Effective date: July 20, 2025

Cyberhuman AI Terms of Use

These Terms of Use (the "Terms") are a binding contract between you and Cyberhuman AI Inc. ("Cyberhuman," "we," "us," or "our"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

These Terms incorporate by reference:

• Our Privacy Policy
• Our Copyright Dispute Policy
• Our Community Guidelines
• Any other policies or notices we post or link to from the Services

Your use of or participation in certain Services may be subject to additional policies, rules, and/or conditions ("Additional Terms"). By using or participating in such Services, you also agree to comply with those Additional Terms.

PLEASE READ THESE TERMS CAREFULLY.

They contain important information about your rights, including limitations of liability, a class action waiver, and an agreement to resolve disputes by binding arbitration instead of in court.

ARBITRATION NOTICE AND CLASS ACTION WAIVER

Except for certain types of disputes described in the Arbitration Agreement section below, you agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.

If you do not agree to these Terms, do not use or access the Services in any manner.

1. Changes to These Terms

We are constantly working to improve our Services, so these Terms may change from time to time.

We reserve the right to modify these Terms at any time. If we do, we will provide notice, such as by:

• Posting the updated Terms on https://www.cyberhuman.ai
• Sending you an email
• Providing notice via the Services

If you do not agree to the new Terms, you are free to reject them, but that means you will no longer be able to use the Services. If you use the Services in any way after the revised Terms become effective, you agree to all changes.

Except for changes made by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

2. Privacy

Cyberhuman takes your privacy seriously. For information about how we collect, use, and protect your personal information, please review our Privacy Policy

3. Children's Online Privacy Protection Act (COPPA)

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before knowingly collecting personally identifiable information from children under 13 years of age.

We do not knowingly collect or solicit personally identifiable information from children under 13. If you are under 13, do not attempt to register for or use the Services or send us any personal information.

If we learn that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at support@cyberhuman.ai.

4. Basics of Using Cyberhuman

You may be required to sign up for an account, select a password and user name ("Cyberhuman User ID"), and provide certain information or data (such as your contact details).

You agree that:

• You will provide accurate, complete, and up-to-date registration information.
• You may not select as your Cyberhuman User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person.
• You may not transfer your account to anyone else without our prior written permission.

You may be able to access certain features of the Services using your account credentials from other services (each, a "Third Party Account"), such as Google (and potentially Facebook, X/Twitter, Instagram, YouTube, etc.). By using the Services through a Third Party Account, you permit us to access certain information from such accounts as allowed by your privacy settings with those providers.

You represent and warrant that:

• You are an individual of legal age to form a binding contract, or you have obtained your parent's or guardian's consent and they agree to these Terms on your behalf.
• If you are agreeing to these Terms on behalf of an organization, you are authorized to bind that organization or entity, and references to "you" and "your" will refer to that organization or entity.

You agree that you will:

• Use the Services only for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, unless we explicitly agree otherwise.
• Use the Services only in compliance with all applicable laws, rules, and regulations.

If your use of the Services is prohibited by applicable laws, you are not authorized to use the Services. We are not responsible if you use the Services in a way that breaks the law.

You are responsible for:

• Maintaining the confidentiality of your Cyberhuman User ID, account, password, and any other credentials or access tools.
• All activity conducted under your account.

You agree not to share your Cyberhuman User ID, account, or password with anyone else.

5. Messaging

As part of the Services, you may receive communications from us, including via email or SMS/text.

By signing up for the Services and providing your wireless number, you:

• Confirm that you want Cyberhuman to send you information that may be of interest to you, which may include using automated dialing technology to text you at the number you provided.
• Represent and warrant that any person you register for the Services or for whom you provide a wireless number has consented to receive communications from Cyberhuman.

You agree to indemnify and hold Cyberhuman harmless from any claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from or related to your breach of this section.

6. Voice and Cyberhuman Agents

To use a Cyberhuman Agent, Cyberhuman and/or our service providers may collect audio of your voice to enable speech-to-text recognition, transcription, and related features.

