These Terms of Service govern the use of the Hermes platform, a Brazilian solution for customer service, automation, multichannel messaging and conversation management, offered as a SaaS (software as a service) model. Hermes centralizes channels such as WhatsApp, Instagram, Facebook, TikTok, Telegram, email and others, allowing teams, agents, history, automations and artificial intelligence features to be organized in a single environment. By registering for, subscribing to or using the platform, the Client declares that they have read, understood and agree to these Terms.
The platform is operated by Jéssica Naiara dos Santos, registered under CNPJ No. 42.182.370/0001-37, headquartered in Londrina/PR, Brazil. Questions, requests and contact can be made through the email contato@hermes.srv.br.
1. Introduction and Acceptance
Hermes provides technological tools to centralize messaging channels, organize customer service, automate workflows and support conversation management. These Terms form a contract between the Client and Hermes.
- Using the platform, registering or subscribing to any plan means full acceptance of these Terms.
- If the Client does not agree with any condition set out here, they must not use the platform.
- These Terms may be complemented by specific policies, such as the Privacy Policy and the Data Backup and Retention Policy.
2. Definitions
To make reading easier, some terms have the following meaning:
- Client: the individual or legal entity that subscribes to and uses the platform.
- User: any person who accesses the platform under the Client’s account.
- Account Administrator: the user responsible for managing the account, creating users, defining permissions and configuring the operation.
- Agent: the user who handles conversations and interacts with contacts through the connected channels.
- Platform: the Hermes system, including the panel, resources, integrations and features.
- Third-party channels: external messaging and communication services, such as WhatsApp, Instagram, Facebook, TikTok, Telegram, email and others.
- Official APIs: integration interfaces officially provided by third-party platforms.
- Unofficial methods: connection methods not approved by third-party platforms, when made available, used at the Client’s own risk.
- Client Data: information, messages, files and content entered or generated on the platform by the Client and its Users.
- Personal Data: information relating to an identified or identifiable natural person, as defined by applicable law.
- Content: texts, images, audio, video, documents and other materials transmitted or stored on the platform.
- Subscribed plan: the set of resources, limits and commercial conditions chosen by the Client.
3. Purpose of the Service
Hermes provides tools to centralize messaging channels, handle customer service with multiple users, create automations, use artificial intelligence features, organize contacts in a CRM with a Kanban view, keep conversation history and organize the operation by teams, departments and status.
- The platform allows connecting multiple WhatsApp numbers and multiple agents, with real-time management oversight.
- The storage of messages, files, audio, images and videos occurs according to the subscribed plan.
- Integrations may occur through official APIs and, when made available, through unofficial methods.
About results: Hermes does not guarantee increased sales, lead generation, revenue growth, customer recovery or any specific commercial result. The platform provides technological tools, but the results depend on the strategy, operation, team, offer and use carried out by the Client.
4. Registration and Administrator Responsibility
Registration must be carried out with truthful, complete and up-to-date data. The Account Administrator is primarily responsible for the operation carried out in the account.
- The Administrator is responsible for the users created, the permissions granted and the use made by the agents.
- The Administrator is responsible for the messages sent and the automations configured in the account.
- The Administrator must keep their credentials secure and not share them improperly.
- The Administrator must ensure compliance with the Brazilian General Data Protection Law (LGPD) and other applicable laws.
- The Client declares that they are over 18 years old or duly represented, with the legal capacity to contract.
5. Acceptable Use
When using the platform, the Client and its Users agree not to engage in, among other conduct:
- Sending spam, phishing, scams, fraud or abusive message blasts.
- Sharing illegal, discriminatory, defamatory content or content that violates third-party rights.
- Selling or promoting illegal products and services.
- Distributing viruses, malware or malicious links.
- Practices that violate the rules of Meta, WhatsApp, Instagram, Facebook, TikTok, Telegram or other platforms.
- Use that harms, overloads or compromises Hermes’s infrastructure.
- Reverse engineering, decompiling or attempting to access the platform’s source code.
The Client is solely responsible for the content it sends and for the practices it adopts when using the platform.
6. Suspension and Cancellation for Violation
Hermes may suspend, limit or cancel account access in the following situations:
- Violation of these Terms or applicable policies.
- Abusive use of the platform or its resources.
- Generation of technical, legal or reputational risk.
- Non-compliance with third-party platform policies.
Whenever possible and reasonable, Hermes may give prior notice of the measure adopted, but may act immediately when there is relevant risk.
7. Integrations with Third-Party Platforms
Hermes is an independent platform and is not WhatsApp, Instagram, Facebook, TikTok, Telegram, Meta or Google, nor does it have any controlling relationship with these companies.
- The functioning of the integrations depends on the services and decisions of these third-party platforms.
- Third parties may change their rules, APIs, limits, prices, availability and permissions at any time.
- Hermes does not control and cannot prevent bans, blocks, outages or instability of these platforms.
- The Client is responsible for complying with the policies and rules of each channel it uses.
- Unofficial methods, when made available, are used at the Client’s sole risk.
8. Official APIs and Unofficial Methods
Connection to channels may occur through official APIs or through unofficial methods, depending on availability.
- Official APIs: are subject to the rules, approvals, fees, limits and availability defined by the official platforms themselves, including any in-platform application approvals.
- Unofficial methods: may cause instability, blocking, banning or discontinuation at any time, without this representing any responsibility of Hermes.
9. Artificial Intelligence
The platform may offer artificial intelligence features to support customer service and automations.
- AI responses may contain errors, inaccuracies or incomplete information.
- It is the Client’s responsibility to review, validate and properly configure the AI features before using them.
