Terms of Service

These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile website, social media site, software, email exchange of information, and any other digital platform owned, operated, or provided by MTH Winter Park LLC d/b/a Meta Humans, including the Meta Humans website at metahumans.com, the HUBS platform at hubs.metahumans.com, the community platform at community.metahumans.com, the member portal, and any other services, features, pages, and functions contained or offered therein (collectively the “Service”).

Meta Humans offers the Service, including all information, tools, services, goods, and products available through the Service, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before you start to use our Service.

By using the Service, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, then accessing the Service is strictly prohibited, and you must immediately exit.

The Service is available to users in the United States and internationally. International users are responsible for compliance with local laws applicable to their use of the Service. Where the Service involves the processing of personal data of individuals located in the European Economic Area or other jurisdictions with applicable data protection laws, our Privacy Policy governs how that data is handled.

By using the Service, you agree that you are at least the age of majority in the jurisdiction in which you reside. Access by minors is permitted only through a parent or legal guardian who accepts these Terms on the minor’s behalf. Where the Service includes a member portal for children, access is governed by the parent or guardian’s acceptance of these Terms and the enrollment agreement with the applicable Hub Operator. Meta Humans complies with the Children’s Online Privacy Protection Act (COPPA) with respect to any collection of personal information from children under the age of 13. Please see our Privacy Policy for details.

We may revise and update these Terms from time to time in our sole and absolute discretion. All changes are effective immediately when we post them. If we make any material changes, and you have registered to use the Service, we will also send an email to you at the last email address you provided to us. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the Terms as amended, you must stop using the Service.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT META HUMANS’ LIABILITY TO YOU, REQUIRE YOU TO INDEMNIFY META HUMANS, AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions conflict with the English language version, the English language version shall control.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Service, and any content or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

You are responsible for both:

Making all arrangements necessary for you to have access to the Service.

Ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.

To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may only create and hold one account for your personal use. You agree not to provide any other person with access to the Service using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

You are solely and fully responsible for all activities that occur under your user name, password, or account. Meta Humans may assume that any communications it receives through your account have been made by you unless Meta Humans receives notice otherwise. Meta Humans expressly disclaims any liability from misuse of your account.

You will not sell, transfer, or assign your account or any account rights. Accounts may only be set up by the individual that is the subject of the account. We are not responsible for any unauthorized accounts that may appear on the Service.

YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS, TRANSMISSIONS, AND OTHER OBLIGATIONS INCURRED THROUGH SUCH ACCESS OR USE.

Intellectual Property Rights and Ownership of Service

The Service and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively the “Content”), are all proprietary and owned or controlled by Meta Humans, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.

These Terms permit you to use the Service and Content for your personal, non-commercial use only.

A limited, revocable, nontransferable license is granted to temporarily download one copy of the intellectual property displayed via the Service for personal, non-commercial transitory viewing only. This is not a transfer of title, right, or interest in the Service or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Meta Humans or its licensors. This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by Meta Humans at any time for any or no reason.

Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by Meta Humans. Any use of the Service not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

Meta Humans owns and uses trademarks on the Service, including but not limited to META HUMANS and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of Meta Humans. All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

In any way that violates any applicable federal, state, local, or international law or regulation.

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate Meta Humans, a Meta Humans employee, another user, or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which may harm Meta Humans or users of the Service, or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.

Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

Use any device, software, or routine that interferes with the proper working of the Service.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

User Contributions

The Service may contain message boards, forums, community platforms, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (“User Contributions”) on or through the Service.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Service will be considered non-confidential and non-proprietary for purposes of platform moderation. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant to Meta Humans a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in connection with the operation of the Service. This license does not affect any rights you retain in content you contribute to the Open Learning Map (OLM) project, which is governed by OLM’s open-source terms.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above.

All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Meta Humans, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.

Content Standards

These content standards apply to any and all User Contributions and use of interactive features. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote, or assist any unlawful act.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Meta Humans complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (DMCA). Content owners of copyrighted material or their representing agents may submit a DMCA notice to our registered Copyright Agent if they believe that infringing activity has taken place on our Service.

Any notification of claimed infringement must be in writing and include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed.

Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Meta Humans to locate the material.

Information reasonably sufficient to permit Meta Humans to contact the complaining party, including an email address and telephone number.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner.

Send DMCA notices to:

Meta Humans Copyright Agent
Losey PLLC
1420 Edgewater Drive
Orlando, FL 32804
407-906-1605
dmca@losey.law

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service.

Changes to the Service

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Service

All information we collect through this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. We do not sell, rent, or trade your personal information to third parties for commercial purposes.

Linking to the Service and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our written consent.

Links to Other Websites

The Service may provide links to other third-party websites. Meta Humans has not reviewed all of the information on those linked sites, does not maintain them, and cannot control the completeness, accuracy, or security of their content. The inclusion of any link to a third-party site does not imply endorsement by Meta Humans of that site. If you decide to access any linked site, you do this entirely at your own risk.

Disclaimer and Limitations of Liability

THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SERVICE, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 1542.

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Meta Humans and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, (b) violation of these Terms by you, and (c) the acts or omissions of any other user. Meta Humans reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

Arbitration, Choice of Law, and Venue

Any dispute, claim, or controversy arising out of or relating to these Terms shall be submitted to and settled exclusively by binding arbitration in accordance with the American Arbitration Association’s rules. Arbitration shall be held in Seminole County, Florida. All decisions of the arbitrator will be final, binding, and conclusive on you and Meta Humans. Either party may seek confirmation of the arbitration award in the Florida state courts in and for Seminole County, Florida.

YOU AND WE AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL. UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

If arbitration is not permitted, has been waived, or is otherwise unavailable, the sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms shall be an appropriate state or federal court located in Seminole County, Florida. The laws of the State of Florida, without regard to the principles of conflict of laws, shall govern these Terms and any dispute that has arisen or may arise related to these Terms.

Electronic Communications

By using the Service, you consent to receive communications from us electronically. We will communicate with you by email to the address on file for your account or by posting notices on the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for keeping your email address current. We will not be liable for any missed notice or disclosure resulting from an outdated or inaccurate email address on file.

Waiver and Severability

No waiver by Meta Humans of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Meta Humans to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

The Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Meta Humans regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

Your Comments and Concerns

This Service is operated by MTH Winter Park LLC d/b/a Meta Humans, located at 2175 Aloma Ave, Winter Park, FL 32792.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Complaints and DMCA section above.

All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: hi@metahumans.com.