Terms of Service
These Terms of Service ("Terms") are a legal agreement between you ("you" or "Customer") and D.Soft LLC, a company registered at Armenia, Yerevan, Komitas avenue 17 32 ("Hermesita", "we", "us"), governing your use of the Hermesita platform, including the website at hermesita.com, the dashboard at my.hermesita.com, and any related services (collectively, the "Service").
By creating an account, deploying a server, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. The Service
Hermesita is a self-service platform for provisioning and managing AI
agent servers (Hermes today, with additional engines such as OpenClaw
coming soon) on third-party cloud infrastructure (today:
DigitalOcean). When you create a server, we provision a DigitalOcean
droplet on your behalf, configure software on it, allocate a subdomain
under
hermesita.com, and issue a TLS certificate. You access
and operate the server through the dashboard and via standard internet
protocols.
2. Eligibility & accounts
You may use the Service only if:
- You are at least 18 years old or of the age of legal majority in your jurisdiction.
- You can form a legally binding contract with Hermesita.
- You are not barred from using the Service under the laws of your jurisdiction or those of Armenia.
You must register an account with accurate information and keep it up to date. You are responsible for safeguarding your credentials and for any activity that occurs on your account. Notify us at us immediately of any unauthorized use through your account dashboard.
3. Acceptable use
You agree not to use the Service to:
- Violate any law, regulation, or third party right.
- Send unsolicited bulk communications, spam, phishing, or malware.
- Host or distribute content that is illegal, defamatory, infringing, or that we determine in our reasonable discretion is abusive.
- Attack, probe, or attempt to compromise the Service, its infrastructure, other customers' servers, or the underlying DigitalOcean platform.
- Use the Service to mine cryptocurrency.
- Resell the Service without our prior written consent.
We may suspend or terminate any server, account, or both — without refund — if we determine that you are violating this section. We will give you reasonable notice where practical, but reserve the right to act immediately for severe violations.
4. Fees, billing & refunds
Pricing is published at hermesita.com/pricing. Each server is billed monthly in advance. We use Paddle.com Market Ltd as our merchant of record; Paddle charges your payment method, issues invoices, and handles taxes where applicable.
When you delete a server, we calculate the unused portion of the current billing period (prorated to the hour) and request a refund of that amount from Paddle. Refunds typically land on your statement within 5–10 business days, depending on your bank.
Other than the prorated refund on deletion, all fees are non-refundable. See our refund policy for details.
5. Your content & your servers
Servers you provision through Hermesita are yours to operate. We do not access the contents of your servers (data on the disk, traffic in flight, AI conversations, etc.) except when strictly necessary to provision, support, or audit the Service, or as required by law. We do not back up or snapshot your servers; when you delete a server, its data is destroyed along with the droplet.
You retain all rights to the content you store on or transmit through your servers ("Your Content"). You grant Hermesita a limited, non-exclusive license to host, process, and transmit Your Content strictly to provide the Service.
6. Third-party services
The Service relies on third parties including but not limited to DigitalOcean (compute and DNS), Let's Encrypt (TLS certificates), Paddle (billing), and Amazon SES (email delivery). Their respective terms apply to those components. Hermesita is not responsible for outages or changes in policy of these providers, although we'll do our best to minimize impact.
7. Service availability
The Service is provided on a best-effort basis. We do not offer a contractual uptime guarantee at this time. We will give reasonable notice of scheduled maintenance via the dashboard or by email.
8. Termination
You may stop using the Service and close your account at any time by emailing us through your account dashboard. Outstanding servers will be deleted and any prorated refund issued per Section 4. We may terminate or suspend your access (with or without notice) for violations of these Terms, prolonged non-payment, or any reason permitted by law.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERMESITA'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) USD $100. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
11. Indemnification
You agree to indemnify and hold harmless Hermesita and its officers, employees, and agents from any claim, damage, or expense (including reasonable attorneys' fees) arising out of your use of the Service or your violation of these Terms.
12. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced by email to the address on your account or via the dashboard at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
13. Governing law & disputes
These Terms are governed by the laws of Armenia, without regard to its conflict-of-laws principles. Any dispute will be brought exclusively in the courts of Armenia, and you consent to personal jurisdiction there.
14. Contact
Questions about these Terms can be sent through your account dashboard.