These terms are an agreement between you and One Human Labs LLC (“One Human Labs”, “we”, “us”) and govern your use of onehumanlabs.com, the myCTO web and mobile apps, the Talk to a CTO questionnaire and our advisory services (together, the “service”). By creating an account, buying a plan or deliverable, or otherwise using the service, you agree to them. Please read them with our privacy policy.
These terms include a binding arbitration agreement and a class action waiver in section 13. Unless you opt out within 30 days, disputes between us are resolved by individual arbitration, not in court or by a jury.
1. The service
One Human Labs provides senior technical leadership to companies. The service includes:
- myCTO subscriptions (Partner and Partner Plus): a private thread with a named CTO, scheduled calls, a decision log and the Learn section, as described on the plan you choose;
- Fixed-price deliverables bought in the app, such as a quote review or an interview sit-in;
- The free Talk to a CTO questionnaire and the content on our site; and
- Engagements such as the Technical Control Audit and interim CTO work, quoted on a call.
If you sign a proposal, statement of work or other written agreement with us, it governs that engagement and takes priority over these terms where they conflict.
2. Eligibility and accounts
You must be at least 18 and able to form a binding contract. If you use the service for a company, you confirm you are authorized to accept these terms for it, and “you” includes that company.
You sign in with a one-time code sent to your email, or with Apple or Google. Keep access to that email and those accounts secure; you are responsible for what happens under your account. Tell us right away at hello@onehumanlabs.com if you think someone else has accessed it.
You can delete your account at any time with Delete account under Account in myCTO on the web, iOS or Android, or by emailing us.
3. What our advice is, and is not
We give technical and strategic advice based on the information you share and our professional judgment. You make the final decisions for your company and remain responsible for them, including how and whether to act on our advice.
We are not your employee or officer, and we do not provide legal, tax, accounting, investment or security certification services. We do not guarantee outcomes such as a funding round, a hire, an audit result or system uptime.
We aim to reply to every message within one business day (Pacific time). This is a service standard, not a guarantee, and it does not cover emergencies. For an outage or security incident, follow your own incident process; we will help as soon as we can.
4. Plans, payment and cancellation
Subscriptions
Subscriptions are billed monthly in advance and renew automatically until you cancel. Prices are shown before you buy and exclude taxes, which you pay where they apply. We will give you at least 30 days’ notice by email before a price change takes effect, and you can cancel before then.
Cancelling and changing plans
You can cancel at any time from your account. Cancellation takes effect at the end of the current billing period, and you keep your plan until then. Upgrades take effect immediately and are prorated; downgrades take effect at the next billing period. Calls and monthly allowances do not roll over. Deleting your account is different: it ends a website subscription at once (see Termination).
App Store and Google Play
If you subscribe in the iOS or Android app, Apple or Google bills you and their terms apply to payment, renewal, cancellation and refunds. Manage those subscriptions in your device settings.
Deliverables and engagements
Fixed-price deliverables are paid when you order them. Engagement fees, schedules and payment terms are set in your proposal or statement of work.
Refunds
Fees are non-refundable except where the law requires otherwise or we agree in writing. If we cannot deliver a fixed-price deliverable you paid for, we will refund it. If something went wrong, email us; we would rather fix it than argue about it.
Failed payments
If a payment fails, our payment provider will retry it. If it still cannot be collected, we may pause or end your subscription.
5. Confidentiality
What you share with us about your company (code, architecture, plans, finances, people and the content of your thread and decision log) is your confidential information. We use it only to provide the service to you, protect it with reasonable care, and share it only with our service providers under similar obligations, with people you choose, or when the law requires.
This does not cover information that is public through no fault of ours, that we already knew or receive independently, or that we develop without using yours. If you need a signed non-disclosure agreement, ask and we will sign a reasonable one.
6. Your content and our work
You keep all rights to the materials you give us. You grant us permission to use them only to provide the service to you.
Once you have paid for them, the memos, roadmaps, reviews and other work we prepare specifically for you are yours to use for your business. We keep ownership of our general know-how, methods, templates and tools, and of the service itself, including the site, apps and Learn content. We may reuse general lessons we learn, but never in a way that identifies you or reveals your confidential information.
We will not name you as a client or quote you publicly without your permission.
7. Acceptable use
When using the service, you agree not to:
- break the law or infringe anyone’s rights, including by sharing material you are not allowed to share;
- upload malware or attempt to access accounts, data or systems that are not yours;
- harass, threaten or abuse anyone, including your CTO;
- scrape, resell or copy the service or its content in bulk, or reverse engineer the apps; or
- use the service to build a competing product.
