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 / reselling). 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. 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 allows the Client to offer the platform under its own brand. 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.
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 and is not able to assist in disaster, loss, or unavailability scenarios that depend on parts of the infrastructure under the control of the Client or its provider.
3. 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, with reasonable backup and security measures.
4. 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 legal compliance (including the LGPD) regarding the data it keeps in the environment.
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.
5. 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. Hermes is not responsible for failures, losses, corruption, unavailability, or inability to recover arising from the environment under the Client’s control.
- The Client is advised to keep its own copies and validations of data, especially under model 2.2.
6. 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.
7. Availability and SLA
The SLA of the contracted plan applies, as set out in the Terms of Service: the timeframe refers to the start of analysis, identification of the cause, and planning, and not to definitive resolution. Incidents originating in the Client’s infrastructure, in providers, in third-party channels, on the internet, or in force majeure events are not Hermes’s responsibility.
8. Brand, License, and Ownership
The White-Label plan authorizes the Client to use the platform under its own brand, as contracted. 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.
9. Termination and Migration
- Under model 2.2, upon termination of the contract, the data and infrastructure remain with the Client, who is responsible for their safekeeping, export, and deletion.
- Under model 2.1, the retention, export, and deletion timeframes and procedures set out in the Terms of Service and in the Backup and Data Retention Policy apply.
- In both cases, the Client is advised to export the desired data before termination, where the feature is available.
10. 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.
11. Final Provisions
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.