Hermes service agreement

1. Parties and acceptance

This agreement is between 8Examples Inc., a corporation based in Calgary, Alberta, Canada (“8Examples,” “we,” or “us”) and the person or organization accepting it (“you”). By checking the acceptance box, redeeming a trial, completing checkout, or using a Hermes AI Worker, you agree to this agreement and the Hermes privacy notice. If you act for an organization, you represent that you have authority to bind it. You must be at least 18.

2. The service

Hermes Agent is open-source, AI-powered automation software created by Nous Research, hosted and configured by 8Examples. It can create, modify, and retain its own skills and memory over time. It may communicate, create content, browse, call tools, operate accounts, process files, send messages, schedule tasks, and take other actions based on your instructions, configuration, integrations, and third-party AI models. Features may be experimental and may change.

AI output and actions can be inaccurate, incomplete, biased, offensive, delayed, duplicated, unexpected, or harmful. Hermes is not a human employee, fiduciary, licensed professional, security authority, or guaranteed substitute for human judgment.

3. Your control and responsibility

You control the purposes for which Hermes is used, the instructions it receives, the people allowed to use it, and the systems, credentials, permissions, data, money, and tools it can reach. You are solely responsible for:

• reviewing outputs and supervising consequential actions;
• using least-privilege credentials, spending limits, approval gates, backups, and separate test environments;
• obtaining all permissions, notices, and consents required for data, recordings, communications, accounts, and third-party systems;
• the legality, accuracy, and consequences of instructions, content, and actions;
• protecting credentials and promptly reporting suspected compromise; and
• not relying on Hermes for emergencies or as the sole control for safety-critical, financial, legal, medical, employment, housing, insurance, credit, or similarly high-impact decisions.

4. Legal compliance, prohibited use, and misuse

You must comply with all laws, regulations, orders, licensing requirements, codes, and legally binding rules applicable to you, your organization, the people affected, the data processed, the place where an action occurs, and every jurisdiction into which Hermes communicates or provides a service. This includes, where applicable, privacy and data-protection, consent and recording, anti-spam and telemarketing, artificial-intelligence, consumer-protection, intellectual-property, employment, human-rights, financial-services, health, professional-services, sanctions, trade, and export-control requirements. You are responsible for determining which laws apply and for obtaining legal or professional advice where needed.

You must not use or permit Hermes to:

• break any law, regulation, court order, contract, platform rule, privacy right, intellectual-property right, or access restriction;
• commit fraud, deception, impersonation, theft, extortion, harassment, stalking, discrimination, defamation, or abuse;
• send unlawful spam or marketing, conduct deceptive outreach, or violate CASL or telemarketing rules;
• create, distribute, or facilitate malware, phishing, credential theft, unauthorized surveillance, security exploitation, denial of service, or unauthorized access;
• process illegal sexual content, child sexual abuse material, trafficking content, weapons activity, or instructions intended to cause physical harm;
• circumvent safeguards, conceal unlawful conduct, or misrepresent AI output as independently verified human work; or
• make autonomous decisions where law requires meaningful human review.

We may investigate suspected misuse and suspend or terminate access immediately where reasonably necessary to protect people, systems, providers, or legal compliance.

5. Accounts, integrations, and third parties

You authorize us to configure the accounts and integrations you request. Additional access increases risk. Third-party platforms, open-source components, telecommunications services, model providers, and integrations are governed by their own terms and may change, fail, suspend access, lose data, or suffer security incidents. We do not control or guarantee them. You must maintain any independent records or backups you need.

6. Fair use and resource limits

The service is offered for reasonable business use on shared infrastructure. Unless an order form expressly promises a dedicated amount, no subscription includes unlimited LLM tokens, model calls, storage, CPU time, memory, network traffic, email, messages, telephone usage, tool calls, concurrent work, or other computing resources. “Unlimited” or similar marketing language, if used, means normal use subject to this fair-use section and does not authorize automated resale, resource pooling, cryptomining, bulk generation, load testing, denial-of-service activity, or usage that is unusually intensive, abusive, wasteful, unlawful, uneconomic, or disruptive.

8Examples may measure resource consumption and may establish or change reasonable per-account, per-task, daily, monthly, concurrency, rate, storage, model, or cost quotas. We may require a paid upgrade or additional charges before allowing usage beyond a quota. We may throttle, queue, restrict features or models, reject tasks, remove stored material, suspend service, revoke access, or terminate an account immediately and without prior warning where we reasonably believe usage threatens security, legal compliance, service availability, infrastructure capacity, provider limits, cost control, or another customer’s service, or otherwise materially violates fair use. Where practicable and the circumstances are not urgent or abusive, we may try to provide notice and an opportunity to reduce usage, but are not required to do so. Enforcement does not create liability or a refund right except where mandatory law requires one.

