Hermessage - Terms of Service

1. Introduction

Welcome to Hermessage, an email automation platform designed to help creators and entrepreneurs manage their inbound communications more efficiently. These Terms of Service ("Terms") govern your access to and use of Hermessage.ai and related services (collectively, the "Service").

By registering for an account or using any part of our Service, you agree to be bound by these Terms. If you're using our Service on behalf of an organization, you're agreeing to these Terms on behalf of that organization, and you represent that you have the authority to do so.

Please read these Terms carefully. If you do not agree with these Terms, you may not access or use the Service.

2. Service Description

Hermessage provides email automation tools that connect to your existing email accounts to help manage, organize, and respond to incoming communications. Our Service enables automated responses, follow-up communications, and email workflow management for creators, entrepreneurs, and businesses.

3. Account Registration and Requirements

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

3.2 Age Requirements

You must be at least 16 years old to use the Service. By using the Service, you represent that you meet this requirement.

3.3 Account Security

You agree to:

Keep your password secure and confidential
Update your account information promptly if it changes
Notify us immediately of any unauthorized access to or use of your account

4. Your Content and Data

4.1 Definition of Your Content

"Your Content" means any data, information, or material that you upload, submit, or otherwise transmit to or through the Service, including email content, templates, and contact information.

4.2 Ownership and License

You retain all rights to Your Content. By providing Your Content to the Service, you grant Hermessage a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Your Content solely as necessary to provide and maintain the Service and as described in our Privacy Policy.

4.3 Responsibility for Your Content

You are solely responsible for Your Content and represent that:

You have all necessary rights to submit Your Content to the Service
Your Content does not infringe or misappropriate any third party's intellectual property or other rights
Your Content does not violate any applicable laws or regulations

4.4 Email Data

When you connect email accounts to Hermessage:

You authorize us to access, manage, and send emails on your behalf
You remain responsible for the content of automated messages sent through our Service
You agree to use these features in compliance with applicable laws including anti-spam regulations

5. Acceptable Use

5.1 General Prohibitions

You agree not to:

Use the Service for any illegal purpose or in violation of any laws
Send spam, unsolicited messages, or engage in deceptive marketing practices
Interfere with or disrupt the integrity or performance of the Service
Attempt to gain unauthorized access to the Service or related systems
Use the Service to harm, threaten, or harass any person
Collect or harvest user information without proper authorization
Impersonate another person or entity

5.2 Email Usage Restrictions

You agree not to use Hermessage to:

Send communications that violate applicable anti-spam laws (such as CAN-SPAM, CASL, or GDPR)
Send messages containing malware, viruses, or other harmful code
Engage in phishing or other deceptive practices
Send content that is discriminatory, defamatory, or otherwise offensive

5.3 Compliance with Email Provider Terms

You are responsible for ensuring your use of Hermessage complies with the terms of service of any email providers you connect to our Service (such as Google, Microsoft, or other email service providers).

6. Subscription and Payment

6.1 Subscription Options

Hermessage offers various subscription plans. Details of features included in each plan are available on our website.

6.2 Payment Terms

Subscription fees are billed in advance on a recurring basis
All fees are exclusive of taxes unless stated otherwise
You authorize us to charge the payment method you provide
If we are unable to process payment, we may suspend or terminate your account

6.3 Subscription Changes

You may change or cancel your subscription at any time through your account settings
Downgrades will take effect at the end of your current billing cycle
No refunds will be issued for partial subscription periods unless required by law

6.4 Price Changes

We may change our prices at any time. We will give you reasonable notice before any price change affects you.

7. Intellectual Property Rights

7.1 Hermessage Intellectual Property

The Service, including its text, graphics, logos, and software, is owned by Hermessage and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use our trademarks, logos, or other brand elements.

7.2 Feedback

If you provide feedback or suggestions about our Service, we may use this information without any obligation to you.

8. Privacy and Data Security

8.1 Privacy Policy

Our Privacy Policy, available at https://hermessage.ai/privacy, describes how we collect, use, and share your information and is incorporated into these Terms.

8.2 Data Security

We implement reasonable security measures to protect your data. However, no security system is impenetrable, and we cannot guarantee the absolute security of your data.

8.3 Service Providers

We may use third-party service providers to help us deliver the Service. These providers are bound by contractual obligations to protect your data.

9. Termination and Suspension

9.1 Termination by You

You may terminate your account at any time by following the instructions on our website or contacting us at info@hermessage.ai.

9.2 Termination by Hermessage

We may suspend or terminate your access to the Service:

If you violate these Terms
If your usage poses a security risk or could harm other users
If payment for your subscription fails
If we are required to do so by law

9.3 Effect of Termination

Upon termination:

Your right to access and use the Service will end
We may delete Your Content after a reasonable period of time
Provisions of these Terms that by their nature should survive termination will continue in effect

10. Disclaimers and Limitations of Liability

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HERMESSAGE SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Service Performance

We do not warrant that:

The Service will meet your specific requirements
The Service will be uninterrupted, timely, secure, or error-free
The results from using the Service will be accurate or reliable
All defects in the Service will be corrected

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERMESSAGE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
ANY CONTENT OBTAINED FROM THE SERVICE
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

10.4 Cap on Liability

IN NO EVENT SHALL HERMESSAGE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO HERMESSAGE FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hermessage and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees) arising from:

Your use of and access to the Service
Your violation of any term of these Terms
Your Content, including third-party claims that Your Content infringes or violates their rights
Your violation of any applicable law or the rights of a third party

12. General Legal Terms

12.1 Governing Law

These Terms shall be governed by the laws of [Your Governing Jurisdiction], without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through:

Good faith negotiations between the parties
If negotiations fail, through binding arbitration conducted in [Your Jurisdiction] under the rules of [Relevant Arbitration Association]
Class actions and jury trials are expressly waived by both parties

12.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hermessage regarding the Service and supersede all prior agreements.

12.4 Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect

12.5 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

12.6 Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

12.7 Notices

Notices to you may be sent via email or posted on our website. Notices to us should be sent to info@hermessage.ai.

13. Third-Party Services and APIs

13.1 Third-Party Services

The Service may integrate with or contain links to third-party websites or services. We are not responsible for the content or practices of these third parties, and your use of such websites or services is at your own risk.

13.2 Email Provider APIs

When you connect email accounts through APIs (like Google's Gmail API):

You authorize Hermessage to interact with your email account according to the permissions you grant
You remain responsible for complying with all terms and policies of your email service provider
Our use of data received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: info@hermessage.ai
Website: https://hermessage.ai

15. Special Provisions for Specific Jurisdictions

15.1 European Users

If you are a user in the European Economic Area:

The governing law and dispute resolution provisions may be limited by mandatory consumer protection laws in your country
You have the right to withdraw from contracts within 14 days under applicable consumer protection laws

15.2 California Users

If you are a California resident:

You may have additional rights under California consumer protection laws
Dispute resolution provisions may be limited by California law

By using Hermessage, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.