Terms of Service

1. Acceptance of Terms

By creating an account or using Hermes Spawn (the "Service"), you agree to these Terms of Service (the "Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Hermes Spawn, provided by Bepitic “we” “us”, is an automated cloud provisioning platform that creates and manages Virtual Private Server (VPS) instances through Hetzner Cloud, pre-configured with the open-source Nous Research Hermes Agent framework. The Service is delivered via a web-based dashboard that handles server provisioning, security hardening, and agent configuration.

3. Eligibility

You must be at least 14 years of age (the digital consent age in Spain) or the age of majority in your jurisdiction to use the Service. You must provide a valid email address, create a strong password, and configure at least one SSH public key to provision servers.

4. Accounts & Security

• You are responsible for maintaining the confidentiality of your account credentials and SSH keys.
• You agree to accept responsibility for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend accounts that show signs of compromise.

5. Payment & Billing

• Merchant of Record: Payments are processed by Paddle as the Merchant of Record. Paddle handles all payment processing, VAT, and tax collection.
• Billing Cycle: Subscriptions are billed monthly in advance.
• Refund Policy: We offer a 14-day refund policy from the first charge of a new subscription. To request a refund, contact [email protected] within the 14-day window. Refunds are issued to the original payment method.
• Cancellation: You may cancel your subscription at any time from the billing dashboard. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial months after the 14-day refund window.

6. Acceptable Use Policy

You agree not to use the Service or provisioned VPS instances to:

• Violate any applicable law or regulation.
• Distribute malware, conduct DDoS attacks, or engage in any form of unauthorized network intrusion.
• Send unsolicited commercial email (spam) or violate Hetzner Cloud’s acceptable use policy.
• Host copyrighted content without proper licensing or authorization.
• Engage in cryptocurrency mining or other high-resource activities not authorized in your plan.
• Abuse the Service infrastructure or attempt to disrupt Hermes Spawn’s operations.

Violation of these rules may result in immediate suspension of your account and termination of provisioned VPS instances without notice.

7. VPS Management Responsibilities

Once a VPS is provisioned, you are solely responsible for the content, software, and configurations running on it. Hermes Spawn provides the provisioning and management interface; we do not monitor or control the actual workloads deployed on your servers. You must ensure that your use of the VPS complies with all applicable laws and with Hetzner Cloud’s Terms of Service.

8. Service Level & Availability

Hermes Spawn is provided on a "best effort" basis. We do not guarantee a specific uptime percentage or Service Level Agreement (SLA). The availability of your VPS depends on the underlying Hetzner Cloud infrastructure. We are not responsible for downtime caused by Hetzner Cloud outages or maintenance.

9. Data & Security

• Passwords are hashed using bcrypt.
• VPS access is SSH key-only; root passwords are disabled.
• All communication between your browser and our platform is encrypted via HTTPS/TLS.
• You retain full ownership of your configuration files and data stored on your VPS.
• We store configuration backups for rollback purposes; you can manage these from the dashboard.

10. Intellectual Property

• The Hermes Spawn platform, including its user interface, source code, and branding, is the property of Bepitic.
• The Hermes Agent is an open-source project by Nous Research, governed by its own license.
• Your personal data and VPS configurations remain your property.

11. Third-Party Services

The Service relies on third-party infrastructure: Hetzner Cloud (server provisioning), Paddle (payment processing), and Resend (transactional email delivery). Each is governed by its own terms of service and privacy policy. Hermes Spawn is not responsible for the availability, accuracy, or practices of these third-party services.

12. Termination

You may terminate your account at any time by submitting a deletion request (see Privacy Policy section 6). We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your VPS instances will be destroyed and all associated data permanently deleted, except for billing records kept for statutory periods.

13. Limitation of Liability

To the maximum extent permitted by law, Bepitic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from your use of the Service. Our total liability shall not exceed the total amount you paid us in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless Bepitic and its affiliates against any and all claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of any third party.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service dashboard at least 30 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Spain. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Spain. For consumers resident in the European Union, mandatory consumer protection laws of their country of residence also apply.

17. Contact

If you have any questions about these Terms, please contact us at:

• Email: [email protected]
• Web: hermesspawn.com