IMPORTANT! YOU AGREE THAT BY ACCESSING THE SERVICES, YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL OF THESE LEGAL TERMS. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. BY ACCESSING THE SERVICES, YOU ARE BECOMING A PARTY TO THIS AGREEMENT, YOU DECLARE YOU HAVE THE LEGAL CAPACITY TO ENTER INTO SUCH AGREEMENT, AND YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH BELOW.
Interhuman AI provides software products and related services that help organizations build and deploy AI experiences with social understanding of human interactions. These Terms of Service govern your access to and use of our products and services that we make generally available.
1. Parties
1.1."Interhuman AI" or "we" means Interhuman AI ApS, having its principal place of business at Højbro Pl. 10, 1200, Copenhagen, Denmark, registered with the ID 44393034 in Denmark's master register of information about businesses.
1.2."User" or "you" or "Customer" means any Organization or natural person using a Product in accordance with this Agreement, where "Organization" includes any corporation, company, partnership, association, other entity or organization which controls, is controlled by, or is under common control with you. For the purposes of this definition, "control" means (i) the power, directly or indirectly, to direct or manage such an entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such an entity.
2. Definitions
2.1."Agreement" means this legally binding agreement made between you, whether personally or on behalf of an entity and Interhuman AI, concerning your access to and use of the Product provided by Interhuman AI.
2.2."API" means Interhuman's API endpoints, SDKs, sample code, documentation, keys, and related materials.
2.3."Data" means all electronic data or information submitted to us.
2.4."Feedback" means bug reports, feature requests, performance observations, usability notes, and suggestions.
2.5."MIP" means "Model Improvement Program" which allows Interhuman to use a limited subset of data submitted through the Interhuman AI API to improve, evaluate, debug, and evolve Interhuman AI's models and systems (including quality, reliability, safety, and bias mitigation).
2.6."Personal Data" means any information relating to an identified or identifiable natural person.
2.7."Product" means any generally available Interhuman AI software product and/or Service. For the avoidance of doubt, a) the Product is not produced to the specifications of the User, and b) is intended for mass distribution.
2.8."Intended Purpose" means the use of the Product described in the Documentation, namely the generation of probabilistic, non-determinative analytical signals relating to human communication and interaction, for the purpose of supporting product experiences, content generation, coaching, research, aggregate analytics and similar non-determinative applications, in each case subject to meaningful human oversight and without use as a determinative input into decisions about individuals.
2.9."Restricted Use" means any use, deployment, integration or exploitation of the Product, the API or any Output, whether alone or in combination with other systems, data or processes, and whether by the User or any of its customers, affiliates or end users:
- (a) that constitutes, contributes to, or forms any part of an AI practice prohibited under Article 5 of the EU AI Act or any equivalent, analogous or successor prohibition under any Applicable Law, including without limitation: (i) inferring emotions of a natural person in the areas of the workplace or education institutions; (ii) biometric categorisation to deduce or infer race, political opinions, trade-union membership, religious or philosophical beliefs, sex life or sexual orientation; (iii) social scoring; (iv) predictive policing based on profiling or personality traits; (v) subliminal, manipulative or deceptive techniques, or exploitation of vulnerabilities, that materially distort behaviour; (vi) untargeted scraping of facial images; and (vii) real-time or post remote biometric identification in publicly accessible spaces;
- (b) that constitutes, or is used as a component or input of, an AI system that is or is reasonably likely to be classified as "high-risk" under Article 6 and Annex I or Annex III of the EU AI Act, or under any equivalent, analogous or successor category under any Applicable Law;
- (c) in or in connection with: employment, recruitment, promotion, discipline, termination, workforce allocation or worker monitoring; education, admissions, examination or proctoring; creditworthiness, credit scoring, insurance pricing, risk assessment or underwriting; eligibility for or allocation of essential private or public services or benefits; law enforcement, criminal or administrative investigation, prosecution, sentencing or judicial or quasi-judicial decision-making; migration, asylum, visa or border control; democratic processes or electoral influence;
