Terms & Conditions

1. Terms & Conditions

1.1 Introduction

These Terms & Conditions (“Terms”) govern your access to and use of the Hermes ecosystem, including the Hermes Operating System (“Hermes OS”), the Hermes Chat application, and any related services (collectively “Hermes”). By creating an account, purchasing a license, or using Hermes, you agree to be bound by these Terms. If you do not agree, you must not access or use Hermes.

1.2 Scope of Service

Hermes is a secure, privacy-focused mobile operating system based on open-source components with proprietary enhancements.
– The license covers the Hermes OS, the Hermes Chat application, and all bundled system apps required for core functionality.
– The customer is responsible for sourcing a compatible Google Pixel device.
– Optional eSIM service is available via a third-party provider; Hermes has no operational control over this service.

1.3 Lawful Use Only

Hermes is designed exclusively for lawful, legitimate, and ethical use.
– You are strictly prohibited from using Hermes for any unlawful activities, including but not limited to:
– Criminal conduct under UAE or international law
– Terrorism or terrorist financing
– Fraud, hacking, cybercrime, or unauthorized surveillance
– Any activity violating applicable privacy or export laws
– Hermes does not encourage, condone, or support any criminal use of its products.
– Disclaimer: If you choose to use Hermes for illegal purposes, you do so entirely at your own risk. Hermes, its owners, and affiliates accept no responsibility or liability for any legal consequences you may face.

1.4 Registration & Account Security

To use Hermes, you must create an account and provide:
– A valid email address
– A password (stored in hashed form)

You agree to:
– Keep credentials confidential
– Immediately notify Hermes of any unauthorized account use
– Be responsible for all activities conducted through your account

Hermes is not liable for loss arising from unauthorized access if credentials were compromised through your negligence.

1.5 License Grant & Restrictions

You are granted a limited, non-exclusive, non-transferable, revocable license to use Hermes for the paid term on one registered device.
– The license is tied to your registered Device ID and account.
– You may not:
– Modify, reverse-engineer, decompile, or disassemble Hermes OS or Hermes Chat
– Circumvent license enforcement mechanisms
– Use Hermes for illegal purposes or to violate third-party rights
– Install Hermes on devices other than those specified in your license
Hermes reserves the right to suspend or terminate your license immediately if you breach these Terms.

1.6 Payments & Refund Policy

– Debit card payments are processed via approved third-party payment providers; Hermes does not store card data.
– Cryptocurrency payments are processed via Hermes’ own payment gateway.
– No refunds are granted after purchase.
– The license expires automatically at the end of the paid term unless renewed.

1.7 eSIM Services

– eSIMs are provided by a third-party provider.
– Hermes is not liable for eSIM network performance, coverage, service interruptions, or data breaches originating from the eSIM provider.

1.8 Intellectual Property Rights

– All proprietary code, designs, interfaces, and trademarks associated with Hermes are owned by us.
– Use of open-source components is subject to their respective licenses (see Section 3).
– You must not remove or obscure copyright notices, license texts, or attribution files.

1.9 Indemnification

You agree to indemnify, defend, and hold harmless Hermes, its affiliates, employees, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
– Your violation of these Terms
– Your use of Hermes in breach of applicable laws
– Any claim that your use of Hermes infringes third-party rights

1.10 Warranty Disclaimer

Hermes is provided “as is” and “as available”, without any warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. Hermes does not guarantee that the OS will be free from errors, vulnerabilities, or interruptions.

1.11 Limitation of Liability

To the fullest extent permitted by law:
– Hermes’ total cumulative liability to you will not exceed the amount you paid for your license in the 12 months prior to the claim.
– Hermes shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to data loss, device damage, loss of profits, or business interruption.

1.12 Force Majeure

Hermes is not liable for delays or failures to perform caused by events beyond its reasonable control, including but not limited to: natural disasters, acts of war, terrorism, cyberattacks, governmental restrictions, strikes, pandemics, or power/network outages.

1.13 Termination & Suspension

Hermes may suspend or terminate your license and account, with or without notice, if:
– You breach these Terms
– You attempt to circumvent license enforcement
– Required by law or governmental order

Upon termination, your right to use Hermes immediately ceases.

1.14 Governing Law & Dispute Resolution

– Governing Law: These Terms are governed exclusively by the laws of the United Arab Emirates.
– Jurisdiction: Any disputes shall be resolved by binding arbitration in Dubai, UAE, under the rules of the Dubai International Arbitration Centre (DIAC).
– Arbitration shall be conducted in English, and the arbitrator’s decision will be final and binding.
– You waive any right to participate in class-action proceedings.

1.15 Service Availability & Downtime

While Hermes is designed for reliability, we do not guarantee uninterrupted or error-free service.
– System downtime may occur due to maintenance, updates, technical issues, force majeure events, or factors beyond our control.
– We will make reasonable commercial efforts to restore services as quickly as possible in the event of an outage.
– Hermes shall not be held liable for any losses, damages, or inconveniences arising from temporary unavailability, delays, or disruptions in service.
– Maintenance or upgrades may be scheduled without prior notice, though we will endeavor to inform users when practicable.

2. Privacy Policy

2.1 Commitment to Privacy

Hermes is built to minimize data collection and maximize user privacy. We actively discourage any illegal use of our services.

2.2 Data We Collect

We collect and store only:
– Email address (for account and communication)
– Password (hashed and salted, never stored in plain text)
– Device ID (for license verification)

2.3 Payment Data

– Debit card payments: processed by third-party providers; Hermes stores no payment card data.
– Cryptocurrency payments: processed in-house, without third-party involvement.

2.4 Purpose of Data Use

We use your data solely to:
– Authenticate and manage your account
– Validate license status
– Provide technical support
– Send important service notifications

2.5 Data Storage & Security

– Data is stored in encrypted databases with strict access controls.
– Internal access to user data is limited to authorized personnel under confidentiality agreements.

2.6 Third-Party Services

We share limited data only with:
– Payment processors (for debit card payments)
– eSIM provider (if you opt-in to purchase an eSIM)

2.7 User Rights

Where applicable under UAE or GDPR laws, you may:
– Request a copy of your personal data
– Request correction or deletion of your data
– Withdraw consent for data processing (license termination applies)

2.8 Retention Policy

We retain data for the duration of your license plus any legally required retention period.

3. Open Source Code Usage Disclosure

Hermes incorporates the following open-source components:

1. GrapheneOS
– License: Apache License 2.0 (https://www.apache.org/licenses/LICENSE-2.0)
– Attribution: GrapheneOS Project

2. SimpleX Chat
– License: AGPL-3.0 (https://www.gnu.org/licenses/agpl-3.0.en.html)
– Attribution: SimpleX Chat Project

3. Other Libraries
– May include MIT, Apache 2.0, GPL, and other licenses.
– Full license texts are included in the “Licenses” section of the OS.

You may use and distribute these open-source components only under the terms of their respective licenses. All proprietary elements of Hermes remain fully protected.