Hermes
PTEN

White-Label & Infrastructure Term · Hermes

Last updated: 27/08/2026

This White-Label and Infrastructure Term supplements Hermes’s Terms of Service and sets out the specific conditions for clients who contract the platform under the White-Label model (own brand on the panel). The White-Label plan does not constitute a sublicense or assignment of the platform, nor does it authorize commercializing it as the Client’s own product. In the event of a conflict regarding the matters addressed here, this Term prevails; on all other matters, the Terms of Service, the Privacy Policy, and the Backup and Data Retention Policy apply. Where a specific contract has been signed between Hermes and the Client, the commercial conditions set out therein (including contracted amounts, timeframes, scope, and SLA) prevail over this Term wherever they diverge; on all other matters, this Term remains applicable as an integral document of the engagement. Hermes is operated by Jéssica Naiara dos Santos, registered under CNPJ No. 42.182.370/0001-37, headquartered in Londrina/PR, Brazil.

1. Subject Matter

The White-Label plan grants the Client a license to use the platform under its own visual identity (its own brand on the panel and, where applicable, its own domain), including access to the project image in the contracted version and the deployment (setup), update, and support services described in this Term.

For the purposes of this Term, the “project image” is the executable copy of the application (build) made available to the Client in the contracted version, ready to run on the infrastructure defined under the chosen model. The project image does not include the source code, the structure, the architecture, or the project’s database.

For the purposes of this Term, the “panel” is the platform’s web-based administration and operation interface made available to the Client and to the users it authorizes.

The form of hosting and infrastructure administration may vary according to the contracted model, described below. Each party’s responsibilities depend directly on who holds control of the infrastructure.

2. Contracting Models

2.1. Infrastructure managed by Hermes

In this model, Hermes provides and manages the necessary infrastructure (for example, servers, VPS, and backup routines), on its own or through cloud providers of its choice.

  • Hermes adopts reasonable measures for maintenance, updates, monitoring, and backup of the infrastructure under its management.
  • Even in this model, Hermes does not guarantee absolute availability or absolute data preservation, remaining subject to provider failures, force majeure, and events beyond its reasonable control, as set out in the Terms of Service.

When it uses cloud providers or other sub-processors to deliver the services, Hermes will select providers that offer adequate guarantees of security and of compliance with Law No. 13,709/2018, and remains liable to the Client for the performance of those sub-processors within the scope of the contracted services. The types of providers used are indicated in the Privacy Policy.

2.2. Infrastructure provided by the Client

In this model, the machine, VPS, server, or cloud environment is provided and maintained by the Client itself (or by a provider chosen by the Client). Hermes performs platform configuration, applies agreed updates, and provides support, and may configure backup routines and monitor the machine to the extent of the access granted to it.

Important: when the infrastructure is provided by the Client, Hermes does not hold full administrative control of the virtual machine, environment, provider, or backups. In these cases, responsibility for the infrastructure, including ownership, custody, availability, security, backup, and disaster recovery, lies exclusively with the Client, not with Hermes.

Hermes may configure the existence of backup routines and monitor access and availability, but it does not control the environment. In disaster, loss, or unavailability scenarios that depend on parts of the infrastructure under the control of the Client or its provider, Hermes’s action may be limited or rendered unfeasible, being restricted to the access and means actually available, with no obligation of result.

3. Brand on the Panel, Permitted Use, Prohibitions, and Non-Compete

The White-Label license authorizes the Client to use its own brand in the platform’s interface (panel) and on its own domain, as contracted. The license is a license to use, limited to what is set out in this Term, and does not transfer to the Client any right over the platform beyond what is expressly granted.

Permitted use: the Client may use the platform in its own operation and in that of companies within its group (branches, subsidiaries, affiliates, and business units), including by creating and managing multiple accounts or tenants under its administration, subject to the limits of the contracted plan. What this Term prohibits is not expanded internal use, but the commercial exploitation of the platform toward third parties, as set out below.

The Client is expressly prohibited from:

  • (a) selling, sublicensing, or commercializing the platform, in whole or in part, as its own product, or charging third parties for access to it;
  • (b) offering, advertising, or promoting the platform to the market (marketing) as if it were its own product, or earning revenue from making it available to third parties;
  • (c) transferring the project image or access credentials to third parties outside its operation and its group;
  • (d) performing reverse engineering, decompilation, or any attempt to extract the source code;
  • (e) using the platform, in whole or in part, during the term of the contract, to develop or offer a competing product or service (non-compete). Any extension of the non-compete beyond termination, with its own duration, scope, and conditions, shall be governed exclusively by the specific contract signed with the Client.

Violation of any of these prohibitions subjects the Client to the applicable contractual and legal penalties, including termination of the contract and liability for losses and damages.