- Hermes is not responsible for decisions made solely on the basis of automated responses.
- The Client should avoid entering sensitive or excessive data into prompts and knowledge bases, except where there is an adequate legal basis.
- Hermes may use third-party artificial intelligence providers, as described in the Privacy Policy.
- Client Data is not used for the public training of third-party models, except with express authorization or contractual provision.
10. Storage, History and Backup
Hermes adopts technical resources to store history, messages and files according to the subscribed plan, but does not guarantee the absolute preservation of data in the event of third-party failures, infrastructure failures, attacks, force majeure, deletion by the Client itself, external unavailability or events beyond the company’s reasonable control.
- Storage limits vary according to the subscribed plan.
- The data retention period also varies according to the subscribed plan.
- After cancellation, data may be kept for a defined period and then deleted.
- When an export feature is available, the Client must request the export before closing the account.
- Hermes may delete data after the retention period or after the account is closed.
Additional details may be set out in the Data Backup and Retention Policy.
11. Plans, Payments and Cancellation
Hermes offers plans with monthly, semiannual or annual billing, according to the conditions in force.
- Billing is recurring and automatic renewal may occur at the end of each period.
- Non-payment may result in suspension of access until the situation is resolved.
- Cancellation stops future charges but does not generate a proportional refund of the period already paid, except where the law provides otherwise.
- For the first subscription made online, where applicable, the Client may exercise the right of withdrawal within 7 (seven) days, under the terms of Article 49 of the Brazilian Consumer Protection Code.
- Resources, limits, storage and the number of channels vary according to the subscribed plan.
12. Price Adjustments
Hermes may adjust plan prices with prior notice, due to factors such as operating costs, infrastructure, suppliers, third-party channels, artificial intelligence resources, exchange rates, storage or changes in the services.
13. Fair Use
Use of the platform must respect reasonable limits, compatible with the subscribed plan.
- Occasional usage peaks are tolerated within reason.
- Excessive, abusive use or use incompatible with the plan may require a plan upgrade, technical limitation or commercial negotiation.
- Hermes may adopt measures to preserve the stability and security of the service for all Clients.
14. SLA and Support
Hermes’s SLA is one of analysis and planning, not resolution. The timeframe set out in the subscribed plan (from 2 to 48 hours, according to the plan table in force) refers to the start of the analysis, the identification of the cause and the planning of the solution.
- The resolution of an incident may depend on third parties and external factors.
- Incidents caused by WhatsApp, Meta, Instagram, TikTok, APIs, hosting, internet, devices, QR Code, unofficial methods or actions of the Client itself are not the sole responsibility of Hermes.
15. Security
Hermes adopts reasonable technical and organizational security measures, but no system is completely immune to failures, attacks, unavailability or external events. The Client is also responsible for adopting good practices, such as securely safeguarding credentials and controlling the permissions of its Users.
16. Confidentiality
The parties agree to keep confidential the technical, commercial and operational information, credentials, customer data, strategies and other information accessed as a result of this relationship, using it only for the purposes of the service.
17. Intellectual Property
Hermes holds all rights to the brand, interface, software, code, workflows, design, features and documentation of the platform.
- The Client retains ownership of its own data and content.
- By using the platform, the Client grants Hermes a limited license to host, process, transmit, organize and display this data, exclusively for the provision of the service.
18. Third-Party and Open Source Licenses
The platform may use third-party and open source libraries, components, frameworks or software, respecting their respective licenses. Such components remain under the ownership and conditions of their respective authors.
19. Limitation of Liability
To the extent permitted by applicable law, Hermes is not responsible for:
- Lost profits, loss of revenue or loss of opportunity.
- Indirect damages of any nature.
- Bans, blocks or unavailability of third-party platforms.
- Failures of the internet, devices or external services.
- Improper use of the platform or configurations made by the Client.
- Messages sent by Users or poorly configured automations.
Under no circumstances will Hermes’s total liability exceed the amount actually paid by the Client in the last 12 (twelve) months, except where applicable law provides otherwise.
20. Force Majeure
Hermes is not liable for failures or interruptions resulting from events beyond its reasonable control, such as cyberattacks, hosting failures, supplier failures (such as Cloudflare, AWS, Google, Meta and others), power outages, natural events, strikes, war, government orders, legal or regulatory changes and massive internet failures.
21. Account Closure and Export
The Client may request cancellation of the account at any time.
- Access remains available until the end of the period already paid, except in the case of a violation of these Terms.
- After closure, data may remain available for a limited period and is then permanently deleted.
- Where an export feature exists, the Client must request it within the applicable timeframe.
22. Changes to the Platform and the Terms
Hermes may modify, remove, replace or improve features, integrations, screens, resources, workflows, artificial intelligence features and channels, aiming at improvement, security, stability or technical and legal adequacy.
- Relevant changes to these Terms will be communicated by email or by notice in the platform panel.
- Continued use of the platform after such communication represents acceptance of the new conditions.
23. Software Licensing
Hermes’s core is made available under the MIT license and is derived from the Chatwoot project, whose copyright notice is preserved in the distribution. The repository’s enterprise/ directory is subject to the Chatwoot Enterprise License and is not included in the free tier: its use in production depends on a commercial license obtained from Chatwoot.
Use of the Self-hosted modality is the user’s exclusive responsibility, who thereby takes on operation of the infrastructure, backups and security of their instance. The obligations in this section are distinct from those of the Cloud modality.
24. Jurisdiction and Applicable Law
These Terms are governed by the laws of Brazil. The Courts of the District of Londrina/PR, Brazil are elected to resolve any matters arising from these Terms, waiving any other, however privileged it may be.