RealHumans Terms of Use

1. ACCEPTANCE OF TERMS

Welcome to RealHumans. These Terms of Use ("Terms") constitute a legally binding agreement between you and RealHumans Foundation, a Delaware nonprofit corporation ("RealHumans," "we," "us," or "our"), governing your access to and use of the RealHumans website, services, database and verified human registry (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. DESCRIPTION OF SERVICE

RealHumans is a registry of verified human beings. The Service allows users to:

• Create an account and profile
• Be verified as a real human being
• View profiles of other verified users in the registry
• If verified, serve as a Verifier to verify other users

The Service is provided free of charge.

3. ELIGIBILITY

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

4. ACCOUNT REGISTRATION AND PROFILE

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information, including:

Required Information:

• First and last name
• Photo
• Date of birth
• Associated location(s)
• Email address

Optional Information:

• Mobile phone number
• Social media profiles

4.2 Account Verification

All users must be verified by an existing verified RealHumans user (a "Verifier") before gaining full access to the Service. Verification confirms that you are a real human being known to the Verifier.

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

You may not:

• Share your account with others
• Allow others to access your account
• Transfer or sell your account to another person

4.4 Accuracy of Information

You agree to provide accurate, current, and complete information in your profile and to update it promptly if any information changes. Providing false or misleading information is a violation of these Terms and may result in account suspension or termination.

5. VERIFICATION AND THE VERIFIER PLEDGE

5.1 Becoming a Verifier

Once you are verified, you may verify other users. By verifying others, you become a "Verifier" and agree to uphold the Verifier Pledge.

5.2 The Verifier Pledge

As a Verifier, you pledge to:

• Never put false information about yourself, or anyone else, on the RealHumans Registry
• Only verify humans you know well
• Never verify a non-human (or a real human who you suspect wants to do harm to the RealHumans Registry)
• Never allow a human or non-human to use your RealHumans profile to verify others, or act on your behalf in any way
• Only verify a minor (less than 18) on the RealHumans Registry if you are their parent or legal guardian
• Join the RealHumans community in protecting and defending the RealHumans Registry from bad actors and those who seek to damage or destroy the registry for profit or other motives

5.3 Verifier Responsibilities

Verifiers are responsible for the accuracy and legitimacy of their verifications. Fraudulent, negligent, or bad-faith verifications may result in loss of verification privileges and account termination.

6. PROHIBITED CONDUCT

You agree not to:

6.1 Account Misconduct

• Create fake, fraudulent, or impersonated accounts
• Create multiple accounts for the same person
• Provide false or misleading information in your profile
• Use the Service if you are under 18 years of age
• Sell, transfer, or allow another person to use your account

6.2 Database Misuse

• Access or scrape the database through automated means, including bots, scrapers, or other unauthorized tools
• Use information from the database for spam, harassment, stalking, or unsolicited contact
• Attempt to circumvent, disable, or interfere with the verification system
• Download, copy, or store profile information for purposes outside of normal use of the Service

6.3 Content Violations

• Upload profile photos that are not of you, including avatars, illustrations, celebrities, or other people
• Upload photos containing nudity, sexually explicit content, violence, or offensive imagery
• Include hate speech, discriminatory content, or harassing material in your profile
• Upload photos that violate others' intellectual property rights

6.4 Security and Legal Violations

• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Introduce viruses, malware, or other harmful code
• Use the Service for any illegal purpose or in violation of any applicable laws
• Interfere with or disrupt the Service or servers

7. PROFILE CONTENT GUIDELINES

7.1 Profile Photos

Your profile photo must:

• Be a clear, recognizable photo of your face
• Be appropriate and not contain nudity, violence, or offensive content
• Be a photo of you (not someone else, a celebrity, or an avatar)

7.2 Profile Information

All profile information must be:

• Accurate and truthful
• Your own information (not impersonating another person)
• Free from discriminatory, harassing, or hate speech content

8. USER CONTENT AND DATA

8.1 License to Your Content

By submitting your profile information and photo to the Service, you grant RealHumans a worldwide, non-exclusive, royalty-free license to use, store, display, and distribute your content solely for the purpose of operating and providing the Service.

8.2 Public Nature of Profiles

You understand and agree that certain profile information will be visible to all other verified users of the Service, including your name, photo, associated locations, and social media profiles (if provided).

Private Information: Your date of birth, email address, and mobile phone number will never be shared with or displayed to other users, with one exception: during the verification process, the Verifier you specifically request to verify you will be able to see your date of birth during the verification video process only. After verification is complete, your date of birth remains private. Your date of birth is used to calculate and display your age, which you may optionally choose to show on your profile. Your email address and mobile phone number are kept private and used only for account management and communications from RealHumans.

8.3 Your Responsibilities

You are solely responsible for the content you submit. You represent and warrant that:

• You own or have the necessary rights to the content you submit
• Your content does not violate any third-party rights, including intellectual property, privacy, or publicity rights
• Your content complies with these Terms and all applicable laws

9. INTELLECTUAL PROPERTY RIGHTS

9.1 RealHumans Intellectual Property

The Service, including its design, features, functionality, text, graphics, logos, and software, is owned by RealHumans and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our express written permission.

9.2 Trademarks

"RealHumans" and the RealHumans logo are trademarks of RealHumans Foundation. You may not use these trademarks without our prior written consent.

10. PRIVACY

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time by contacting us at info@realhumans.org. Upon termination, your profile may be removed from the Registry, subject to our data retention policies.

11.2 Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Providing false or misleading information
• Fraudulent verification activities
• Prohibited conduct
• Requests from law enforcement or government agencies

11.3 Effect of Termination

Upon termination, your right to access and use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, limitation of liability, and dispute resolution.

12. DISCLAIMERS

12.1 "AS IS" Service

The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

12.2 No Guarantee of Accuracy

While we strive to maintain an accurate registry of verified humans, we do not guarantee the accuracy, completeness, or reliability of any profile information. Users are responsible for verifying the accuracy of information they rely upon.

12.3 User Verification

We do not guarantee that all users are accurately verified or that the verification process is foolproof. The verification system relies on community trust and the integrity of Verifiers.

12.4 No Liability for User Conduct

We are not responsible for the conduct of any user, whether online or offline. You are solely responsible for your interactions with other users.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by law, RealHumans, its directors, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

(a) Your use of or inability to use the Service; (b) Any unauthorized access to or use of our servers and/or any personal information stored therein; (c) Any interruption or cessation of transmission to or from the Service; (d) Any bugs, viruses, or other harmful code that may be transmitted to or through the Service; (e) Any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service; (f) User content or the defamatory, offensive, or illegal conduct of any user or third party.

In no event shall RealHumans' total liability to you for all damages, losses, and causes of action exceed one hundred dollars ($100).

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RealHumans, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

(a) Your use of the Service; (b) Your violation of these Terms; (c) Your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (d) Any content you submit to the Service; (e) Your verification of other users, if applicable.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15.2 Mediation

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute through good-faith mediation. Either party may initiate mediation by providing written notice to the other party. The parties will jointly select a mediator and share the costs of mediation equally.

15.3 Arbitration

If the dispute is not resolved through mediation within sixty (60) days of the initial mediation notice, either party may submit the dispute to binding arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Wilmington, Delaware, or another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

15.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service prior to the changes taking effect. Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of the changes.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RealHumans regarding the Service and supersede all prior agreements and understandings.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.

17.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

17.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

17.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

19. ACKNOWLEDGMENT

By creating an account and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.