TERMS OF SERVICE
Last updated: March 1, 2026Welcome to Hermes. These Terms of Service ("Terms") govern your access to and use of the Hermes platform, including our website, applications, APIs, and all related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use our Services.
Hermes Inc. ("Hermes," "we," "us," or "our") reserves the right to update these Terms at any time. Continued use of the Services after changes constitutes acceptance of the revised Terms.
1. ACCOUNT REGISTRATION
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years of age to create an account. By creating an account, you represent that you meet this age requirement. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently. You agree to notify us immediately of any unauthorized access to or use of your account. Hermes will not be liable for any loss arising from unauthorized use of your account.
2. SERVICES & ACCEPTABLE USE
Hermes provides AI-powered creative tools for content generation, image synthesis, and collaborative workflows. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services in accordance with these Terms. You agree not to: (a) use the Services to generate content that is illegal, harmful, or violates the rights of others; (b) attempt to reverse-engineer, decompile, or extract the source code of our AI models; (c) use automated systems to access the Services in a manner that exceeds reasonable request volumes; (d) sublicense, resell, or redistribute access to the Services without written authorization; (e) use the Services to develop competing AI products or services.
3. BILLING & PAYMENTS
Certain features of the Services require a paid subscription. By subscribing to a paid plan, you agree to pay all fees associated with your selected plan. All fees are quoted in U.S. dollars and are non-refundable except as required by law. Subscriptions automatically renew at the end of each billing cycle unless canceled before the renewal date. We may change pricing with 30 days' notice. Continued use after a price change constitutes acceptance. If payment fails, we may suspend access to paid features until the balance is resolved. During the closed beta period, certain features may be offered at reduced rates or free of charge. These promotional terms may be modified or discontinued at our discretion.
4. INTELLECTUAL PROPERTY
All rights, title, and interest in the Services, including all intellectual property rights, remain with Hermes. The Hermes name, logo, and all related marks are trademarks of Hermes Inc. Content you create using our AI tools ("Generated Content") is owned by you, subject to our license terms and any applicable third-party rights. You grant Hermes a non-exclusive, worldwide license to use your input data solely for the purpose of providing and improving the Services. You represent and warrant that you have all necessary rights to any content you upload to the Services, and that such content does not infringe upon the intellectual property rights of any third party.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERMES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO HERMES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
6. TERMINATION
You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, your right to use the Services will immediately cease. We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Reasons for termination include, but are not limited to, violation of these Terms, fraudulent activity, or extended periods of inactivity. Upon termination, we will make your data available for export for a period of 30 days. After this period, we may delete your data in accordance with our data retention policies. Sections relating to intellectual property, limitation of liability, and dispute resolution shall survive termination.
7. GOVERNING LAW & DISPUTES
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to resolve disputes on an individual basis and waive any right to participate in a class action. For claims under $10,000, arbitration may be conducted remotely. Each party shall bear its own costs and attorney fees. For questions about these Terms, contact us at legal@hermes.do.