Last Updated: May 12, 2025

1. INTRODUCTION AND ACCEPTANCE

Welcome to Superhuman for Startups (the "Program"), a special offering by Superhuman, Inc. ("Superhuman," "we," "us," or "our"). These Terms of Use ("Terms") govern your participation in the Program and your use of Superhuman's email service and related products and services (collectively, the "Services") under the Program.

By applying for, enrolling in, or participating in the Program, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms. If you do not have such authority or if you do not agree with these Terms, you must not accept these Terms and may not participate in the Program.

These Terms are in addition to, and do not replace, Superhuman's general Terms of Service and Privacy Policy, which also apply to your use of the Services.

2. DEFINITIONS

"Accelerator" means a company, organization, or program that provides mentorship, resources, and often capital to early-stage startups.

"Eligibility Criteria" means the requirements set forth in Section 3 that must be met to qualify for the Program.

"Partner" means a venture capital firm or accelerator that has an established relationship with Superhuman for the purposes of the Program.

"Program" means the Superhuman for Startups offering, which provides eligible startups with special pricing and/or features for the Services.

"Services" means Superhuman's email service and related products and services.

"Startup" means a company or organization that is applying for or participating in the Program.

"Venture Capital Firm" or "VC" means an investment firm that provides capital to startups with high growth potential.

3. ELIGIBILITY CRITERIA

To be eligible for the Program, your Startup must meet all of the following criteria at the time of application and maintain compliance throughout participation in the Program:

3.1 New Customer Requirement

Your Startup must be a new Superhuman customer, meaning that your company has not previously had a paid subscription to Superhuman's Services. Individual employees who may have used Superhuman in their personal capacity or at previous employers do not disqualify your Startup.

3.2 Partner VC/Accelerator Association

Your Startup must be associated with a Partner VC or Accelerator recognized by Superhuman. This association must be verifiable and may require:

(a) Confirmation from the Partner; (b) Documentation showing investment from the Partner VC; or(c) Evidence of current or past participation in the Partner Accelerator's program.

Superhuman maintains sole discretion in determining which VCs and Accelerators qualify as Partners for the Program.

3.3 Funding Limitations

Your Startup must have raised less than $10 million (USD) in total equity funding at the time of application. This includes all forms of equity financing such as seed rounds, Series A, convertible notes, SAFEs, and other equity instruments. It does not include:

(a) Grants; (b) Revenue-based financing; (c) Debt financing that does not convert to equity; or (d) Personal investments from founders.

Superhuman reserves the right to request documentation verifying your funding status.

3.4 Company Size Restrictions

Your Startup must have fewer than 50 employees (full-time equivalents) at the time of application. This includes:

(a) Full-time employees; (b) Part-time employees (counted proportionally to their time commitment); (c) Founders; and (d) Regular contractors who function essentially as employees.

This does not include: (a) Occasional contractors or consultants; (b) Advisors who are not regularly engaged in day-to-day operations; or (c) Investors who do not have operational roles.

4. REGISTRATION AND ACCOUNT CREATION

4.1 Application Process

To apply for the Program, you must complete the application form available at superhuman.com/startups and provide all requested information accurately and truthfully. Superhuman may request additional documentation to verify your eligibility.

4.2 Verification

Superhuman will review your application and may conduct verification checks to confirm your eligibility. This may include:

(a) Contacting your Partner VC or Accelerator; (b) Requesting financial documentation; and (c) Verifying employee count through payroll or other records

4.3 Account Setup

If approved for the Program, you will receive instructions to create Superhuman accounts for your eligible team members.

4.4 Accurate Information

You must provide accurate, current, and complete information during the registration process and keep your information updated. Providing false or misleading information may result in immediate termination from the Program.

5. PROGRAM BENEFITS

5.1 Special Pricing

Eligible Startups will receive special pricing for the Services. The specific pricing terms will be communicated to you upon acceptance into the Program and may be subject to change with notice.

5.2 Duration of Benefits

Program benefits are typically available for 12 months from the date of enrollment, unless otherwise specified. After this period, standard pricing and terms will apply unless:

(a) You are offered an extension of Program benefits; or (b) You enter into a different agreement with Superhuman.

5.3 User Limitations

The Program may include limitations on the number of user accounts that can be created under the special pricing terms. Additional users may be subject to standard pricing.

5.4 Feature Access

The Program provides access to specific features of the Services as communicated during enrollment. Superhuman reserves the right to modify available features with notice.

6. TERM AND TERMINATION

6.1 Program Term

Your participation in the Program begins on the date your application is approved and continues until:

(a) The end of the specified Program period (typically 12 months); (b) Termination by either party in accordance with these Terms; or (c) Your Startup no longer meets the Eligibility Criteria.

6.2 Termination by Superhuman

Superhuman may terminate your participation in the Program at any time if:

(a) You breach these Terms or Superhuman's general Terms of Service; (b) You provide false or misleading information; (c) Your Startup undergoes a change of control, merger, or acquisition; or (d) Superhuman discontinues the Program.