- (d) for deception detection, veracity or credibility assessment, lie detection, integrity or honesty screening, insider-threat detection, security clearance, or any analogous determination of truthfulness or trustworthiness;
- (e) for medical, clinical, diagnostic, therapeutic, psychiatric, psychological or mental-health assessment, screening, triage, diagnosis, treatment or monitoring, including detection or prediction of self-harm, suicidality, crisis or risk to life; or as, or as a component of, a medical device or in vitro diagnostic device;
- (f) in the operation, control or monitoring of critical infrastructure, safety components, or any application in which failure, error, delay or inaccuracy could reasonably be expected to result in death, personal injury, severe psychological harm, or severe environmental or property damage (including aviation, rail, maritime, motor vehicles, autonomous systems, nuclear, energy, water, weapons, defence, emergency or life-support systems);
- (g) as the sole, primary, automated or determinative basis for any decision or measure producing legal effects concerning, or otherwise materially affecting, a natural person, including any decision within the meaning of Article 22 GDPR;
- (h) on or in respect of minors or other vulnerable individuals, save where the User has completed a documented lawfulness and impact assessment and implemented appropriate safeguards; or
- (i) that is unlawful, infringes third-party rights, or breaches the Acceptable Use Policy.
The Product has not been designed, developed, trained, evaluated, validated, certified, conformity-assessed or documented for any Restricted Use, and Interhuman AI does not place the Product on the market or into service for any Restricted Use. No statement, demonstration, benchmark, marketing material, roadmap or communication by Interhuman AI shall be construed as approving, enabling or extending the Intended Purpose to any Restricted Use unless set out in a written agreement signed by an authorised officer of Interhuman AI.
3. Grant of Rights
3.1. Limited license. Interhuman AI grants User non-exclusive, non-transferable, revocable right to access and use the Interhuman AI Products.
3.2. Credentials. User is responsible for safeguarding API keys and credentials and will promptly notify Interhuman AI of any suspected compromise.
3.3. Rate limits and changes. The Services may be subject to reasonable rate limits, quotas, and usage restrictions designed to maintain security, performance, and fair use. Interhuman AI will make applicable limits available to the User and may update them from time to time. Where practicable, Interhuman AI will provide prior notice of material changes.
3.4. User will not, and will not permit others to:
- (i) reverse engineer, decompile, or attempt to extract source code, models, or underlying components;
- (ii) circumvent security, rate limits, access controls, or usage monitoring;
- (iii) use the API for unlawful, harmful, or rights-infringing activity; submit sensitive data unless expressly approved in writing or as inherently required for the use of Interhuman's video analysis Products;
- (iv) remove or obscure any proprietary or other notices contained in the Product;
- (v) attempt to gain unauthorized access to the Product or Hosting System;
- (vi) provide access to a third party.
- (vii) use the Services or any outputs thereof to develop, train, fine-tune, or improve any machine learning or artificial intelligence models that compete with or replicate the Services;
- (viii) use the Services or outputs to create, augment, or curate datasets for the purpose of training, benchmarking, or evaluating machine learning or artificial intelligence models, including through annotation or labeling of social or behavioral signals, unless it is expressly authorized in writing by Interhuman AI;
- (ix) access or use the Services in a manner intended to extract or replicate underlying social signal features, behavioral cue mapping or model behavior and inference approach;
- (x) use the Product or any output of the Product for a Restricted High-Impact Use;
- (xi) use the Product or its outputs as the sole or determinative basis for making decisions concerning a natural person that may materially affect that person's rights, opportunities, access to services, employment, education, health, safety, financial circumstances, or legal status;
- (xii) use the Product to infer emotions or other characteristics of individuals where such use is prohibited by applicable law, including where prohibited under the EU AI Act.
