Risk Score
0 = very fair · 100 = very risky
Summary
This is a SaaS Terms of Service from Superhuman Platform Inc. (formerly Grammarly) governing access to writing assistance and AI tools. The document is moderately aggressive in several areas: it includes mandatory binding arbitration and a class action waiver (with a 30-day opt-out window), auto-renewal for paid subscriptions, a broad license over user content, and a strict no-refunds policy. While users technically retain ownership of their content, the license granted to Superhuman is very broad and long-lasting. The document is fairly typical for large SaaS providers but contains several clauses that significantly limit user recourse and rights.
Flagged Clauses
If you have a legal dispute with Superhuman, you almost certainly cannot sue them in court or join a class action lawsuit. You must go through private arbitration instead. You have only 30 days after agreeing to the terms to opt out of this — otherwise you are permanently bound. EEA users are exempt.
“Section 12 contains a binding arbitration agreement requiring all disputes to be resolved through binding, final arbitration, with a class action and jury trial waiver. Users must opt out within 30 days of accepting terms to avoid this.”
Your paid subscription automatically renews at whatever price Superhuman is charging at that time — which may be higher than what you originally paid. You must actively cancel to stop being charged.
“Paid subscriptions 'will be automatically renewed for additional periods of the same duration as your initial subscription period at Superhuman's then-current fees' unless cancelled per Section 8.8.”
You keep ownership of your content, but you give Superhuman an extremely broad, effectively permanent license to use, modify, and build upon it — including to develop new products. This license survives as long as copyright law applies, which can be decades.
“Section 7.2 grants Superhuman 'a worldwide, non-exclusive, royalty-free license' to use, store, reproduce, publish, modify, and create derivative works from User Content for purposes including 'developing new products or adding features.' The license 'lasts as long as intellectual property laws protect your User Content.'”
You do not own the software or any purchases — you are paying for a revocable license to access it. Superhuman can take away your access at any time under the termination conditions.
“Section 3.1 states: 'the Services and any related software are provided to you on a subscription basis; they are not being sold to you.' The license is 'limited, revocable, non-exclusive, non-transferable, and non-sublicensable.'”
Superhuman does not provide refunds under virtually any circumstance. If you cancel mid-cycle, you keep access until the end of that period but receive no money back. This is a strict no-refunds policy.
“Section 8.10 states: 'To the fullest extent permitted by applicable law, all payments made by you under these Terms are non-refundable and payment obligations are non-cancelable, and we do not provide refunds or credits for any partially used Subscription periods or unused consumption or capacity.'”
Superhuman can terminate your account and delete all your content, and they have zero financial or legal liability to you for doing so. In many cases they don't even have to warn you first. You lose all access to content stored in the service if terminated.
“Section 9.2 states that upon termination 'we may delete User Content from our live databases' and 'Superhuman will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Content.' Section 9.3 allows termination 'at any time without liability' and without advance notice in several circumstances.”
Account deletion is permanent and irreversible. All your content and data is unrecoverable once you delete your account.
“Section 3.3.4 states: 'once you delete your Account, you will not be able to reactivate it or retrieve any content or information associated with it.'”
Superhuman can change these terms whenever they want. They do provide 30 days notice (better than many services), but if you keep using the service after that period, you are automatically bound by the new terms whether you read them or not.
“Section 2 states Superhuman 'may make changes to these Terms at our discretion' with at least 30 days notice via email or in-service notification. Continued use after changes constitutes acceptance.”
Superhuman collects detailed usage data about how you interact with the service and your content. This data is used broadly for service improvement and other purposes without specific limitations stated in the Terms.
“Section 3.7 states Superhuman may 'collect and analyze data relating to your access and use of our Services ("Usage Data")' including 'technical logs, metadata, telemetry data, and usage information about User Content, such as how often it is accessed.'”
Any feedback you give Superhuman about the service becomes theirs to use freely — they owe you nothing for it, including no compensation or credit.
“Section 3.7 states: 'If you provide us with any suggestions, enhancement requests, recommendations, or other feedback regarding our Services, we may use that feedback without restriction or any further obligation to you.'”
If you signed up with a work or school email, your employer or institution can see your content, control your account, and even have it merged into their account. Your personal content created under that account could become accessible to your employer.
“Section 3.3.3 states that if you use a work or school email, the organization may 'access, view, restrict, merge, or terminate your Account.' Superhuman may merge personal accounts with organizational accounts at the organization's request.”
Any extra AI usage units you buy are non-refundable and non-transferable. If you cancel or are terminated, you lose any unused AI capacity you paid for.
“Section 4.2 states that additional AI capacity purchased 'are not transferable to another Account, and will not be refunded to you upon expiry or termination of your Subscription.'”
For any beta or experimental features, Superhuman has zero legal liability to you for any harm, data loss, or other problems — no matter what happens.
“Section 6 states: 'NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, SUPERHUMAN WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH BETA SERVICES.'”
Missing Protections
- No explicit data retention or deletion timeline after account termination — unclear how long Superhuman keeps your data after you leave
- No explicit prohibition on selling or commercially transferring user data to third parties in the Terms (Privacy Policy may address this separately but is not analyzed here)
- No SLA (Service Level Agreement) or uptime guarantees for paid subscribers
- No explicit process for account appeals or reinstatement after wrongful termination
- No explicit limitation on how long the broad content license applies after account deletion
- No explicit statement about whether AI/ML models are trained on individual user content and whether users can opt out
- No price lock or cap on auto-renewal pricing — fees can increase each cycle
- No grace period or cure period for payment failures before service termination
Fair Terms
- Users explicitly retain ownership of all User Content they create (Section 7.1)
- 30-day advance notice is provided before Terms changes take effect — more notice than many services offer
- EEA users are explicitly exempt from the mandatory arbitration and class action waiver clauses
- Cancellation process appears to be accessible (customer care email + support page provided)
- After cancellation, users retain access through the end of the current billing cycle rather than being cut off immediately
- Advance notice is generally required before account suspension or termination (with some exceptions)
- Users can export or delete their User Content and personal information at any time while the account exists
- Google API data use explicitly states adherence to Google API Services User Data Policy including Limited Use requirements (Section 5.4)
Document information only — not legal advice.