6.3 Termination by You

You may terminate your participation in the Program at any time by providing written notice to Superhuman at hello@superhuman.com.

6.4 Effect of Termination

Upon termination of your participation in the Program: (a) You will lose access to Program benefits; (b) You may continue using the Services under Superhuman's standard terms and pricing; or (c) You may cancel your Superhuman subscription entirely.

6.5 Survival

Sections 7, 10, 11, 12, 13, 14, and 15 of these Terms will survive any termination or expiration of your participation in the Program.

7. MODIFICATION OF TERMS

7.1 Updates to Terms

Superhuman reserves the right to modify these Terms at any time by posting the revised Terms on our website or by notifying you directly. Your continued participation in the Program after such changes constitutes acceptance of the revised Terms.

7.2 Material Changes

For material changes to these Terms, Superhuman will make reasonable efforts to notify you directly via email or through the Services. Material changes will take effect 30 days after such notification, unless otherwise specified.

7.3 Program Changes

Superhuman may modify, suspend, or discontinue the Program or any part thereof at any time with notice to participants. This includes changes to:

(a) Eligibility Criteria; (b) Program benefits; (c) Pricing terms; or (d) Available features.

8. USER CONDUCT AND RESTRICTIONS

8.1 Acceptable Use

Your use of the Services under the Program must comply with Superhuman's Acceptable Use Policy, available at https://superhuman.com/acceptable-use, and all applicable laws and regulations.

8.2 Account Sharing Prohibition

Each Superhuman account is for use by a single individual. Sharing accounts between multiple users is strictly prohibited and may result in termination from the Program.

8.3 Reselling Prohibition

You may not resell, redistribute, or transfer your access to the Program or the Services to any third party.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Superhuman's Intellectual Property

All intellectual property rights in the Services, including but not limited to software, designs, logos, and content, are owned by Superhuman or its licensors. Nothing in these Terms transfers any such rights to you.

9.2 Feedback

If you provide feedback, ideas, or suggestions regarding the Program or the Services ("Feedback"), you grant Superhuman a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate such Feedback without restriction.

9.3 Publicity

Superhuman may identify your Startup as a participant in the Program in its marketing materials, unless you explicitly opt out by emailing startups@superhuman.com. You may not use Superhuman's name, logo, or trademarks without prior written permission.

10. PRIVACY AND DATA PROTECTION

10.1 Privacy Policy

Your use of the Services is subject to Superhuman's Privacy Policy, available at superhuman.com/privacy, which is incorporated into these Terms by reference.

10.2 Program-Specific Data Collection

In addition to the data collection described in the Privacy Policy, Superhuman may collect and process information specific to the Program, including:

(a) Funding information;(b) Employee count and growth;(c) Relationship with Partner VCs or Accelerators; and(d) Other information relevant to verifying your eligibility.

10.3 Data Sharing with Partners

Superhuman may share limited information about your participation in the Program with your Partner VC or Accelerator, including confirmation of your enrollment and usage statistics. This sharing will be in accordance with our Privacy Policy.

11. DISCLAIMERS AND LIMITATIONS OF LIABILITY

11.1 Service Disclaimers

THE SERVICES AND PROGRAM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11.2 Availability and Reliability

SUPERHUMAN DOES NOT WARRANT THAT THE SERVICES OR PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON'T OCCUR, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPERHUMAN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE SERVICES.

11.4 Cap on Liability

IN ANY CASE, SUPERHUMAN'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS, THE PROGRAM, OR THE SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11.5 Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Superhuman, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:

(a) Your participation in the Program;(b) Your use of the Services;(c) Your violation of these Terms;(d) Your violation of any third-party right, including without limitation any intellectual property right or privacy right; or(e) Any claim that information you provided to Superhuman caused damage to a third party.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

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

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Program shall be resolved as follows:

(a) Informal Resolution: We encourage you to contact us first to seek an informal resolution of any dispute.

(b) Arbitration: If the dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, and be conducted in English. The arbitrator's decision shall be final and binding.

(c) Exceptions: The foregoing arbitration requirement does not apply to claims for injunctive relief or intellectual property violations, which may be brought in a court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND SUPERHUMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Time Limitation

Any claim arising out of or related to these Terms or the Program must be filed within one (1) year after such claim arose, otherwise, the claim is permanently barred.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with Superhuman's general Terms of Service and Privacy Policy, constitute the entire agreement between you and Superhuman regarding the Program and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14.3 Waiver

Superhuman's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Superhuman.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without Superhuman's prior written consent. Superhuman may assign these Terms in whole or in part at any time without your consent.

14.5 Notices

Notices to you may be made via email, regular mail, or through the Services. Superhuman may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.

14.6 Force Majeure

Superhuman shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, civil unrest, government action, labor disputes, or internet service provider failures.

By applying for or participating in the Superhuman for Startups Program, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.