3.5. Compliance; Allocation of Regulatory Roles.
(a) User determination. The User is solely responsible for determining, and for continuously reassessing, whether its use, deployment, configuration and integration of the Product complies with all Applicable Law, including the EU AI Act, the GDPR and applicable national, sectoral and non-EU law, and for obtaining and maintaining all notices, consents, lawful bases, licences, registrations, assessments (including any DPIA and any fundamental rights impact assessment), approvals and authorisations required in connection therewith. Interhuman AI provides no legal, regulatory or compliance advice, and no statement by Interhuman AI constitutes such advice or an assurance of the lawfulness of the User's use case.
(b) Intended purpose and instructions. Interhuman AI makes the Product available solely for the Intended Purpose and in accordance with the Documentation and instructions for use made available by Interhuman AI (the "Instructions for Use"), which are incorporated into this Agreement. The User will use the Product strictly in accordance with the Instructions for Use, will ensure its personnel are trained accordingly, and will pass through all relevant limitations, warnings and oversight requirements to its own customers and end users.
(c) Provider status. The User acknowledges that, if it (i) places the Product or Outputs on the market or into service under its own name or trade mark, (ii) makes a substantial modification to the Product, or (iii) modifies the intended purpose of the Product such that the resulting AI system is or becomes a high-risk AI system, the User shall be considered the provider of that high-risk AI system for the purposes of Article 25(1) of the EU AI Act and shall assume all obligations of a provider under Chapter III, Section 2 thereof, and Interhuman AI shall not be considered the provider of that system. The User further acknowledges that it acts as deployer in respect of its own use and shall comply with Articles 4, 26, 27 and 50 of the EU AI Act, including the obligation to inform natural persons exposed to any emotion recognition or biometric categorisation system of its operation.
(d) Cooperation. Where Interhuman AI is required to cooperate or provide information under Article 25(2) of the EU AI Act or any equivalent provision, it will do so to the extent legally required, subject to protection of its trade secrets and confidential information and to reimbursement by the User of Interhuman AI's reasonable costs where the requirement arises from the User's use case.
(e) AI literacy. The User will ensure that its personnel and other persons dealing with the operation and use of the Product on its behalf have a sufficient level of AI literacy in accordance with Article 4 of the EU AI Act.
(f) No approval. Interhuman AI's provision of technical support, solution engineering, integration assistance, sample code, evaluation results, or continued provision of the Product with knowledge of the User's use case, does not constitute approval or validation of that use case, does not waive any restriction, and does not transfer any regulatory obligation to Interhuman AI.
3.6. User Representations. The User represents, warrants and covenants, on the date of acceptance and continuously throughout the Term, that:
- (a) it has determined, on the basis of its own independent legal and technical assessment, that its actual and intended use of the Product complies with all Applicable Law and does not constitute a Restricted Use;
- (b) it is not, and will not be, engaged in any Restricted Use, and has implemented technical and organisational controls reasonably designed to prevent Restricted Use by itself, its personnel, its affiliates, its customers and its end users;
- (c) it has a valid lawful basis under Applicable Law for all processing of personal data it submits to or derives from the Product, has provided all required notices and obtained all required consents, authorisations, licences and approvals (including under Articles 6, 9 and 13–14 GDPR and Article 50 of the EU AI Act), and has completed any legally required data protection impact assessment and fundamental rights impact assessment;
- (d) it maintains meaningful human oversight over, and does not treat as determinative, any Output;
- (e) all information it provides to Interhuman AI about its use case, deployment context and end users is complete and accurate; and
- (f) it will promptly notify Interhuman AI in writing of any change to its use case that could reasonably result in a Restricted Use.
3.7. Verification and Suspension.Interhuman AI may (a) request reasonable information and documentation regarding the User's use case, deployment context, oversight arrangements and compliance, which the User will provide within ten (10) business days; and (b) immediately suspend, throttle or restrict all or part of the User's access to the Product, without liability, where Interhuman AI reasonably suspects a Restricted Use, a breach of Section 3.4 or 3.6, a security incident, a legal or regulatory requirement, or a risk of harm to individuals. Interhuman AI will notify the User of any suspension and, where the cause is remediable, will restore access promptly upon satisfactory remediation. Suspension does not relieve the User of payment obligations.