4. Deployment (Setup)

Deployment (setup) comprises:

  • Provisioning and installation of the platform on the infrastructure defined under the contracted model;
  • Making the project image available in the contracted version;
  • Initial configuration of the Client’s own brand and visual identity on the panel;
  • Configuration of the Client’s own domain, where applicable;
  • Configuration of the contracted service channels;
  • Configuration of backup routines, according to the model;
  • Creation of the administrator user and initial onboarding.

Estimated timeframe: 7 (seven) business days, counted from the payment of the setup fee and, under model 2.2, also from the provision of access and infrastructure by the Client.

Once deployment is complete, Hermes will notify the Client of the delivery through the designated contact channel. Within 10 (ten) business days of that notice, the Client must approve the deliverables or identify, in writing, any nonconformities found. The absence of a written response within this period constitutes definitive acceptance of the deployment, without prejudice to the support provided for in this Term.

5. Extra Services and Technical Hour

Customizations, integrations, and on-demand development are not included in the plan and are charged separately, subject to a prior quote approved in writing by the Client.

  • Technical hour: BRL 375.00 (three hundred and seventy-five reais) per hour or fraction thereof;
  • Emergency technical hour (service outside business hours or prioritization outside the roadmap): BRL 470.00 (four hundred and seventy reais) per hour or fraction thereof.

The amounts above are reference amounts in force on the publication date of this Term and are subject to updates. Where different amounts are set out in the specific contract or in a quote approved in writing by the Client, those amounts prevail.

Unless expressly provided otherwise in the specific contract, customizations, integrations, and on-demand developments become part of the platform and remain the exclusive property of Hermes, with the Client receiving the same license to use provided for in this Term, with no transfer of intellectual property.

6. Hermes’s Responsibilities

Depending on the contracted model, Hermes undertakes, using reasonable measures, to:

  • Make available and configure the platform on the indicated infrastructure;
  • Apply the agreed platform updates;
  • Provide support according to the SLA of the contracted plan (timeframe for analysis and planning, not for resolution);
  • When requested and within the access granted, configure backup routines;
  • Monitor access and availability to the extent of the access granted.

Under model 2.1, Hermes is also responsible for maintaining and administering the infrastructure it provides, adopting security, technical, and administrative measures that are reasonable and able to protect personal data from unauthorized access and from accidental or unlawful destruction, loss, alteration, communication, or dissemination, pursuant to Article 46 of Law No. 13,709/2018, including backup routines in accordance with the Backup and Data Retention Policy.

7. Client’s Responsibilities

Under model 2.2 (Client infrastructure), the Client is exclusively responsible for:

  • Contracting, paying for, and maintaining the machine, VPS, server, or cloud environment;
  • Ensuring adequate resources (processing, memory, disk, network) for the platform to operate;
  • Maintaining the physical and logical security of the environment, including credentials and access;
  • Maintaining and validating its own backups and disaster recovery plan;
  • Granting Hermes the access required for configuration, updates, and support;
  • Ensuring, under model 2.2, that the environment complies with applicable law, including Law No. 13,709/2018 (LGPD): defining the legal bases for processing, ensuring transparency and responding to data subjects’ rights, adopting the technical and administrative security measures provided for in Article 46, and managing any sub-processors and providers it engages. Hermes’s role under this model is limited to the configuration, update, and support services described in this Term, within the access granted.

Under any model, the Client is the Controller of its own contacts’ data and is responsible for its use of the platform and for its configurations, subject to the prohibitions of section 3.

In these operations, when it processes personal data on the Client’s behalf (in particular under model 2.1), Hermes acts as Processor (Operador), pursuant to Article 5, VII, of Law No. 13,709/2018 (LGPD), and processes the data only in accordance with this Term, the Privacy Policy, and the Client’s lawful instructions, ensuring that the persons authorized to access the data are bound by a duty of confidentiality. The roles of Controller and Processor follow from the function actually performed in each processing operation, regardless of the designation adopted by the parties.

8. Backup and Disaster Recovery

  • Under model 2.1, Hermes adopts reasonable technical backup routines over the infrastructure it administers, without any guarantee of absolute preservation.
  • Under model 2.2, Hermes may configure backup routines, but the execution, integrity, retention, and effective recovery depend on the Client’s infrastructure and provider. To the maximum extent permitted by applicable law, Hermes is not liable to the Client for failures, losses, corruption, unavailability, or inability to recover arising from the environment under the control of the Client or its provider, except for the responsibilities that Law No. 13,709/2018 assigns to the Processor when it breaches its legal obligations or the Controller’s lawful instructions (Articles 42 to 44).
  • The Client is advised to keep its own copies and validations of data, especially under model 2.2.

9. Access, Monitoring, and Limits of Action

Hermes acts strictly within the access granted to it by the Client. Without access to or control over a given part of the environment, Hermes cannot ensure the availability, backup, security, or recovery of that part, nor assist in incidents that depend on it. Reduction or revocation of access by the Client may limit support and monitoring.