We:

• Do not generate voiceprints from your voice designed to uniquely identify you.
• Use audio only to provide the Services to you and for related business purposes (e.g., maintaining, improving, or updating the Services).
• Protect, use, store, and destroy audio in accordance with applicable laws and appropriate technical and organizational measures.
• Disclose voice audio files only where required by applicable law (such as in response to legal process, subpoenas, or warrants).

Cyberhuman and/or our service providers may store audio of your voice until it is no longer needed to provide the Services to you, or for up to five (5) years from your last interaction, whichever comes first, unless we are legally required to retain it longer.

7. Restrictions on Use

You represent, warrant, and agree that you will not provide or contribute anything (including any Content or User Submission, defined below), or otherwise use or interact with the Services, in a manner that:

1. Infringes or violates any intellectual property rights or any other rights of anyone else (including Cyberhuman).
2. Violates any law or regulation, including export control laws and privacy laws.
3. Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, pornographic, or otherwise objectionable.
4. Jeopardizes the security of your account or anyone else's account.
5. Attempts to obtain another user's password, account, or other security information.
6. Violates the security of any computer network or attempts to crack passwords or security encryption.
7. Runs any form of auto-responder or "spam" on the Services or any processes that interfere with proper functioning (including unreasonable load on our infrastructure).
8. "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (including, without limitation, for training an AI model) without our express written permission.
9. Copies or stores any significant portion of the Content.
10. Decompiles, reverse engineers, or attempts to obtain the source code or underlying ideas or information of or relating to the Services.
11. Contains software viruses or harmful code.
12. Attempts to bypass or circumvent any measures used to prevent or restrict access to the Services.
13. Modifies, translates, or creates derivative works of any part of the Services without Cyberhuman's consent.
14. Uses Output generated by the Services to develop products that compete with Cyberhuman.
15. Copies, rents, leases, distributes, or otherwise transfers any rights granted hereunder.

Any violation of the foregoing is grounds for immediate termination or suspension of your access to the Services.

8. Rights in the Services and Content

The materials displayed, performed, or available on or through the Services, including text, graphics, data, articles, photos, images, illustrations, User Submissions, and output generated by or through Cyberhuman Agents ("Output") (collectively, "Content") are protected by copyright and/or other intellectual property laws.

You agree to:

• Abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access.
• Not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit any Content that you do not own, without the prior consent of the owner or in a way that violates anyone's rights (including Cyberhuman's).

Subject to these Terms, we grant each user a limited, worldwide, non-exclusive, non-transferable, non-sublicensable license to use Content solely for purposes of using the Services. Any use, reproduction, modification, distribution, or storage of Content for any purpose other than using the Services is prohibited without our prior written permission.

You understand that Cyberhuman owns all rights, title, and interest in and to the Services. You will not modify, publish, transmit, participate in transferring or selling, create derivative works based on, or otherwise exploit the Services, except as expressly permitted by these Terms.

9. User Submissions and Licenses

10. Copyright Disputes

We respect intellectual property rights and may delete or disable Content alleged to be infringing, and may terminate accounts of repeat infringers.

11. Responsibility for Content and Output

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated.

You access all such information and Content at your own risk. We are not liable for:

• Errors or omissions in any Content or Output
• Any damages or loss you might suffer in connection with them

Output generated by our Services based on User Submissions is produced via machine learning and:

• Is not tested, verified, endorsed, or guaranteed to be accurate, appropriate, complete, or current by us.
• Should be independently reviewed and verified by you for your use cases.

We are not responsible for monitoring or moderating Output, nor for verifying its accuracy, legality, or appropriateness.

We cannot control and have no duty to act regarding:

• How you interpret or use Content or Output
• What actions you take after exposure to Content or Output

You release us from all liability for your acquisition or non-acquisition of Content or Output through the Services.

We cannot guarantee the identity of users that you interact with and are not responsible for who gains access to or uses the Services.

12. Third-Party Websites, Services, and Dealings

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Cyberhuman.

You acknowledge that:

• Accessing third-party websites or using third-party services involves risk
• Cyberhuman is not responsible for their content, accuracy, policies, or practices

We do not control, monitor, or endorse third-party content. We encourage you to review their terms and privacy policies.

Your interactions with organizations or individuals found via the Services (including payments, delivery, and other terms) are solely between you and them. Cyberhuman is not liable for any loss or damage arising from such dealings.

