12.4 Modification of the Service

Hume AI reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Hume AI will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.

14.1 THE SERVICE AND ALL MATERIALS AND OUTPUT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HUME AI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND OUTPUT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HUME AI DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR OUTPUT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HUME AI DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR HUME AI ENTITIES OR ANY MATERIALS OR OUTPUT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE HUME AI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE OR OUTPUT. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AND OUTPUT AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.

14.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS Section 14 (DISCLAIMERS; NO WARRANTIES BY HUME AI) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Hume AI does not disclaim any warranty or other right that Hume AI is prohibited from disclaiming under applicable law.

15.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE HUME AI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR OUTPUT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY HUME AI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

15.2 EXCEPT AS PROVIDED IN SECTIONS 16.5 (COMMENCING ARBITRATION) AND 16.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HUME AI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE, OUTPUT, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO HUME AI FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

15.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS Section 15 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.1 Generally

Except as described in Section 16.2 (Exceptions) and Section 16.3 (Opt-Out), you and Hume AI agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HUME AI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

16.3 Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Hume AI, Inc., Attention: Legal Department – Arbitration Opt-Out, 51 Madison Ave, New York, New York 10010 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Hume AI receives your Opt-Out Notice, this Section 16 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

16.4 Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under mutually agreed upon rules (collectively, “AAA Rules”) as modified by these Terms. The options for AAA Rules and filing forms are available online at www.adr.org (opens in a new tab), by calling the AAA at +1-800-778-7879, or by contacting Hume AI.

16.5 Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Hume AI’s address for Notice of Arbitration is: Hume AI, Inc., 51 Madison Ave, New York, New York 10010. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Hume AI may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

16.6 Arbitration Proceedings

Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. During the arbitration, the amount of any settlement offer made by you or Hume AI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

16.7 Arbitration Relief

Except as provided in Section 16.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Hume AI before an arbitrator was selected, Hume AI will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

16.8 No Class Actions

YOU AND HUME AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.9 Modifications to this Arbitration Provision

If Hume AI makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Hume AI’s address for Notice of Arbitration, in which case your account with Hume AI will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

16.10 Enforceability

If Section 16.8 (No Class Actions) or the entirety of this Section 16 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Hume AI receives an Opt-Out Notice from you, then the entirety of this Section 16 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 (Governing Law) will govern any action arising out of or related to these Terms.

17.1 General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Hume AI regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to Customer Data, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

17.2 Governing Law

These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Hume AI submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding permitted under these Terms.

17.3 Privacy Policy

Please read Hume AI’s Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

17.4 Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

17.5 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

17.6 Contact Information

The Service is offered by Hume AI, Inc., located at 51 Madison Ave, New York, New York 10010. You may contact us by sending correspondence to that address or by emailing us at assist@hume.ai.

17.7 Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

17.8 No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.