Terms of Use

By accessing or using SuperHuman.Studios services, you acknowledge and agree to these Terms of Use. If you do not agree with these terms, please refrain from using our services.

Terms Of Use

This Superhuman Studios Terms of Service (“Agreement”) is entered into by and between Superhuman Studios Inc. and Superhuman Studios Pte. Ltd. (“Superhuman Studios”) and the entity or person placing an order for or accessing the Services (“Customer”). This Agreement consists of the terms and conditions set forth below and any Order Form. The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process or (b) the Effective Date of the first Order Form. This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement. Superhuman Studios may modify this Agreement from time to time as permitted in Section 13.4 (Amendment).

Capitalized terms shall have the meanings set forth in Section 1, or in the section where they are first used.

1. Definitions

1.1 “Authorized Devices” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “Content” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” means the technical materials made available by Superhuman Studios to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Superhuman Studios’ proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Superhuman Studios pursuant to this Agreement.

1.6 “Packages” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Superhuman Studios, Customer or other third parties. Packages and Components created by Superhuman Studios are supported as part of the Services. Superhuman Studios will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Superhuman Studios’ SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

2. License and Use Rights

2.1 Services. Superhuman Studios hereby grants Customer a non-exclusive, non-transferable license during the Term (as defined in Section 12) to: (a) use the Services and to download and install desktop or mobile applications as applicable on the number and type of Authorized Devices solely for Customer’s internal business purposes in accordance with the Documentation, and/or (b) use our SaaS product, hosted systems, design software, tools, and build websites under the superhumanstudios.app domain.. The Services are delivered electronically.

2.2 Provisioning the Services. Superhuman Studios will provide to Customer the necessary passwords, security protocols, policies, network links or connections (“Access Protocols”) to allow Customer and its Users to access the Services as described herein; no other access to the website or servers from which the Services are delivered is permitted. Customer will provision its Users to access and use the features and functions of the Services through the Access Protocols. Customer may select one or more Users to act as administrators and control, manage and use the Services on Customer’s behalf. Customer shall be responsible for all acts and omissions of its Users.

2.3 Registering for an account. To use the Services, Users will need to register and create an account, which requires the disclosure of certain information (including their full name, password, and email address). Superhuman Studios accounts will give Users access to the Services and functionality that Superhuman Studios may establish and maintain from time to time and in Superhuman Studios' sole discretion. Users’ usernames and passwords are tied to them as a person, and cannot be shared across teams nor can anybody except the User gain access to the account by using their details. All Users must be human. Accounts registered by “bots”, generic team accounts for sharing or other automated methods are not permitted.

2.4 Software Restrictions. Customer will not, and will not authorize any User to:

a) reverse look-up or trace any information of any other user or visitor or otherwise use the Services for the purpose of obtaining information of any other user or visitor;

b) transmit spam, chain letters, or other unsolicited email;

c) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

d) impersonate any person or entity, including but not limited to a Superhuman Studios employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;

f) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

g) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

By accepting these terms, the Customer agrees that any violation of the aforementioned restrictions may result in the immediate termination of the Customer's account, and may subject the Customer to civil and/or criminal liabilities.

3. User Responsibilities

3.1 Account Security. Each User is solely responsible for maintaining the confidentiality of their account, username, and password and for all activities and actions that occur in connection with the account.

3.2 User Content. Users are responsible for all Content posted and activity that occurs under their account. User Content includes any and all information or content that a User submits to, or uses with, the Services (e.g., content in the User’s profile or postings). Users are responsible for creating backup copies of any Content they post to the Services at their sole cost and expense.

3.3 Compliance. Users must use the Services in compliance with, and only as permitted by, applicable law, your corporate rules and policies and the rights of others. Users are responsible for their conduct, content, and communications with others while using the Services.

3.4 Non-Commercial Use. The Services are for use by businesses and organizations and are not intended for personal or household use.

4. Ownership and Confidentiality

4.1 Superhuman Studios Ownership. Superhuman Studios retains ownership of all Intellectual Property Rights of any kind related to the Services, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. This Agreement does not transfer from Superhuman Studios to User any Superhuman Studios or third party Intellectual Property Rights, and all right, title, and interest in and to such property will remain (as between the parties) solely with Superhuman Studios.