3.8. Termination for Restricted Use. Any Restricted Use is a material, non-remediable breach entitling Interhuman AI to terminate this Agreement immediately.
4. Confidentiality
4.1 Obligations. The receiving party will (i) use Confidential Information only for the purpose agreed by parties, (ii) restrict access to those with a need to know and bound by confidentiality, and (iii) protect it using reasonable measures.
4.2 Exclusions. Confidential Information does not include information that is publicly available without breach, independently developed, or lawfully received from a third party.
4.3 Compelled disclosure.If legally required to disclose, the receiving party will provide notice (if permitted) and disclose only what's required.
5. Personal Data
5.1. In connection with your use of the Product, we will process Personal Data as set out in clause 5.2, for the following purposes:
- 5.1.1. To provide you with software, services, or information;
- 5.1.2. To protect us from piracy and unlawful use of our software or services;
- 5.1.3. To improve our offerings based on usage;
- 5.1.4. For our internal evidence and to protect the rights and interests of us and other users;
- 5.1.5. To promote and market our software and services;
- 5.1.6. To fulfill the legal duties stipulated by accounting, taxation, and other laws.
You may object to the processing of your Personal Data for the purposes 5.1.2 through 5.1.5 at any time. More detailed information about Personal Data processing for the above-mentioned purposes and about your rights can be found in the Privacy Notice.
- 5.1.7. To store media assets for debugging and AI model training where the User has provided explicit opt-in consent.
5.2. For the above purposes, we may collect the following Personal Data: Personal Data relating to you as a User, including first name, last name, email address, company name and size, country, other contact and identification details, data about the usage of our software and services, cookies and SSH public key, information about your subscription and payments, your IP address, your username, any hashed password you have used for your registration, video and audio recordings, and all derived analysis results, including but not limited to social signals, reasoning traces, and directives.
5.3. If we receive personal data of Users through the Product:
- a) We will only process such personal data for the purposes for which they have been provided to Interhuman AI in compliance with applicable laws, our Privacy Notice and this Agreement;
- b) You hereby instruct Interhuman AI to process such personal data as necessary to carry out the purpose for which the personal data were handed over to Interhuman AI;
- c) Interhuman AI will ensure that persons processing such personal data are bound by confidentiality obligations;
- d) Interhuman AI will implement adequate security measures as specified in Article 32 of General Data Protection Regulation 2016/679 ("GDPR");
- e) Interhuman AI will only use sub-processors for such personal data if the conditions under Article 28 section 2 and 4 of the GDPR are fulfilled;
- f) Interhuman AI will help you in implementing reasonable and adequate organizational and technological measures to help you comply with your obligations regarding data subject requests, if any;
- g) Interhuman AI will render you with reasonable assistance in achieving compliance with Articles 32 to 36 of GDPR;
- h) If requested, Interhuman AI will either delete or return all such personal data depending on your decision;
- i) Interhuman AI will provide all relevant information to you necessary to prove compliance with Article 28 of GDPR.
6. Feedback
6.1 Feedback license. If the User submits Feedback, the User grants Interhuman AI a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, commercialize, and incorporate Feedback without restriction or obligation.
6.2Interhuman AI reserves the right to use User's name and Company logo as reference in marketing materials. Interhuman AI will inform the User before sharing public material connected to the User.
6.3Feedback shall not include the User's Confidential Information, proprietary business processes, methodologies, or intellectual property.
7. Data Under MIP
7.1.Interhuman AI may offer an optional Model Improvement Program ("MIP") that allows Interhuman AI to use a limited subset of data submitted through the Interhuman AI API to improve, evaluate, debug, and evolve Interhuman's models and systems (including quality, reliability, safety, and bias mitigation).
