Grammarly
Weighted across nine legal categories. Lower is worse.
Executive summary
Grammarly’s Terms of Service demonstrate strong transparency in billing, modification notices, and explicit clickwrap acceptance, offering consumers reasonable control over accounts and subscriptions. However, significant consumer risks remain in dispute resolution, where mandatory individual arbitration and class-action waivers restrict access to courts, alongside a perpetual license grant for user content and a strict no-refund policy. The absence of an indemnification clause leaves third-party claim allocation undefined.
Category breakdown
1 of the nine categories are not addressed by this document, so they are left out rather than scored.
Acceptance of Terms & Scope
Contract formation and service boundaries
The document uses a clear clickbox mechanism during sign-up but retains a browsewrap fallback where mere access or use constitutes consent. Scope is narrowly defined around Sites, Apps, APIs, and SDKs with appropriate age thresholds.
Key findings
- Explicit checkbox consent required during signup
- Browsewrap fallback via continued use
- Clear scope definition and age requirements (13/16)
Evidence from the document
By checking the box indicating your acceptance of these Terms during sign-up or by accessing or using this Site or any of our Services, you agree to be bound by these Terms.
Recommendations
- Remove the browsewrap fallback to ensure only explicit affirmative consent binds users
- Add a plain-language summary of key obligations near the acceptance prompt
User Accounts
Registration, suspension, and termination
Advance notice and a cure period are provided before suspension or termination, which is consumer-friendly. However, account deletion permanently erases all content without export rights, and exceptions allow immediate termination without notice for material breaches or legal reasons.
Key findings
- Reasonable advance notice and cure period offered
- Permanent data loss upon account deletion with no export option
- Exceptions permit immediate termination without notice
Evidence from the document
Before suspending or terminating your access to the Services and/or Account for one of the issues outlined immediately above, we will provide you with reasonable advance notice via the email address associated with your Account so that you have an opportunity to remedy the issue.
once you delete your Account, you will not be able to reactivate it or retrieve any content or information associated with it
Recommendations
- Mandate a data export window before permanent deletion
- Clarify appeal procedures and human review for terminations based on material breach
Intellectual Property & UGC
Content ownership and licensing
Users retain full ownership of their content, which is positive. However, the granted license lasts as long as intellectual property laws protect the content rather than terminating upon deletion, creating a potentially perpetual right to use user data for service improvement and AI training.
Key findings
- Users retain ownership of User Content
- License limited to service operation, improvement, and customization
- License duration tied to IP protection rather than account status
Evidence from the document
You own all right, title, and interest in and to User Content.
The above license lasts as long as intellectual property laws protect your User Content
Recommendations
- Explicitly state that the license terminates upon account deletion or content removal
- Limit AI training usage and clarify commercial exploitation boundaries
Data Privacy
Data collection, usage, and protection
Privacy practices are deferred to separate policies and addenda rather than detailed in the ToS. While export and deletion rights are acknowledged, granular controls, data sharing disclosures, and opt-out mechanisms are not explicitly outlined here.
Key findings
- Privacy handling deferred to separate Policy and Data Privacy Addendum
- Export and deletion rights acknowledged for individuals and entities
- Lacks specific collection, sharing, or opt-out details in-text
Evidence from the document
If you have opened an Account as an individual... Superhuman’s Privacy Policy will govern the processing of personal information about you... You can export or delete your User Content, including your personal information, at any time while you have an Account
Recommendations
- Summarize core data practices directly in the ToS
- Explicitly detail data sharing partners, selling restrictions, and easy opt-out pathways
Payment & Subscriptions
Billing and subscription management
Auto-renewal is conspicuous, cancellation matches the signup method, and price increases require advance notice. The strict non-refundable policy with no proration is a notable downside but remains within standard SaaS norms.
Key findings
- Conspicuous auto-renewal disclosure with clear cancellation instructions
- Online cancellation available matching signup method
- Advance notice required for fee changes; strict no-refund/no-proration policy
Evidence from the document
IF YOU SUBSCRIBE TO A PAID SUBSCRIPTION TO THE SERVICES, SUCH PAID SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION PERIOD AT SUPERHUMAN’S THEN-CURRENT FEES FOR SUCH SUBSCRIPTION UNLESS YOU CANCEL OR DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 8.8 BELOW.
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.
Recommendations
- Offer prorated refunds for early termination
- Implement automated renewal reminder notifications prior to each billing cycle
Limitation of Liability
Risk allocation and legal protection
Liability is capped at fees paid over the preceding 12 months, with a $100 floor for free users. Standard exclusions for indirect damages apply, but the clause relies on statutory savings language rather than explicitly carving out gross negligence or willful misconduct.
Key findings
- Aggregate liability capped at fees paid ($100 minimum for free users)
- Excludes lost profits and consequential damages
- Relies on 'permitted by applicable law' savings clause instead of explicit carve-outs
Evidence from the document
IN NO EVENT WILL SUPERHUMAN AND THE SUPERHUMAN ENTITIES' TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS EXCEED THE AMOUNT THAT YOU HAVE PAID IN FEES TO SUPERHUMAN OR THE SUPERHUMAN ENTITIES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY. HOWEVER, IF THAT AMOUNT IS ZERO BECAUSE YOU HAVE A FREE SUBSCRIPTION, SUPERHUMAN AND THE SUPERHUMAN ENTITIES’ TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Recommendations
- Explicitly carve out gross negligence, willful misconduct, and data security failures from liability caps
- Ensure cap language is presented in plain text rather than solely in all-caps
Modification of Terms
How agreements can be changed
Material changes require at least 30 days advance notice via email or in-app notification, with updated dates posted. Continued use constitutes acceptance, which is standard but acceptable given the proactive notice requirement.
Key findings
- 30-day advance notice mandated for changes
- Updated versions posted with revised effective dates
- Continued use deemed acceptance of updates
Evidence from the document
If we make changes, we will notify you either by email or through the Services at least thirty (30) days before the changes take effect.
Recommendations
- Provide a public changelog/archive for version tracking
- Shift from passive acceptance to explicit opt-in for future modifications
Governing Law & Disputes
Jurisdiction and conflict resolution
Mandatory binding individual arbitration with class action and jury trial waivers significantly restrict consumer access to justice. While a 30-day opt-out and small claims exception exist, the SF venue for litigation and lack of explicit fee coverage for consumers create substantial barriers.
Key findings
- Binding individual arbitration required for all disputes
- Class action and jury trial waivers enforced
- 30-day opt-out available; small claims preserved; EEA residents exempt
Evidence from the document
you and Superhuman agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below.
You and Superhuman agree that each of us may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis (and we each waive any right we have to bring such claims).
Recommendations
- Remove mandatory arbitration for consumer disputes and preserve court access
- Allow litigation in the consumer's home jurisdiction and explicitly state the company covers arbitration fees
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.