4.2 User Ownership. All Content uploaded, posted, or stored through your use of the Services is your sole responsibility and you acknowledge that Superhuman Studios will not be liable for any loss of such Content. By providing the Content to Superhuman Studios, you grant Superhuman Studios a non-exclusive, worldwide, royalty-free, as needed, sub licensable and transferable right and license to use, reproduce, publicly display, distribute, modify, publicly perform, and prepare derivative works of the Content as needed to provide and promote the Services and Superhuman Studios' business.

4.3 Confidentiality. Each party agrees to treat all Confidential Information received from the other party as it would its own confidential information and to use such Confidential Information only as permitted under this Agreement.

5. Term & Termination

5.1 Term. This Agreement is effective upon User’s acceptance as provided above and continues until all User accounts and licenses granted in accordance with this Agreement have been terminated.

5.2 Termination for Cause. Either party may terminate this Agreement: (a) if the other party breaches any material term or condition of this Agreement and fails to cure such breach within 30 days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five days after receipt of written notice from Superhuman Studios; or (b) if the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors.

5.3 Effects of Termination. Upon termination of this Agreement, User will cease all use of the Services and delete, destroy, or return all copies of the Documentation in User's possession or control. Termination of this Agreement will not limit either party from pursuing other remedies available to it, including injunctive relief, nor will such termination relieve User's obligation to pay all fees that have accrued or are otherwise owed by User under this Agreement.

6. Disclaimers and Limitations of Liability

6.1 Disclaimers. The Services are provided “as is” and “as available” without warranty of any kind. Superhuman Studios and its suppliers expressly disclaim all warranties, whether express, implied or statutory, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights and any warranties arising by course of dealing or custom of trade. Superhuman Studios and its suppliers make no warranty about the accuracy, reliability, completeness, timeliness, sufficiency or quality of the Services, nor that any particular results may be obtained or are guaranteed from use of the Services, nor that the Services will be provided in an uninterrupted, secure or error-free manner, nor that any errors or defects in the Services will be corrected.

6.2 Limitation of Liability. In no event will Superhuman Studios or its suppliers be liable for any lost profits, cost of procurement of substitute goods or services, lost opportunities, lost data, interruptions of business, or for any indirect, special, incidental, punitive, consequential or similar damages of any kind arising out of or in connection with this Agreement or the use or inability to use the Services, or for any claim by any other party, even if Superhuman Studios has been previously advised of the possibility of such damages. Superhuman Studios' liability for damages of any kind whatsoever arising out of this Agreement will be limited to the fees that have been paid by User under this Agreement for the Services during the twelve (12) months immediately preceding the claim.

7. Indemnification

7.1 Superhuman Studios will defend, indemnify and hold harmless User, its affiliates, officers, directors, employees and agents from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against User and its affiliates that Superhuman Studios' technology used to provide the Services to the User infringes a copyright, patent, or a trade secret of that third party.

7.2 User will defend, indemnify and hold harmless Superhuman Studios, its affiliates, officers, directors, employees and agents from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against Superhuman Studios and its affiliates regarding: (a) User Data; (b) User's use of the Services in violation of this Agreement; or (c) User’s non-compliance with or breach of any part of this Agreement.

8. Data Protection

8.1 In providing the Services, Superhuman Studios will comply with its Privacy Policy. Superhuman Studios may update its Privacy Policy from time to time in its sole discretion, and will provide notice of any material updates. The changes will become effective, and will be deemed accepted by User, after the initial posting and will apply on a going-forward basis with respect to payment transactions initiated after the posting date.

8.2 As part of providing the Services, Superhuman Studios may transfer, store and process Customer Data in the U.S. or in any other country in which Superhuman Studios or its agents maintain facilities. By using the Services, User consents to this transfer, processing and storage of Customer Data.

9. Miscellaneous

9.1 Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior discussions between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. Any subsequent change or changes in User's duties or salary will not affect the validity or scope of this Agreement.

9.2 Independent Contractors. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

9.3 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

9.4 Force Majeure. Except for payment obligations, neither Superhuman Studios nor User will be liable for inadequate performance to the extent caused by a condition that was beyond the party's reasonable control (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).