Terms of service.

1. Agreement to these terms

These Terms of Service (“Terms”) form a binding agreement between you (“you,” “Customer”) and Hermes (“Hermes,” “we,” “us”) governing your access to and use of the Hermes platform, website, and related services (collectively, the “Service”). By creating an account, accessing the Service, or otherwise indicating acceptance, you agree to these Terms. If you do not agree, you may not use the Service.

2. Definitions

• “Account” means your registered access to the Service.
• “Operator” means a Customer that uses the Service to deploy AI voice agents on behalf of their own end-business clients.
• “End Business” means a third party for whom an Operator deploys an AI voice agent using the Service.
• “Customer Data” means data, content, audio, transcripts, and configurations uploaded to or processed through the Service by you or on your behalf.
• “Documentation” means user-facing materials we publish about the Service.

3. Eligibility and accounts

You must be at least 18 years of age and legally able to enter contracts in your jurisdiction. You agree to provide accurate, current, and complete information when registering and to keep your credentials secure. You are responsible for all activity that occurs under your Account, whether authorized or not, until you notify us of suspected unauthorized access at hello@buildwithhermes.com.

4. The service

Hermes provides software-as-a-service infrastructure for designing, deploying, and operating AI voice agents, including multi-workspace management, white-label demo surfaces, customer-relationship management features, campaign orchestration, and billing. The Service is delivered as a hosted product; you are not granted any right to download, copy, or self-host the Service software.

5. Acceptable use

You agree not to use the Service to:

• Place unsolicited or unlawful calls in violation of the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, or comparable laws in any applicable jurisdiction.
• Impersonate a real human in a manner that materially deceives callers about agent identity, where applicable laws require disclosure.
• Access, store, or process personal information in violation of the GDPR, CCPA/CPRA, HIPAA, or other applicable privacy laws.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service, except to the extent expressly permitted by applicable law.
• Resell, sublicense, or white-label the Hermes brand or platform without an active reseller agreement signed by an authorized Hermes representative.
• Use the Service to compete with Hermes by building or operating a substantially similar voice-agent operating platform.
• Attempt to circumvent usage limits, security controls, or rate limits.
• Upload malware, attempt to disrupt the Service, or interfere with other Customers’ use.

We may suspend or terminate Accounts that violate these provisions, with or without notice depending on the severity of the violation.

6. Operator obligations

If you use the Service as an Operator, you are the front-line vendor to your End Businesses and remain solely responsible for: (a) the content, configuration, and behavior of agents you deploy; (b) lawful collection and documentation of consent from individuals whose data is processed; (c) your contractual relationships with End Businesses, including pricing, support, and service-level commitments; and (d) compliance with industry-specific regulations (e.g., HIPAA for healthcare, GLBA for financial services) where they apply to your End Businesses.

6.1 Telephone Recording and AI Disclosure Compliance

Operator acknowledges that when Hermes voice agents place or receive telephone calls, those calls may be recorded for quality assurance, training, and audit purposes. Operator is solely responsible, with respect to every call placed or received through the Service, for:

• (a) Establishing the legal basis to contact the call recipient under the Telephone Consumer Protection Act (47 U.S.C. § 227), including obtaining any required prior express consent or prior express written consent, honoring the National Do Not Call Registry, and complying with all applicable state and federal calling laws;
• (b) Obtaining and documenting any consent to record the call required by federal law (18 U.S.C. § 2511) and by the law of every jurisdiction in which any party to the call is located, including the laws of California (Cal. Penal Code § 632), Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, and any other one-party or two-party consent jurisdiction whose law applies to the call;
• (c) Configuring the voice agent to clearly and audibly inform the call recipient at the beginning of the call that the call is being recorded, in jurisdictions where that disclosure is required;
• (d) Configuring the voice agent to truthfully identify itself as an artificial intelligence, and not a human, whenever the recipient asks any reasonable variation of “Am I speaking to a person?”, “Are you a robot?”, or similar, in compliance with California Business and Professions Code § 17941 (“BOT Act”) and all analogous state and federal AI-disclosure requirements;
• (e) Maintaining records of the consents and disclosures required by this Section 6.1 for at least the longer of (i) the statute of limitations applicable to the relevant claim or (ii) seven (7) years from the date of the call.

