Effective date: May 24, 2026
Last updated: May 24, 2026
In these Terms of Service ("Terms"), capitalized words have the meanings set out below. Other defined terms appear elsewhere in this document.
By accessing the Service, creating an Account, clicking "I agree" (or similar), or paying for any Plan, you agree to these Terms and our Privacy Policy and Cookie Policy, which are incorporated by reference. If you accept these Terms on behalf of an organization, you represent that you have the authority to bind that organization, in which case "you" refers to that organization.
If you do not agree, you must not use the Service. We may decline service or close any Account at our discretion as permitted by these Terms and applicable law.
You must be at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into a binding contract. The Service is not intended for, and we do not knowingly accept registrations from, persons under that age. You must not use the Service if you are barred by applicable law from receiving it (including under U.S., U.K., EU, or U.N. sanctions or export-control regimes).
You must provide accurate, current, and complete information when creating an Account, and update it as needed. You are responsible for:
We are not liable for any loss arising from unauthorized use of your Account when caused by your failure to maintain reasonable credential security.
The Service is a hosted software platform that enables Customers to create, host, and manage websites for themselves or their clients. Features may include AI-assisted page generation, content management, an editor, hosting on Amazon Web Services, custom-domain configuration, payment and billing tools, agency dashboards, white-label rebranding, and integrations with third-party tools.
We continually develop and improve the Service. We may add, modify, deprecate, or remove features at our sole discretion. For Lifetime Deal Customers, we will use commercially reasonable efforts to maintain core functionality as set out in Section 6.
Lifetime Deal purchases are governed by the following additional terms, which take priority over conflicting general statements elsewhere in these Terms.
"Lifetime" means the operational lifetime of the Service or of your LTD Plan tier, whichever is shorter. It does not mean the natural lifetime of any individual user. We do not guarantee that the Service will exist forever, and your LTD does not entitle you to compensation if the Service is discontinued in accordance with Section 6.5.
Each LTD Plan includes the features and limits described on the LTD landing page in effect at the time of your Order, including the number of websites included for the relevant Plan tier. We may add new features that are not part of the LTD Plan and offer them as paid add-ons.
LTD Plans include reasonable usage limits. We may impose technical or business limits on storage, bandwidth, AI generations, custom-domain count, team members, and similar resources where required to prevent abuse or maintain Service stability. Where limits apply, we will document them in the Plan description or Documentation.
LTD Plans are licensed to the original purchaser. You may not sell, lease, sublicense, or otherwise transfer your LTD Account to a third party without our prior written consent, which we may grant or withhold at our discretion.
If we permanently discontinue the Service, we will give LTD Customers at least ninety (90) days' written notice, provide a means to export Customer Content where commercially reasonable, and offer a pro-rated good-faith credit (such as migration assistance or partial refund) only where required by applicable law. Beyond such legal requirements, LTD Customers acknowledge that the one-time payment is not refundable on discontinuation.
Elite-tier LTD Plans grant you the right to resell websites and white-labeled access to your own clients, subject to Section 9 (Acceptable Use), Section 10 (White-Label and Reseller Obligations), and applicable law. The Pro-tier LTD does not grant resale rights for the platform itself; you may use Pro-tier websites for any lawful purpose.
Fees are set out at checkout or in your Order. Unless stated otherwise, fees are exclusive of taxes, levies, or duties imposed by taxing authorities, which you are responsible for paying. Where we are required to collect taxes, we will add them at checkout.
Monthly and annual subscriptions automatically renew at the end of each billing cycle unless cancelled before renewal. You authorize us (and our payment processor) to charge your payment method on each renewal at the then-current price.
We may change subscription prices on at least thirty (30) days' written notice. Price changes take effect on the next renewal after the notice period. Lifetime Deal pricing is locked at the price you paid; we will not retroactively charge LTD Customers a higher fee.
If a payment fails, we may retry, restrict feature access, or suspend the Account. You remain responsible for any amounts owing.
Please contact us at hi@designwithhermes.com before disputing a charge with your bank. Filing a chargeback without first contacting us may result in immediate Account suspension and may waive any refund rights you would otherwise have.
You may request a full refund of an LTD purchase within thirty (30) days of payment, provided that you have not (a) substantially used the white-label or resale features beyond evaluation, (b) generated significant volumes of AI content, or (c) violated these Terms. We may refuse refunds where we reasonably determine the refund right is being abused.
You may cancel a monthly or annual subscription at any time from your Account settings. Cancellation stops future renewals; we do not pro-rate refunds for unused time within a billing period unless required by applicable law.
Nothing in this Section limits any non-waivable consumer rights you have under applicable law (including any statutory withdrawal right under EU/UK consumer law, where applicable).
You will not, and will not permit any End User to:
We may, on notice or (where the violation is severe or ongoing) without notice, suspend or terminate Accounts that violate this Section. We may remove offending content where we reasonably determine it violates these Terms, applicable law, or a valid third-party complaint.
If your Plan grants white-label or reseller rights, you act as an independent operator and not as our agent. You are solely responsible for:
You will indemnify and hold us harmless against any claim arising out of your white-label operations, except to the extent caused by our breach of these Terms.