10. Data Protection Cooperation

The parties will cooperate in good faith to comply with Law No. 13,709/2018 (LGPD). If Hermes receives a data subject request concerning data under the Client’s control, Hermes will forward it to the Client without undue delay and, to the extent technically possible and within the access it holds, will provide reasonable assistance so that the Client can respond to the rights provided for in Articles 18 et seq. of the LGPD (including confirmation, access, correction, anonymization, deletion, and portability). The parties will also cooperate in responding to requests from the Brazilian National Data Protection Authority (ANPD) and other competent authorities, providing each other with the information reasonably required.

11. Security Incidents

The party that becomes aware of a security incident that may result in relevant risk or damage to personal data processed under this Term will notify the other party without undue delay, within a timeframe compatible with compliance with Article 48 of the LGPD and the ANPD’s regulations, providing, to the extent known: a description of the nature of the incident, the data and data subjects involved, the measures adopted or recommended, and a contact for further information. It is for the Client, as Controller, to assess and make the notifications to the ANPD and to the data subjects, with Hermes’s reasonable assistance to the extent of its access to and knowledge of the incident. Notification of an incident does not, in itself, constitute an admission of fault or liability.

12. Availability and SLA

The White-Label plan SLA applies: the start of analysis, identification of the cause, and planning take place within 2 (two) to 24 (twenty-four) hours. This timeframe does not refer to the definitive resolution of the incident, which may depend on external factors and third parties.

The following incidents are excluded from the SLA:

  • Third-party channels and platforms (WhatsApp/Meta, Instagram, TikTok, Telegram, among others);
  • Infrastructure provided by the Client (model 2.2);
  • Unofficial connection methods;
  • Force majeure events or events beyond Hermes’s reasonable control.

13. Product Evolution

The platform is made available in the state in which it exists, according to the contracted plan. The product roadmap and evolution priorities are defined exclusively by Hermes. Client suggestions may or may not be adopted, with no deadline or guarantee of implementation. Exclusive development or prioritization of demands may be contracted separately, as set out in section 5.

14. Brand, License, and Ownership

The software, code, flows, design, and features remain the property of Hermes, with only a limited, non-exclusive license to use granted to the Client while the contract is in force, within the limits and subject to the prohibitions of section 3. Termination of the contract automatically extinguishes the license.

15. Termination and Data Export

  • Termination may be requested by either party upon 30 (thirty) days’ prior notice, with the services and the monthly fee maintained during the notice period.
  • Upon termination of the contract, the services are deactivated and access to the platform and to the project image is blocked.
  • The Client is entitled exclusively to its own data (messages, prompts, and documents), delivered in raw exported format, without access to the structure, the architecture, or the project’s database.
  • Hermes retains the data for up to 30 (thirty) days from termination, for export purposes. Once delivery is confirmed, or once this period has elapsed without a response from the Client, the data is permanently deleted from active systems, except in the cases of retention authorized by Article 16 of Law No. 13,709/2018, including compliance with a legal or regulatory obligation and the regular exercise of rights in judicial, administrative, or arbitral proceedings; any data so retained is restricted to those purposes and is deleted at the end of the applicable period. In backups, deletion occurs in accordance with the regular purge cycles and the timeframes described in the Backup and Data Retention Policy, and the data remains protected until overwritten or expired.
  • Under model 2.2, the data and infrastructure remain with the Client, who is responsible for their safekeeping, export, and deletion.
  • No migration service is included in the plan; assistance with export or with transition to another environment, beyond delivery in raw format, may be contracted as an extra service, as set out in section 5.

16. Non-Exclusivity

The White-Label plan is not contracted on an exclusive basis. Hermes may license the platform to other clients, including clients in the same market segment as the Client.

17. Limitation of Liability

Without prejudice to the limitation of liability set out in the Terms of Service, Hermes is not liable for damages, data loss, unavailability, or disasters originating in infrastructure provided or controlled by the Client or its providers, nor for events beyond its reasonable control. Hermes’s action in such cases is limited to the configuration and monitoring possible within the access granted. The limitations set out in this section apply to the maximum extent permitted by law and do not exclude liabilities that cannot be excluded or limited by law, including those that Law No. 13,709/2018 assigns to processing agents in relation to data subjects.

18. Final Provisions

International transfer. The Client acknowledges that the operation of the platform may involve the use of third-party cloud and artificial intelligence providers, including providers located abroad, which may constitute an international transfer of personal data, carried out in compliance with Articles 33 et seq. of Law No. 13,709/2018 and with the ANPD’s regulations. The list of the types of providers used and the applicable safeguards are set out in the Privacy Policy, which the Client declares it is aware of and undertakes to reflect in its own privacy policy toward its contacts.

This Term forms part of Hermes’s Terms of Service and must be read together with the Privacy Policy and the Backup and Data Retention Policy. The courts of the District (Comarca) of Londrina/PR remain the elected venue. Questions: contato@hermes.srv.br.