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. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

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. Users supply their own third-party LLM API keys and Telegram bot tokens to power their agent.

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 legal@hermify.io 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.
• You must provide accurate and complete information when creating your account and keep it up to date.

4. API Keys and Third-Party Services

To use the Service, you must provide credentials from third-party services (such as an LLM provider API key and a Telegram bot token). By providing these credentials, 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.
• Acknowledge that we encrypt your credentials at rest but cannot guarantee absolute security. You assume the risk of providing credentials to our platform.

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
• Conduct or facilitate any form of fraud or deception
• Attempt to gain unauthorized access to any system, network, or account
• Interfere with or disrupt the Service or its infrastructure
• Circumvent any rate limits, usage caps, or security measures
• Resell or sublicense access to the Service without our written consent
• Use the Service in any way that violates the terms of your LLM provider or Telegram

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated this section.

7. AI Agent — Important Disclaimer

The Hermes Agent is an open-source AI system that generates responses using large language models. By running an agent through our platform, you acknowledge and agree that:

• AI-generated output may be inaccurate, incomplete, biased, or offensive. You are solely responsible for how you use, share, or act on that output.
• We do not monitor, control, or review the conversations or outputs produced by your agent.
• You are solely responsible for configuring your agent appropriately and ensuring its use complies with applicable law and third-party terms.
• We are not liable for any decisions made, or actions taken, based on your agent’s output.
• The “self-improving” nature of the agent (skill creation, memory) operates within the technical bounds of the Hermes Agent framework. We make no guarantees about the quality or reliability of agent-generated skills or memory.

8. Service Availability and SLA

We aim for high availability but do not guarantee uninterrupted access. The Service is provided “as is” and we may perform maintenance, experience outages, or make changes at any time. We are not liable for downtime or data loss caused by circumstances beyond our reasonable control, including failures of third-party infrastructure providers (Railway, Supabase, Vercel, Stripe).

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 — we do not claim ownership of it. You retain all rights to content you create or configure through your agent. You grant us a limited license to process and store your content solely to provide the Service.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided “as is” without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
• In no event shall Hermify Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• Our total cumulative liability to you for any claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the 3 months preceding the claim.

Some jurisdictions do not allow certain liability exclusions — in those cases, our liability is limited to the maximum extent permitted by law.

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 (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content or output produced by your agent instance.

12. Termination

You may delete your account at any time. We may suspend or terminate your account with or without notice if you violate these Terms, if we discontinue the Service, or if required by law. Upon termination, your agent instance will be decommissioned and your data will be deleted per our Privacy Policy. Sections 7, 10, 11, and 13 survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, conducted in English. You waive any right to a jury trial or class action proceeding.

14. Changes to These Terms

We may update these Terms at any time. We will notify you of material changes via email at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you disagree with the changes, you may cancel your subscription before they take effect.

15. Contact

Questions about these Terms? Contact us at legal@hermify.io.