Terms of Service

These Terms of Service (the "Agreement") govern your receipt of, access to, and use of the Humaner services provided by Discursive OÜ ("Discursive", "we", "us", or "Company"), operating the Humaner product. By (a) purchasing access through an online ordering process that references this Agreement, (b) signing up for a free or paid plan via a platform that references this Agreement, or (c) clicking a box indicating acceptance, you agree to be bound by these Terms.

The individual accepting this Agreement does so on behalf of a company or other legal entity ("Customer"); such individual represents that they have authority to bind that entity and its affiliates. If the individual does not have such authority, or if the entity does not agree, they must not accept this Agreement and may not use the Services.

Humaner is the product. Discursive OÜ is the Estonian limited company that operates it.

Discursive OÜ is a limited company registered in Estonia that operates Humaner.

Registered address: Sepapaja tn 6, 15551 Tallinn, Estonia.

CEO: Alexandre Neyret. Contact: alexandre@humaner.io.

Discursive owns and provides Humaner, a cloud-based collaborative mailbox for humans and agents, with related developer tooling including Companion and MCP (the "Service"). Content Customer or Users configure, upload, or submit through Humaner is "Customer Content." Customer is responsible for Customer Content. Documentation and materials we provide are "Humaner Content." Managed Humaner does not include source code except under a separate self-hosting license.

Customer may purchase a subscription via humaner.io or the dashboard under one or more Orders. The Subscription Period is stated in the Order. Access is for Customer's authorized Users and internal business purposes only.

Humaner connects the inboxes Customer already uses, drafts and acts on mail through Companion, exposes the same mailbox tools over MCP and REST, and keeps calendar and tasks beside the inbox. Features depend on plan (Self-Host, Humaner, Custom) and may change as we ship updates. Self-hosting, where offered, may have additional terms. Custom and Humaner include a 3-day trial.

Discursive and its licensors own the Service, software, Humaner Content, documentation, branding, and anything else we provide (collectively, "Humaner Materials"). We retain all right, title, and interest (including intellectual property rights) in the Humaner Materials, related technology, and updates, enhancements, modifications, fixes, and derivative works. No implied licenses are granted. Rights not expressly granted are reserved.

Feedback you provide may be used by Discursive to improve Humaner without obligation to you, except that we will not identify you as the source of Feedback without consent.

You must provide accurate account information and keep credentials secure. You are responsible for activity under your account and for managing workspace members, roles, agents, and permissions. Discursive has no responsibility for permissions you set among Users and no liability for those settings, except where unauthorized access results from a vulnerability in the Service itself.

You may provide access to Affiliates; rights and obligations extend to those Affiliates, and you remain responsible for their compliance and for all payment obligations. An "Affiliate" means an entity controlling, controlled by, or under common control with a party, where control means ownership of more than fifty percent (50%) of voting interests.

You must promptly notify us of unauthorized access. We may suspend accounts that present a security risk, violate these Terms, or threaten the Service.

Customer is responsible for all activity on its account and those of its Users (except unauthorized access due to Service vulnerabilities). Customer will ensure Users comply with this Agreement.

Customer agrees not to, and not to permit Users or third parties to: (a) modify, translate, copy, or create derivative works based on the Service except as allowed by law or a written license; (b) reverse engineer, decompile, or attempt to discover source code or underlying ideas except as permitted by law; (c) sublicense, sell, rent, lease, distribute, or commercially exploit the Service; (d) remove proprietary notices; (e) use the Service in violation of law; (f) attempt unauthorized access or disrupt the Service; (g) use the Service to build a competing product using non-public aspects of Humaner; (h) test vulnerability without authorization; (i) generate spam, scams, harassment, or deceptive content; (j) circumvent plan limits, security controls, domain allowlists, or authentication; or (k) deploy agents in high-risk contexts without appropriate human oversight (for example emergency services or critical safety decisions).

If Customer's use significantly harms Discursive or the Service's security or integrity, we may suspend access, taking reasonable steps to notify Customer and resolve the issue. We may set and enforce API usage limits and may suspend API access for abuse or security risk.

"Customer Content" means knowledge sources, documents, prompts, agent configuration, conversation transcripts, desk resolutions, branding assets, and other materials you or your end-users submit to the Service.

You retain ownership of Customer Content. You grant Discursive a limited license to host, process, transmit, and display Customer Content solely to provide and secure Humaner — including running your Humaner agents, retrieval, memory, desk handoff, and (only if you opt in) improving Humaner agents and Humaner patterns as described in the Privacy Policy.

We never use Customer Content to train third-party foundation models.

You are responsible for rights and notices required to upload Customer Content and to use Humaner with end-users.

Discursive is responsible for Humaner and for the infrastructure we use to deliver it. We use large language models (LLMs) and other infrastructure services as our subprocessors to power and improve Humaner agents. Those services support inference and related platform functions. We never use your Customer Content to train third-party foundation models.

Optional product-improvement programs (described in the Privacy Policy) only improve Humaner agents and Humaner patterns. They do not authorize training of third-party models.

Agent outputs may be inaccurate, incomplete, or inappropriate. You remain responsible for reviewing agent behavior, configuring guardrails, and handling escalations. Humaner does not provide legal, medical, financial, or other professional advice.

When visitors interact with your agents, you are the controller of their personal data and Humaner acts as your processor, as described in our Data Processing Agreement and Privacy Policy.

