Last Updated: 22.01.2025
These Terms of Service govern the subscription, access, and use of the Hercule.ai platform provided by Hercule.ai ("Hercule").
By creating an account, subscribing, or otherwise using the Service, the customer organization (“Customer”) agrees to be bound by these Terms. The individual accepting these Terms represents that they have the authority to bind the Customer to this Agreement.
1. Definitions
For the purpose of this Agreement, the following capitalized terms shall have the meanings defined below:
- "Agreement": The combination of these Terms and any corresponding Order Form or contractual document referencing these Terms.
- "Authorized User": The Customer subscribing to the Service as an individual or the Customer's employees, agents, contractors, or others authorized to use the Service.
- "Customer": The individual or entity that subscribes to the Service upon agreeing to this Agreement.
- "Service": The Hercule.ai platform in the form provided by Hercule from time to time and accessible via a web browser.
- "Data": The information, analyses, insights, and other content provided by the Service.
- "Order Form": A document specifying the subscription details, including fees and applicable terms.
2. Order of Precedence
These Terms, together with the Order Form, form the full contractual framework between the Parties. In case of a discrepancy, the Order Form shall take precedence.
3. Service Usage
3.1 License Grant
Hercule grants the Customer a limited, non-exclusive, non-transferable right to access and use the Service for internal business purposes. The Data provided is licensed for internal business use only.
3.2 Account Creation
- Customers must provide accurate and complete information when creating an account.
- Account credentials are personal and must not be shared.
- Hercule reserves the right to suspend or terminate accounts for violations of these Terms.
3.3 Restrictions
The Customer shall not:
- Modify, decompile, reverse engineer, or attempt to access the source code of the Service.
- Resell, sublicense, or distribute the Service or any part thereof.
- Use the Service in violation of applicable laws or regulations.
4. Changes to the Service
Hercule may update or modify the Service at any time. Significant changes affecting Customer usage will be communicated in advance. The continued use of the Service after updates constitutes acceptance of the changes.
5. Payment and Subscription
- Certain features require a paid subscription.
- Payments are processed securely, and all charges are non-refundable unless stated otherwise.
- Subscription renewals occur automatically unless canceled before the next billing cycle.
- Hercule reserves the right to adjust pricing upon renewal with prior notice.
6. Data Privacy and Security
- Personal data is handled in accordance with our Privacy Policy.
- Encryption and security measures are in place to protect Customer data.
- Users retain ownership of their data but grant Hercule a license to process it as required for service functionality.
7. Service Availability and Support
- Hercule strives for high uptime but does not guarantee uninterrupted service.
- Temporary downtime may occur due to maintenance, updates, or technical issues.
- Hercule is not responsible for data loss caused by system failures beyond its control.
8. Intellectual Property
- Hercule retains all rights, title, and interest in the Service, including trademarks, technology, and content.
- Customers may not reproduce, distribute, or modify any part of the Service without permission.
9. Termination
- Customers may terminate their subscription at any time.
- Hercule reserves the right to suspend or terminate access for violations of these Terms.
- Upon termination, access to the Service will be revoked, and any remaining fees will not be refunded.
10. Disclaimer and Liability
- The Service is provided "as is" without warranties of any kind.
- Hercule is not liable for any damages resulting from the use or inability to use the Service.
- Customers are responsible for ensuring their use of the Service complies with applicable laws.
11. Changes to these Terms
- Hercule may update these Terms from time to time.
- Continued use of the platform after changes constitutes acceptance of the new Terms.
12. Governing Law and Dispute Resolution
- These Terms are governed by the laws of Denmark.
- Disputes will be resolved through arbitration or the courts in Denmark.
For any inquiries regarding these Terms, contact us at support@hercule.ai.