We may suspend or close accounts that break these rules.
8. Third-party services
The service relies on providers such as Stripe, Apple, Google and Cal.com, and our content links to other sites. We are not responsible for those services, and their terms apply when you use them.
9. Disclaimers
Except as expressly stated in these terms or a signed agreement, the service is provided “as is” and “as available”, and to the fullest extent the law allows we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted or error-free.
10. Limitation of liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunities, even if advised of the possibility. Our total liability arising from these terms or the service is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
These limits do not apply to a party’s fraud, gross negligence or willful misconduct, to your payment obligations, or where the law does not allow them.
11. Indemnity
You will defend and indemnify One Human Labs against third-party claims arising from materials you give us that you were not entitled to share, or from your breach of the acceptable use rules.
12. Termination
You can stop using the service and delete your account at any time from Account in myCTO on the web, iOS or Android, or by emailing hello@onehumanlabs.com. Deleting your account is immediate and permanent: your thread, files, decision log and call records are deleted, so download any decisions you want to keep first. We keep payment records, without your name or email, for as long as tax law requires, as described in our privacy policy.
Deleting your account cancels a subscription bought on our website right away, with no further charges. A subscription bought through the App Store or Google Play is billed by Apple or Google; cancel it in your App Store or Google Play settings, or it will keep renewing. Fees already paid are not refunded except as described in Plans, payment and cancellation or required by law.
We can suspend or end your access if you materially breach these terms, or end the service for everyone with 30 days’ notice and a prorated refund of any prepaid fees. Sections on confidentiality, ownership, disclaimers, limitation of liability, indemnity and disputes survive termination.
13. Dispute resolution; binding arbitration
Please read this section carefully. It requires you and One Human Labs to resolve most disputes by individual binding arbitration instead of in court, and it waives the right to a jury trial and to take part in a class action. You can opt out within 30 days, as described below.
Informal resolution first
Before starting arbitration, the party with a claim must send the other a written notice describing the claim and the relief sought: you by email to hello@onehumanlabs.com, we by email to the address on your account. Both parties will try in good faith to resolve it for 60 days after the notice is received. Time limits are paused during those 60 days.
Claims covered
Except as listed below, any dispute, claim or controversy between you and One Human Labs arising from or relating to these terms or the service (an “arbitrable claim”) will be resolved by final and binding arbitration. The arbitrator, not a court, decides questions about the scope, validity and enforceability of this section, except that a court decides the class action waiver below.
Claims not covered
Either party may bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction to stop the infringement or misuse of its intellectual property or confidential information.
How arbitration works
Arbitration is administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or its Consumer Arbitration Rules if those apply to you, before a single arbitrator. The Federal Arbitration Act governs this section. Hearings take place by video or, if either party asks, in California or the county where you live. Filing and arbitrator fees are paid as the AAA rules provide; if they would be prohibitive for you, we will consider paying them. The arbitrator can award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.
No class actions
You and One Human Labs may bring claims against each other only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not consolidate claims of more than one person. If this waiver is found unenforceable for a claim, that claim will be heard in court, not in arbitration.
One year to bring a claim
To the extent the law allows, an arbitrable claim must be brought within one year after it arises, or it is permanently barred.
Your right to opt out
You can opt out of this arbitration agreement by emailing hello@onehumanlabs.com within 30 days after you first accept these terms, with your name, the email on your account and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these terms.
If part of this section is unenforceable
If any part of this section is found unenforceable, the rest still applies, and claims that cannot be arbitrated are decided in the courts named in Governing law.
14. Governing law
These terms and any claim under them, including an arbitrable claim, are governed by the laws of the State of California and, where it applies, the Federal Arbitration Act, without regard to conflict-of-laws rules. Any claim that is not arbitrated will be heard only in the state or federal courts located in California, and both parties consent to their jurisdiction and venue. If the law where you live requires that consumer contracts be governed by local law or heard in local courts, this section applies only to the extent it does not conflict with that law.
15. Changes to these terms
We may update these terms as the service changes. We will change the date at the top and, for material changes, tell you by email or in the app at least 30 days before they take effect. Continuing to use the service after that means you accept the new terms; if you do not, you can cancel before they apply.
16. General
These terms, together with our privacy policy and any signed agreement, are the entire agreement between us about the service. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it. You may not transfer these terms without our consent; we may transfer them as part of a merger or sale of our business. We are independent contractors. Neither party is liable for delays caused by events beyond its reasonable control.
17. Contact us
One Human Labs LLC, California, United States.
Email hello@onehumanlabs.com. We reply within one business day.