You retain all rights, title, and interest in your Customer Content. We do not claim ownership of your Customer Content.
You grant Hermes a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, transmit, display, modify (for technical purposes such as resizing or transcoding), back up, and otherwise process your Customer Content solely as needed to provide and improve the Service, secure it against abuse, comply with law, and produce de-identified analytics. This license terminates when you delete the Customer Content or close your Account, except for residual back-ups in line with our retention schedule and as set out in our Privacy Policy.
You represent and warrant that you have all rights, consents, and permissions necessary for your use of the Customer Content with the Service, that the Customer Content does not infringe third-party rights, and that it complies with applicable law.
The Service may produce AI-generated text, images, code, or other output ("AI Output"). AI Output is provided "as is" and may be inaccurate, offensive, or unsuitable for your purpose. You are responsible for reviewing AI Output before publication and for ensuring its use does not infringe third-party rights or violate law. You own AI Output you generate within your Account, subject to the rights and limits of any underlying model providers. Hermes makes no warranty that AI Output is original, factual, or non-infringing.
The Service, Documentation, base templates, the Hermes name, the Hermes logos, and all related software, designs, and trademarks are owned by Hermes or its licensors. Except for the limited rights expressly granted to you, no rights to our intellectual property are transferred under these Terms.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes (and, if your Plan permits, for resale to End Users under your white-label brand).
If you provide us with feedback, suggestions, or improvement ideas, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.
The Service integrates with third-party products (for example: AWS hosting, Stripe payments, AI model providers, analytics, email services, and YouTube embeds). Your use of those third-party products is subject to their own terms and privacy policies, and we are not responsible for them. We may suspend any integration if a third-party provider changes its terms or terminates its service.
Our processing of personal data is described in our Privacy Policy. Where you process personal data of End Users through the Service, you act as the controller (or business) and we act as your processor (or service provider) within the meaning of GDPR/UK GDPR/CCPA. The data-processing terms in our Privacy Policy and any separate Data Processing Addendum we make available govern that processing.
Each party may disclose to the other non-public information about its business, technology, or roadmap ("Confidential Information"). Each party will protect the other's Confidential Information with at least the same care it uses for its own confidential information of like importance, will not disclose it except to personnel and advisors who need to know and are bound by confidentiality obligations, and will use it only to perform under these Terms. This Section does not apply to information that is public, independently developed, lawfully obtained from a third party without restriction, or required to be disclosed by law (in which case the receiving party will give reasonable advance notice where lawful).
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, AI OUTPUT, TEMPLATES, AND ANY MATERIALS WE PROVIDE ARE OFFERED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY SPECIFIC OUTCOME (INCLUDING SEO RANKINGS, CONVERSIONS, OR REVENUE) WILL RESULT FROM ITS USE.
TO THE FULLEST EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
You will defend, indemnify, and hold harmless Hermes and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your or your End Users' use of the Service; (b) your Customer Content; (c) your violation of these Terms or applicable law; or (d) your white-label or reseller activities. We will promptly notify you of any such claim and reasonably cooperate in your defense at your expense.
You may stop using the Service and close your Account at any time. For paid Plans, see Section 8.
We may suspend or terminate your access to the Service immediately if: (a) you materially breach these Terms and fail to cure within ten (10) days of written notice (or immediately for breaches that cannot be cured or that pose an urgent risk); (b) you become insolvent or make an assignment for the benefit of creditors; (c) we are required by law or by a third-party rights holder; or (d) we discontinue the Service in accordance with Section 6.5.
On termination, your license to use the Service ends. We may delete Customer Content in line with our retention schedule (see Privacy Policy). You remain responsible for fees accrued before termination.
We may update these Terms from time to time. For material changes that adversely affect your rights, we will give you reasonable advance notice (typically by email and in-app notice) before they take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree, you must stop using the Service before the effective date.
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Any dispute will be brought exclusively in the state or federal courts located in Wilmington, Delaware, and each party consents to personal jurisdiction there. Nothing in this Section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Where mandatory consumer-protection law in your jurisdiction grants you the right to bring proceedings in your local courts, this Section does not limit that right.
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, wars, terrorism, civil unrest, government actions, labor disputes, internet or power outages, denial-of-service attacks, or pandemics. Affected obligations are suspended for the duration of the event.
You will comply with applicable export-control and sanctions laws, including those of the U.S., U.K., EU, and U.N. You represent that you are not located in, or a national of, a country subject to a comprehensive embargo, and are not on any restricted-party list.
We may give notices to you by email to the address on file, by in-app notification, or by posting on our website. You will give notices to us at hi@designwithhermes.com. Notices are effective when sent.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of substantially all of our assets, or by operation of law.
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be replaced with one that most closely reflects the original intent. Failure to enforce any right is not a waiver of that right.
These Terms, together with the Privacy Policy, Cookie Policy, any plan-specific terms presented at checkout, and any signed agreements between us, constitute the entire agreement between you and Hermes regarding the Service and supersede all prior or contemporaneous agreements on that subject.
Sections that by their nature should survive termination — including Sections 1, 11.1–11.3, 12, 14–18, 21, 24, 26, and 27 — will survive termination of these Terms.
For questions about these Terms, contact us at hi@designwithhermes.com.