7.2. If User participates in MIP, Interhuman may provide one or more benefits, which may change over time:
- (i) faster support/root-cause analysis due to improved observability,
- (ii) discounted pricing or usage credits,
- (iii) earlier access to improvements and experimental features.
7.3. If User participates in MIP, Interhuman may collect and use full or partial increments of relevant data to create high-quality, in-distribution datasets and improve model performance, including:
- (i) API inputs (e.g., video, audio, prompts, context),
- (ii) API outputs (e.g., structured signals, derived insights, feedback),
- (iii) evaluator labels / explicit feedback User provides,
- (iv) limited metadata and logs necessary for debugging, quality, and safety.
7.4. Participation in MIP is voluntary. User may opt out at any time.
7.5. If User opts out, Interhuman will not use the opted-out requests for future model training starting from the time the User has opted out.
7.6. Interhuman AI will provide a technical mechanism to control participation in the program, such as: (i) an account-level setting in the console/dashboard; and/or (ii) a request-level flag (e.g., mip_opt_out=true or an equivalent header/parameter).
7.7. Interhuman AI will:
- (i) not sell MIP data or use it to build marketing/advertising profiles;
- (ii) not redistribute MIP data to third parties except to vetted subprocessors/contractors strictly to operate or improve the service under confidentiality and security obligations;
- (iii) apply reasonable measures to reduce unnecessary exposure of personal data (e.g., minimization, access controls).
7.8. Unless Interhuman AI explicitly agrees in writing, User will not submit Sensitive Data through the API, with the exception of biometric data inherently present in video/audio recordings used for the purposes defined in Section 7.1., including as part of any MIP participation. If Sensitive Data is submitted in error, User will promptly notify Interhuman AI so Interhuman AI can take reasonable steps to investigate and mitigate.
8. Warranty Limitations
8.1THE PRODUCT IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES. USE OF THE PRODUCT IS AT YOUR OWN RISK.
8.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INTERHUMAN AI PARTY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCT: IS ACCURATE, RELIABLE, OR CORRECT; WILL MEET YOUR REQUIREMENTS OR SPECIFICATIONS; WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; IS FREE OF DEFECTS OR ERRORS AND THAT ANY, IF FOUND, WILL BE CORRECTED; IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY CONTENT, INCLUDING YOUR OR YOUR USERS' DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH A DOWNLOAD. 'DATA' FOR PURPOSES OF THIS PARAGRAPH REFERS TO ANY 'data' REGARDLESS OF WHETHER OR NOT SUBMITTED.
8.3. INTENDED USE AND HUMAN JUDGMENT. THE PRODUCT PROVIDES PROBABILISTIC ANALYSIS AND OUTPUTS THAT MAY BE INCOMPLETE, INACCURATE, UNCERTAIN OR CONTEXT-DEPENDENT. OUTPUTS, INCLUDING SOCIAL, BEHAVIOURAL OR COMMUNICATION-RELATED SIGNALS, ARE NOT STATEMENTS OF FACT AND SHOULD NOT BE TREATED AS DEFINITIVE ASSESSMENTS OF AN INDIVIDUAL, THEIR INTENTIONS, MENTAL STATE, PERSONALITY, CAPABILITY, SUITABILITY OR FUTURE BEHAVIOUR. THE PRODUCT IS NOT DESIGNED, TESTED, CERTIFIED OR INTENDED FOR RESTRICTED HIGH-IMPACT USES. THE USER MUST EXERCISE APPROPRIATE INDEPENDENT JUDGMENT AND HUMAN OVERSIGHT WHEN USING THE PRODUCT AND IS SOLELY RESPONSIBLE FOR DECISIONS, ACTIONS OR OMISSIONS MADE ON THE BASIS OF, OR WITH REFERENCE TO, PRODUCT OUTPUTS.