If there is a dispute between users or between a user and a third party, Cyberhuman has no obligation to become involved. You release Cyberhuman and its affiliates from any claims or damages arising out of such disputes and waive applicable provisions regarding unknown claims (such as California Civil Code Section 1542 and similar laws).

13. Changes to the Services

We are always working to improve the Services, which may change over time. We may:

• Suspend or discontinue any part of the Services
• Introduce new features
• Impose limits on certain features
• Restrict access to parts or all of the Services

We may remove any Content from the Services at any time, for any reason, in our sole discretion and without notice.

14. Fees and Paid Services

The Services may be offered for free or for a fee.

If a currently free Service begins to require payment, we will notify you in advance. If you use SMS/text features, standard data and message rates may apply (your responsibility).

15. Termination

You may stop using the Services at any time by:

• Deleting your account in your Account Settings
• Contacting us at support@cyberhuman.ai

Please review our Privacy Policy and the license provisions in these Terms to understand how we treat your information after termination.

Cyberhuman may terminate or suspend your access to the Services or your account at any time, for any reason, including your breach of these Terms. Cyberhuman has the sole right to decide whether you are in violation of any of these Terms.

Account termination may result in destruction of Content associated with your account, so please be sure you have anything you need before you terminate.

If you deleted your account by mistake, contact us at support@cyberhuman.ai. We may, but are not obligated to, help recover your account or Content.

Provisions that by their nature should survive termination will survive, including but not limited to: payment obligations, indemnities, limitations of liability, ownership and intellectual property, and dispute resolution.

16. Referral Programs

From time to time Cyberhuman may offer rewards or incentives for referring others to the Services. For details, see: https://affiliate.cyberhuman.ai/signup

Unless otherwise specified:

• The referring user ("Referrer") may refer individuals or entities who are neither current customers nor already registered users ("Referees").
• Referrers will receive stated rewards or incentives for each eligible Referee who completes the required action (e.g., creating an account or making a purchase).
• Multiple referrals to the same Referee will be disregarded.

Cyberhuman may modify or terminate referral offers at any time and may revoke any offer if it determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of the offer.

Cyberhuman may revoke rewards or charge for rewards already used or issued to ineligible parties. All offers are subject to any additional terms presented with the offer.

17. Warranty Disclaimer

CYBERHUMAN AI INC., ITS LICENSORS, SUPPLIERS, PARTNERS, PARENT, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS (COLLECTIVELY, THE "CYBERHUMAN PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES OR CONTENT.

WITHOUT LIMITING THE FOREGOING, THE SERVICES AND CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.

18. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CYBERHUMAN PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR:

1. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, OR COMPUTER FAILURE)
2. ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY
3. ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF:
   • US $100
   • THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CYBERHUMAN IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM
4. ANY MATTER BEYOND OUR REASONABLE CONTROL

Some jurisdictions do not allow exclusion or limitation of certain damages, so these limitations may not apply to you.

19. Indemnity

You agree to indemnify and hold harmless the Cyberhuman Parties from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys' fees) arising from or related to:

• Your use of the Services (including actions taken by a third party using your account)
• Your violation of these Terms

If we receive such a claim, suit, or action ("Claim"), we may attempt to notify you at your contact information on file (failure to notify does not relieve your indemnity obligations).

20. Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations under them, or your Services account, without Cyberhuman's prior written consent.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent.

21. Choice of Law

These Terms are governed by, and will be construed under, the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to its conflicts of laws principles.

22. Dispute Resolution; Binding Arbitration; Waiver of Jury Trial and Class Actions

THIS SECTION CONTAINS AN ARBITRATION AGREEMENT THAT MAY AFFECT YOUR LEGAL RIGHTS.

YOU AND CYBERHUMAN AGREE TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION AND WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS, SUBJECT TO THE TERMS BELOW.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CYBERHUMAN WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR LITIGATION, EXCEPT AS OTHERWISE REQUIRED BY LAW OR AS PART OF A CLASS-WIDE SETTLEMENT.

23. Taxes

You are responsible for paying, withholding, filing, and reporting all taxes and other governmental assessments associated with your activity in connection with the Services, except to the extent Cyberhuman chooses to do so on its own behalf.