6.2 Prohibited Calling Practices

Operator shall not use the Service to place calls to any individual under thirteen (13) years of age, to any phone number on the National Do Not Call Registry without an applicable exemption, or for any purpose that constitutes harassment, fraud, intimidation, impersonation of a government official, or unfair or deceptive acts under any state consumer protection act, including but not limited to the New York General Business Law § 349, the California Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.), and the Massachusetts Consumer Protection Act (Mass. Gen. Laws Ch. 93A). A full enumeration of acceptable and prohibited practices is available in our Acceptable Use Policy, which is incorporated into these Terms by reference.

7. Fees and billing

Subscription plans are charged monthly in advance unless otherwise agreed in writing. Voice overage is charged at $0.24 per minute, knowledge bases at $12 per month each, and A2P 10DLC submissions are passed through at $30 per submission. Fees are exclusive of taxes; you are responsible for any sales, use, value-added, or similar taxes imposed on the Service. We will email an invoice at least seven (7) days before each renewal. Failure to pay invoices within thirty (30) days of the due date may result in suspension; failure within sixty (60) days may result in termination.

8. Founding-member pricing

Customers who subscribed prior to the public launch on June 6, 2026 receive founding-member pricing for the life of their Account, provided billing is continuous. If you cancel and later return, founding-member pricing does not automatically reinstate; renewal occurs at then-current list price.

8.1 Beta Status and Data Disclaimer

Operator acknowledges that the Service is currently in a private beta phase. During the beta phase: (i) features, integrations, pricing, and underlying infrastructure are subject to change without notice; (ii) Hermes does not warrant any specific service availability or uptime, and the SLA in Section 10 does not apply during the beta phase; (iii) Hermes reserves the right to migrate, archive, or delete data created during the beta phase prior to general availability, provided that Hermes will provide Operator with at least thirty (30) days advance notice and a reasonable means to export such data; and (iv) Operator should not rely on the Service for any mission-critical workload during the beta phase.

9. Cancellation and refunds

You may cancel your Account at any time via Account Settings. Cancellation takes effect at the end of the current paid period, and the Service remains available until that date. We do not provide refunds for partial months, unused minutes, or previously paid periods, except where required by applicable law or in our discretion for billing errors.

10. Service availability and SLA

We target 99.7% monthly uptime, measured at the platform level. Scheduled maintenance is announced at least 48 hours in advance via email and our status page. We are not liable for downtime caused by upstream providers (including but not limited to Vapi, Retell, and Twilio), force majeure events, or factors outside our reasonable control. Service-level credits, where available, are described in your applicable order form.

11. Intellectual property

The Service, including all software, designs, logos, brand marks, documentation, and content created by Hermes, is owned by Hermes and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service during your subscription, subject to these Terms. You retain all rights to your Customer Data; you grant us a limited license to host, transmit, and process Customer Data only as necessary to provide the Service.

12. Customer feedback

If you submit feature requests, bug reports, or other feedback, you grant Hermes a perpetual, royalty-free, worldwide license to incorporate that feedback into the Service without obligation to you.

13. Confidentiality

Each party agrees to protect the other’s confidential information with the same care it uses for its own confidential information of similar sensitivity, and not to disclose it except to personnel and contractors with a need to know who are bound by comparable confidentiality obligations. This obligation survives termination of these Terms for a period of three (3) years.

14. Privacy

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

14.1 Data Processing Addendum

For Operators that process personal data of individuals located in the European Economic Area, the United Kingdom, or Switzerland, or that are otherwise subject to the General Data Protection Regulation (Regulation (EU) 2016/679), the UK Data Protection Act 2018, or analogous data protection laws, Hermes makes available a Data Processing Addendum (the “DPA”) that incorporates the European Commission Standard Contractual Clauses (Decision (EU) 2021/914) where required.

The current DPA is available at /dpa or by written request to hello@buildwithhermes.com. By using the Service to process such personal data, Operator agrees to be bound by the DPA in addition to these Terms. In the event of a conflict between the DPA and these Terms with respect to the processing of personal data, the DPA shall control.

15. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. HERMES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA TRANSMITTED THROUGH THE SERVICE WILL BE SECURE.