9. Disclaimer of Damages
9.1.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INTERHUMAN AI BE LIABLE TO YOU OR ANYONE ELSE FOR: (a) THE USER'S INABILITY TO USE THE PRODUCT, INCLUDING AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR THE USER'S USE OF PRODUCT; (b) INTERHUMAN AI' DISCONTINUATION OF THE PROVISION OF THE PRODUCT; (c) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PRODUCT FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES, OR OTHER INTERRUPTIONS; (d) THE COST OF PROCUREMENT OF A SUBSTITUTE PRODUCT; (e) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY USER IN CONNECTION WITH THIS AGREEMENT OR THE USER'S USE OF OR ACCESS TO THE PRODUCT; (f) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE, ANY OF THE USER'S DATA; (g) ANY LOSS OF USE, DATA, GOODWILL, OR PROFITS, WHETHER OR NOT FORESEEABLE; (h) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, LOSS (i) DAMAGES IN CONNECTION WITH TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE PRODUCT PURSUANT TO THIS AGREEMENT, (j) OR FAILURE TO STORE ANY OF YOUR OR YOUR USER'S DATA; OR (k) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE (X) RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE, (Y) BASED ON ANY THEORY OF LIABILITY, INCLUDING A BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (Z) ARISING FROM ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE PRODUCT OR SUPPORT; OR (l) USE OF THE PRODUCT IN BREACH OF SECTION 3.4, INCLUDING ANY RESTRICTED HIGH-IMPACT USE; OR (m) THE USER'S FAILURE TO PROVIDE APPROPRIATE HUMAN OVERSIGHT OR INDEPENDENT REVIEW; OR (n) THE USER'S FAILURE TO COMPLY WITH APPLICABLE LAWS OR REGULATORY REQUIREMENTS RELATING TO ITS DEPLOYMENT OR USE OF THE PRODUCT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 'DATA' FOR PURPOSES OF THIS PARAGRAPH REFERS TO ANY 'data' REGARDLESS OF WHETHER OR NOT SUBMITTED.
9.2.INTERHUMAN AI' TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR IN RELATION TO THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID IN THE PAST 3 MONTHS FOR THE PRODUCT, IF ANY, OR FIVE HUNDRED (500) EUROS, WHICHEVER IS LESS. THIS LIMITATION WILL APPLY EVEN IF INTERHUMAN AI HAVE BEEN ADVISED OF THE POSSIBILITY OF LIABILITY EXCEEDING SUCH AMOUNT AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9.3. USER INDEMNITY.THE USER WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE INTERHUMAN AI PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, INVESTIGATIONS, LOSSES, DAMAGES, LIABILITIES, FINES, PENALTIES, SETTLEMENTS, AND REASONABLE COSTS AND EXPENSES (INCLUDING LEGAL FEES AND THE COSTS OF REGULATORY RESPONSE AND REMEDIATION) ARISING OUT OF OR IN CONNECTION WITH: (A) ANY RESTRICTED USE OR ANY BREACH OF SECTION 3.4, 3.5, 3.6 OR 7.8; (B) THE USER'S USE OR DEPLOYMENT OF THE PRODUCT OR OUTPUTS, INCLUDING ANY DECISION, ACTION OR OMISSION TAKEN ON THE BASIS OF OR WITH REFERENCE TO ANY OUTPUT; (C) ANY CLAIM BY A NATURAL PERSON, EMPLOYEE, APPLICANT, CONSUMER, CUSTOMER OR END USER RELATING TO THE USER'S USE OF THE PRODUCT OR OUTPUTS, INCLUDING UNDER ARTICLES 22 OR 82 GDPR, EQUALITY OR ANTI-DISCRIMINATION LAW, OR THE EU AI ACT; (D) ANY CLAIM, INQUIRY, ORDER OR ENFORCEMENT ACTION BY ANY SUPERVISORY, MARKET SURVEILLANCE, DATA PROTECTION OR OTHER COMPETENT AUTHORITY RELATING TO THE USER'S USE OF THE PRODUCT OR OUTPUTS, OR ASSERTING THAT THE USER'S SYSTEM IS A PROHIBITED OR HIGH-RISK AI SYSTEM; (E) THE USER'S FAILURE TO PROVIDE REQUIRED NOTICES, OBTAIN REQUIRED CONSENTS OR LAWFUL BASES, OR COMPLETE REQUIRED ASSESSMENTS; (F) THE USER'S FAILURE TO EXERCISE MEANINGFUL HUMAN OVERSIGHT; (G) THE USER'S SUBMISSION OF SENSITIVE DATA OR OF ANY DATA IT WAS NOT ENTITLED TO SUBMIT; AND (H) ANY CONTENT, DATA OR OUTPUT DISTRIBUTED OR PUBLISHED BY THE USER. THE USER'S OBLIGATIONS UNDER THIS SECTION ARE NOT SUBJECT TO ANY LIMITATION OR EXCLUSION OF LIABILITY IN THIS AGREEMENT.