7. Trials, fees, renewal, and cancellation

The price, currency, included services, trial duration, renewal cadence, taxes, and optional charges are shown before checkout. A standard paid checkout may include the advertised introductory trial. A minted promotional trial runs for 30 days after redemption unless a different period is prominently disclosed. Trial codes normally must be redeemed within 30 days after minting and may be revoked before redemption.

Paid subscriptions renew monthly until cancelled. You authorize Stripe to charge the payment method on file. You can cancel through 8examples.com/account. Cancellation stops future service and charges subject to any mandatory consumer rights. Fees already earned are non-refundable except where law or an express refund term requires otherwise.

8. Domains and ancillary services

If a domain is included, it is registered for the stated initial term and is yours to transfer. Unless explicitly purchased, renewal after the included term is not promised. You are responsible for transferring or renewing it before expiry. Mailboxes, phone numbers, websites, and other trial or subscription resources may be removed when service ends.

9. Security and security-risk acknowledgment

We use reasonable administrative, technical, and infrastructure measures intended to reduce risk, such as access controls, segregation, monitoring, updates, backups where stated, and provider safeguards. Cybersecurity is a shared responsibility and no measure can prevent every vulnerability, misuse, model failure, credential compromise, provider incident, malicious act, or human error.

You knowingly accept that Hermes’s broad capabilities and any additional access you grant can result in unauthorized or mistaken actions, account compromise, data loss or disclosure, privacy incidents, reputational harm or embarrassment, financial loss, regulatory exposure, service interruption, and harm to third parties.

10. Privacy and customer data

Our collection and handling are described in the Hermes privacy notice. As between you and 8Examples, you retain ownership of your content. You grant us a limited licence to host, transmit, process, copy, and disclose it as necessary to provide, secure, support, and comply with law for the service. You represent that you have authority to provide all customer data and instructions.

11. Suspension, termination, and deletion

We may suspend or terminate the service for non-payment, expiry, material breach, misuse, legal risk, security risk, provider restriction, discontinuation, or a fair-use violation. On cancellation or termination, the claw environment and service backups are scheduled for destruction and become permanently non-recoverable. Credentials, mailbox, phone number, hosted site, and integrations may stop working. Limited billing, consent, security, and legal records may remain where required or reasonably necessary. Domain-registration records and the domain itself are handled separately so you can retain or transfer the domain through its registration term.

12. No warranties

To the fullest extent permitted by law, Hermes is provided “as is,” “as available,” and at your own risk. 8Examples disclaims all express, implied, statutory, and collateral warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, security, availability, compatibility, results, and that errors or harmful actions will be prevented. No oral statement creates a warranty.

13. Limitation of liability

To the fullest extent permitted by law, 8Examples Inc. and its directors, officers, employees, contractors, affiliates, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, aggravated, or punitive damages; loss of profit, revenue, savings, opportunity, goodwill, reputation, data, privacy, or use; business interruption; account compromise; data leak; embarrassment; financial loss; third-party claim; regulatory penalty; or cost of substitute services arising from Hermes, even if advised that such harm was possible.

To the fullest extent permitted by law, aggregate liability for all claims relating to a Hermes AI Worker will not exceed the greater of (a) amounts you paid to 8Examples for that Hermes during the three months before the event giving rise to the claim and (b) CAD $100. The allocation of risk in this section is an essential basis of the price.

Nothing in this agreement excludes liability that cannot lawfully be excluded, or limits non-waivable statutory rights. Any exclusion that is unenforceable will be narrowed only as much as necessary. For clarity, this agreement does not purport to exclude liability for 8Examples’ fraud, wilful misconduct, or gross negligence where such exclusion is prohibited or contrary to public policy.

14. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless 8Examples and its personnel from claims, losses, liabilities, penalties, and reasonable legal costs arising from your content, instructions, integrations, breach of this agreement, unlawful use, infringement, or harm to a third party, except to the extent caused by 8Examples’ conduct for which indemnity cannot lawfully be required.

15. Governing law and disputes

Alberta law and applicable Canadian federal law govern. Before filing a claim, the parties will try in good faith for 30 days to resolve it by contacting [email protected]. Courts in Calgary, Alberta have exclusive jurisdiction, subject to non-waivable consumer rights. Nothing requires a consumer to waive a remedy that Alberta’s Consumer Protection Act makes non-waivable.

16. General

This agreement, the accepted checkout disclosure, the Hermes privacy notice, and any signed order form are the entire agreement for the service. If terms conflict, a signed order form controls, then this agreement, then general website terms. Invalid terms are severed or narrowed; the rest remains effective. You may not assign without consent; we may assign in a corporate transaction. Delay is not waiver. Sections intended by nature to survive do survive. We may update terms prospectively, with notice for material changes. Contact 8Examples Inc., Calgary, Alberta, Canada at [email protected] or 587-288-6116.