15.1 No Substitute for Human Judgment; AI Limitations

THE SERVICE INCLUDES AI-DRIVEN VOICE AGENTS THAT MAY MAKE MISTAKES, PRODUCE INCORRECT OR INCOMPLETE RESPONSES, MISUNDERSTAND HUMAN SPEECH, FAIL TO ACCURATELY TRANSCRIBE CONVERSATIONS, OR INCORRECTLY SCHEDULE, RESCHEDULE, OR CANCEL APPOINTMENTS. AI VOICE AGENTS ARE NOT A SUBSTITUTE FOR LICENSED PROFESSIONAL JUDGMENT (INCLUDING MEDICAL, LEGAL, FINANCIAL, OR MENTAL HEALTH ADVICE) AND OPERATOR MUST NOT CONFIGURE OR USE THE SERVICE TO PROVIDE SUCH ADVICE OR TO MAKE DECISIONS THAT REQUIRE LICENSED PROFESSIONAL JUDGMENT. OPERATOR IS SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND CORRECTING ANY OUTPUT OF THE SERVICE BEFORE RELYING ON IT IN OPERATOR’S BUSINESS OPERATIONS. HERMES MAKES NO WARRANTY THAT AI VOICE AGENTS WILL PERFORM WITH ANY PARTICULAR ACCURACY ACROSS DIFFERENT ACCENTS, DIALECTS, AGE GROUPS, OR DISABILITIES, AND OPERATOR IS RESPONSIBLE FOR MONITORING THE SERVICE FOR DISPARATE PERFORMANCE ACROSS PROTECTED CLASSES AND TAKING REMEDIAL ACTION AS REQUIRED BY APPLICABLE LAW.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HERMES’ AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID HERMES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL HERMES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE).

17. Indemnification

You agree to defend, indemnify, and hold harmless Hermes and its officers, employees, and agents from any third-party claim, demand, or proceeding arising out of: (a) your breach of these Terms; (b) Customer Data uploaded by or on behalf of you; (c) your violation of applicable law, including but not limited to the TCPA and applicable privacy laws; or (d) your relationships with End Businesses. We will provide prompt notice of any such claim and reasonable cooperation in the defense at your expense.

17.1 Operator-Specific Indemnification for Calls and Recordings

In addition to and without limiting the indemnification obligations set forth elsewhere in this Section 17, Operator shall defend, indemnify, and hold harmless Hermes, its affiliates, and their respective officers, directors, employees, and agents from and against any and all third-party claims, demands, suits, governmental investigations, fines, penalties, damages, losses, and reasonable attorneys’ fees and costs arising out of or relating to:

• (a) Any call placed, received, recorded, or otherwise initiated through the Service by or on behalf of Operator, including any claim that such call violated the Telephone Consumer Protection Act (47 U.S.C. § 227), the Federal Wiretap Act (18 U.S.C. § 2511), the California Invasion of Privacy Act (Cal. Penal Code §§ 630–637.9), any other federal, state, provincial, or foreign wiretap, eavesdropping, or recording-consent statute, or any analogous statute, regulation, or common law;
• (b) Any failure by Operator to obtain a legal basis to contact the recipient, to obtain any required recording consent, to provide any required pre-call disclosure, or to configure the voice agent as required by Section 6.1;
• (c) Any claim that the voice agent failed to identify itself as artificial intelligence when required under California Business and Professions Code § 17941 (BOT Act) or any analogous law;
• (d) Any claim under any state consumer protection act arising from the content, conduct, or impersonation practices of any voice agent configured or deployed by Operator.

Operator’s obligations under this Section 17.1 survive termination of this Agreement.

18. Termination

Either party may terminate these Terms for cause if the other party materially breaches and fails to cure within thirty (30) days of written notice. We may terminate immediately for breaches of Section 5 (Acceptable Use) or for non-payment beyond sixty (60) days. Upon termination, your right to access the Service ends; you may export Customer Data for thirty (30) days post-termination, after which we may delete it in the ordinary course.

19. Modifications

We may update these Terms as our Service evolves or as required by law. Material changes will be communicated by email to all Account holders at least thirty (30) days before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

20. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any dispute arising from these Terms, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

21. General provisions

These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between the parties on this subject and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will continue in full force. Hermes’ failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; Hermes may assign without consent in connection with a merger, acquisition, or sale of assets. Notices to Hermes should be sent to hello@buildwithhermes.com.

22. Contact

Questions about these Terms? Email hello@buildwithhermes.com or reach the founding team on Discord.