9.4. UNLIMITED USER LIABILITY.NOTHING IN THIS AGREEMENT LIMITS THE USER'S LIABILITY FOR: (A) ITS INDEMNITY OBLIGATIONS UNDER SECTION 9.3; (B) BREACH OF SECTIONS 3.4, 3.5, 3.6 OR 4; (C) INFRINGEMENT OR MISAPPROPRIATION OF INTERHUMAN AI'S INTELLECTUAL PROPERTY OR TRADE SECRETS; (D) AMOUNTS PAYABLE; OR (E) FRAUD, WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
9.5. MANDATORY LAW.NOTHING IN SECTIONS 8 OR 9 EXCLUDES OR LIMITS EITHER PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE OR WILFUL MISCONDUCT, LIABILITY UNDER DIRECTIVE (EU) 2024/2853 OR THE DANISH PRODUCT LIABILITY ACT, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. IF ANY EXCLUSION OR LIMITATION IN SECTIONS 8 OR 9 IS HELD UNENFORCEABLE IN WHOLE OR IN PART, IT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE REMAINING EXCLUSIONS AND LIMITATIONS SHALL CONTINUE IN FULL FORCE.
10. Term and Termination
10.1. The term of this Agreement will commence upon the acceptance of this Agreement by the User as set out in the preamble above.
10.2.You may terminate this Agreement at any time by ceasing all use of the Product, unless otherwise specified in the Product's documentation.
10.3. Interhuman AI may terminate this Agreement immediately at any time for convenience. Interhuman AI may notify you of any such termination via email.
10.4. Upon expiration or termination of this Agreement by the User under Section 10.2, Sections 4, 5, 6, 7, 8, and 9 of this Agreement will survive.
11. General
11.1. Entire Agreement. This Agreement is the entire agreement and supersedes prior discussions.
11.2. Reservation of Rights. Interhuman AI reserves the right at any time to cease the support of the Product and to alter prices, features, specifications, capabilities, functions, terms of use, release dates, general availability, or other characteristics of the Product.
11.3. Changes to this Agreement. We may update or modify this Agreement from time to time. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (for example, by contacting you at the email address you have provided to us, or via the Product itself). If we modify this Agreement, the modified version of the Agreement will be effective from the date of your receipt of the notice, unless otherwise specified. In this case, if you object to the updated Agreement terms, as your exclusive remedy, you may terminate this Agreement. You may be required to click through the updated Agreement to show your acceptance.
11.4. Severability. If a particular term of this Agreement is not enforceable, the unenforceability of that term will not affect any other terms of this Agreement.
11.5. Governing Law. This Agreement will be governed by the laws of Denmark. The User agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any competent court of the Copenhagen City Court. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
11.6.You declare that you have had sufficient opportunity to review this Agreement, understand the content of all of its clauses, negotiate its terms, and seek independent professional legal advice in that respect before entering into it. Consequently, any statutory "form contract" ("adhesion contract") regulations shall not be applicable to this Agreement.