You are responsible for your relationship with end-users, including disclosures, consent where required, and responding to their requests regarding conversations with your agents.

Discursive operates Humaner and is responsible for the Service and the infrastructure we use to deliver it (including LLMs and related inference, vector search, databases, billing processors, email delivery, and hosting). Those providers are our subprocessors. They process data to help us run Humaner — not to train their foundation models on your Customer Content. Our processor obligations for customer personal data are in the DPA.

Separately, you may choose to connect your own external products or accounts to Humaner (for example tools you authorize in the dashboard). For those optional connections, you remain responsible for your relationship with that provider and for complying with their terms. That does not shift responsibility for Humaner’s own infrastructure onto you.

Customers pay for access as detailed in the applicable Order ("Fees"). Fees are charged in the currency stated in the Order or, if unspecified, as shown at checkout. Payment obligations are non-cancellable and Fees are non-refundable except as expressly stated or required by law. We may modify Fees prospectively; you may choose not to renew if you disagree.

We or our payment processor will bill using the payment method you provide. You must keep payment information current. Failure to pay may result in suspension. Recurring charges authorized by an Order continue until you cancel or update your payment method according to the Order and dashboard settings.

Fees exclude taxes. You are responsible for taxes associated with your purchases (other than taxes based on our income, property, or employees). If we must collect taxes, we will invoice them unless you provide a valid exemption certificate.

If you believe you were billed incorrectly, contact us within sixty (60) days of the statement showing the error. Free plans, if offered, may have reduced features; we may terminate free access on notice.

Subscriptions commence on the start date in the Order and continue for the Subscription Period, including renewals and any period of use. You may choose not to renew via account settings or by notifying billing contacts we designate, subject to confirmation. If a paid subscription ends without termination of the account, access may downgrade to a free version if offered.

Either party may terminate for material breach not cured within thirty (30) days after written notice. We may terminate free access at any time on notice.

If you terminate for our uncured material breach, we will refund unused prepaid Fees for the remainder of the then-current Subscription Period. If we terminate for your uncured material breach, you remain responsible for unpaid Fees covering the remainder of that period. Upon termination, licenses end and access ceases. We will delete or return Customer Content according to the Privacy Policy, DPA, and retention settings, subject to legal holds. Inactive free accounts may be deleted after prolonged inactivity.

Our collection and use of personal data is described in the Privacy Policy. Security practices are summarized on our Security page. For customer personal data processed on your behalf, the Data Processing Agreement applies and is incorporated by reference.

Customers authorize Discursive and its subprocessors to store, process, and retrieve account and usage information as needed to provide the Service. Aggregated, anonymized service performance data that does not identify Customer or Users may be used freely by Discursive.

Each party ("Receiving Party") may receive confidential information from the other ("Disclosing Party"), including non-public Humaner details and Customer Content. This Agreement and Orders are confidential to both parties. Exclusions: public information, prior knowledge, third-party receipt without duty, and independent development.

The Receiving Party will use reasonable care, limit access to need-to-know representatives under similar duties, and use Confidential Information only to perform this Agreement. Compelled disclosure is allowed with prior notice when legally permitted.

Customer represents that Customer Content complies with applicable law.

EXCEPT AS EXPRESSLY STATED, HUMANER IS PROVIDED "AS IS" AND "AS AVAILABLE." DISCURSIVE DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE, OR THAT AGENT OUTPUTS WILL SUIT ANY SPECIFIC OUTCOME.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCURSIVE AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR SYSTEM FAILURE, REGARDLESS OF LEGAL THEORY.

EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED BY LAW, DISCURSIVE'S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You will defend and indemnify Discursive against claims arising from your Customer Content, your agents' use with end-users, your breach of this Agreement, or your violation of law or third-party rights, except to the extent caused by Discursive's willful misconduct.

With your prior written consent, we may identify you and use your name and logo in marketing materials.

We are not liable for failure or delay caused by events beyond our reasonable control (for example natural disasters, war, terrorism, widespread infrastructure outages, or government actions), provided we use reasonable efforts to resume the Service. This does not relieve us of responsibility for operating Humaner and selecting and managing our subprocessors under this Agreement and the DPA.

Humaner is an evolving subscription product. We may modify the Service without materially reducing core functionality of paid plans during a paid Subscription Period. We may modify these Terms with at least thirty (30) days' notice before changes take effect; continued use after the effective date constitutes acceptance.

The parties are independent contractors. This Agreement creates no partnership, joint venture, agency, or employment relationship and no third-party beneficiaries.

Notices may be sent by email or through the Service. Notices to Discursive: legal@humaner.io or alexandre@humaner.io. Notices to Customer: the email associated with the account.

Neither party may assign without the other's consent, except Discursive may assign in connection with merger, acquisition, reorganization, or sale of substantially all assets. Unauthorized assignment is void.

This Agreement, including referenced documents and Orders, is the entire agreement and supersedes prior discussions on the subject matter.

This Agreement is governed by the laws of the Republic of Estonia, without regard to conflict-of-law rules, unless mandatory consumer protections in your country require otherwise. Courts of Tallinn, Estonia will have exclusive jurisdiction, subject to mandatory local venue rights where applicable.

For questions about these Terms, email legal@humaner.io or alexandre@humaner.io.

Write to Discursive OÜ, Sepapaja tn 6, 15551 Tallinn, Estonia (Attn: Alexandre Neyret).