Terms of Use

Please read these Terms of Use (“Terms”) carefully before using Hermify (“Service”), operated by Hermify Inc. (“we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent that you meet these requirements.

2. Description of Service

Hermify provides a managed cloud hosting platform that allows users to deploy and run instances of the Hermes Agent framework (an open-source project by Nous Research). We handle server provisioning, environment configuration, updates, and persistent storage.

We are not affiliated with, endorsed by, or officially connected to Nous Research or the Hermes Agent project. We are an independent hosting provider.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately at [email protected] if you suspect unauthorized access to your account.
• You may not share your account with others or create accounts on behalf of third parties without their consent.

4. API Keys and Third-Party Services

By providing credentials from third-party services, you:

• Confirm that you have the right to use those credentials and that doing so does not violate any third-party terms of service.
• Authorize us to store and use them solely to operate your agent instance on your behalf.
• Acknowledge that your usage of third-party LLM APIs is subject to that provider’s pricing, rate limits, and terms - you are solely responsible for any costs incurred with those providers.

5. Payments and Subscriptions

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Generate, distribute, or facilitate spam, phishing, or unsolicited communications
• Create, transmit, or store content that is illegal, harmful, defamatory, obscene, or harassing
• Attempt to gain unauthorized access to any system, network, or account
• Interfere with or disrupt the Service or its infrastructure
• Resell or sublicense access to the Service without our written consent

7. AI Agent - Important Disclaimer

By running an agent through our platform, you acknowledge that:

• AI-generated output may be inaccurate, incomplete, biased, or offensive. You are solely responsible for how you use that output.
• We do not monitor, control, or review the conversations or outputs produced by your agent.
• We are not liable for any decisions made, or actions taken, based on your agent’s output.

8. Service Availability

We aim for high availability but do not guarantee uninterrupted access. The Service is provided “as is” and we may perform maintenance or experience outages at any time.

9. Intellectual Property

The Hermify platform, website, and branding are owned by Hermify Inc. The Hermes Agent framework is open-source software licensed under the MIT License by Nous Research. You retain all rights to content you create or configure through your agent.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided “as is” without warranty of any kind.
• In no event shall Hermify Inc. be liable for any indirect, incidental, special, consequential, or punitive damages.
• Our total liability shall not exceed the amount you paid us in the 3 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Hermify Inc. and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

12. Termination

You may delete your account at any time. We may suspend or terminate your account if you violate these Terms. Upon termination, your agent instance will be decommissioned and your data will be deleted per our Privacy Policy.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States. Any dispute shall first be attempted to be resolved through good-faith negotiation, then submitted to binding arbitration under the rules of the American Arbitration Association.

14. Changes to These Terms

We may update these Terms at any time with at least 14 days’ notice via email. Continued use after the effective date constitutes acceptance.

15. Contact

Questions about these Terms? Contact us at [email protected].