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Terms of Service

Last updated: March 11, 2026

1. Introduction

Welcome to Hermes SMS Marketing. These Terms of Service govern your use of our website and services. By accessing or using our services, you agree to be bound by these terms.

2. Definitions

"Service" refers to the Hermes SMS Marketing platform and all related services.
"User" refers to individuals or entities who register to use our service.
"Subscriber" refers to individuals who have opted in to receive SMS messages from Users.

3. Account Registration

To use our services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. Compliance with Laws

Users must comply with all applicable laws and regulations concerning SMS marketing, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and the General Data Protection Regulation (GDPR) where applicable.

5. Service Limitations

Our services are subject to limitations, including message frequency, content restrictions, and delivery timeframes. We reserve the right to modify these limitations at any time.

6. SMS/Text Messaging Terms

By opting in to receive text messages from Hermes or Code House Solutions, you agree to the following:

6.1 Program Details

  • Program Name: Hermes SMS Program
  • Organization: Code House Solutions LLC
  • Program Description: SMS marketing tips, platform updates, AI assistant conversations, account notifications, and system notifications

6.2 How to Opt In

You may opt in to receive text messages from Hermes through any of the following methods:

  • Keyword opt-in: Text START to the Hermes platform number. You will receive a confirmation message acknowledging your subscription and providing opt-out instructions. Full SMS program details are available at usehermes.co/sms-program.
  • Web form opt-in: Complete a Hermes opt-in form with an explicit SMS consent checkbox. The checkbox is unchecked by default and is not required to submit the form.

Advanced platform features — including the AI marketing assistant, campaign creation, delivery analytics, and audience management — require an active Hermes subscription with a paid account.

6.3 Message Details and Disclosures

  • Message and data rates may apply. Contact your carrier for details.
  • Message frequency varies based on your account activity and interactions
  • Reply HELP for help or contact info@usehermes.co
  • Reply STOP to opt out at any time
  • Carriers are not liable for any delayed or undelivered messages
  • View our Privacy Policy for information on how we handle your data

Your consent to receive text messages is not a condition of any purchase or use of our services. Consent is not transferable or assignable to third parties. Your opt-in data and consent will not be shared with or sold to third parties.

7. Payment Terms & 90-Day “Keep Everything” Guarantee

Users agree to pay all fees associated with their use of the service.

7.1 90-Day “Keep Everything” Guarantee

We're confident Hermes will work for your business. That's why every customer is covered by our 90-Day “Keep Everything” Guarantee: complete your onboarding, send your first campaign, and if you're not impressed with the results, we'll refund 100% of your payments.

How it works:

  • Complete your onboarding sessions within 30 days of purchase
  • Send at least one (1) SMS campaign to your customers using the platform
  • If you're not impressed, contact us within 90 days of purchase at info@usehermes.co

If you haven't completed onboarding or sent a campaign yet, we'll work with you to get started before processing any refund request. We want you to succeed.

What you keep (even if you get a refund):

  • All campaign copy and templates we created with you
  • Your exported contact list
  • Strategy insights and training materials provided

What stays with the platform:

  • Your dedicated phone number (carrier-managed)
  • A2P 10DLC registration and brand profile
  • AI agent access and platform features

Refund amount: 100% of all subscription payments made within the 90-day guarantee window.

Processing: Refunds are processed within 10 business days of your request. We may ask for a brief optional survey to help us improve.

7.2 Monthly Subscription Cancellation

Monthly subscriptions may be cancelled at any time. No refunds are provided for partial months. Your service continues until the end of your current billing period.

7.3 Chargebacks

If you dispute a charge with your credit card company instead of contacting us first, you forfeit your right to a refund under this guarantee and may be subject to account termination. Please contact us directly at info@usehermes.co to resolve any billing concerns.

8. Your Subscriber Data Responsibilities

You are solely responsible for all data you collect, store, and manage through our platform, including but not limited to your subscribers' phone numbers, names, and any other personal information ("Subscriber Data").

You agree that:

  • You will obtain and maintain proper consent from all subscribers before sending them SMS messages, in compliance with TCPA, CTIA guidelines, and all applicable laws
  • You will maintain your own privacy policy that accurately describes how you collect, use, and protect subscriber information
  • You will honor all opt-out requests promptly and maintain accurate opt-out records
  • You are responsible for the security and lawful use of all Subscriber Data, whether stored on our platform or exported
  • Hermes acts solely as a service provider and processor of Subscriber Data on your behalf; you remain the data controller

9. Data Export and Prohibited Uses

You may export your Subscriber Data from our platform for legitimate business purposes such as backup, migration, or integration with other business systems.

You agree that you will NOT:

  • Sell, rent, lease, or trade Subscriber Data to any third party
  • Share Subscriber Data with third parties for their marketing purposes
  • Use exported data in any manner that violates the consent originally provided by subscribers
  • Transfer Subscriber Data to any party who intends to use it for purposes beyond those disclosed in your privacy policy
  • Use Subscriber Data to send messages through platforms or services other than Hermes without maintaining equivalent consent and compliance standards

Violation of these restrictions constitutes a material breach of these Terms and may result in immediate account termination, legal action, and liability for damages.

10. Indemnification

You agree to indemnify, defend, and hold harmless Hermes, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable law or regulation, including TCPA, CTIA guidelines, CAN-SPAM, GDPR, CCPA, or any state privacy laws
  • Your collection, use, storage, or disclosure of Subscriber Data
  • Any claim by a third party (including your subscribers) arising from your SMS marketing activities
  • Your breach of any privacy policy or terms of service you maintain with your subscribers
  • Any misuse of exported Subscriber Data, including but not limited to unauthorized sale, sharing, or transfer

This indemnification obligation will survive the termination of your account and these Terms.

11. Data Breach Notification

You must notify Hermes within seventy-two (72) hours of discovering any actual or suspected breach involving Subscriber Data. A "breach" includes:

  • Unauthorized access to your Hermes account
  • Theft, loss, or unauthorized access to exported Subscriber Data
  • Unauthorized disclosure of Subscriber Data to third parties
  • Any security incident affecting subscriber phone numbers or personal information
  • Compromise of systems containing Subscriber Data obtained through Hermes

Notification must be sent to info@usehermes.co and include:

  • Description of the breach and affected data
  • Approximate number of subscribers affected
  • Steps taken to contain and remediate the breach
  • Contact information for your breach response team

Failure to provide timely notification may result in account suspension and does not limit your indemnification obligations under Section 10.

12. Privacy

Our Privacy Policy governs the collection, use, and disclosure of personal information. By using our services, you consent to our Privacy Policy. Note that our Privacy Policy describes how Hermes handles data; you are separately responsible for maintaining your own privacy policy with your subscribers.

13. Termination

We reserve the right to terminate or suspend your account and access to our services immediately and without notice for:

  • Violation of these Terms, including data export and use restrictions
  • Violation of TCPA, CTIA guidelines, or other applicable laws
  • Conduct harmful to other users, us, third parties, or your subscribers
  • Fraudulent, abusive, or illegal activity
  • Failure to maintain proper subscriber consent
  • Any other reason at our sole discretion

Upon termination, your right to use the Service ceases immediately. Your indemnification obligations and liability for any pre-termination conduct survive termination.

14. Limitation of Liability

To the maximum extent permitted by law, Hermes shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.

Hermes is not liable for any claims, damages, or losses arising from:

  • Your failure to obtain proper subscriber consent
  • Your violation of TCPA, privacy laws, or other regulations
  • Claims brought by your subscribers or any third party
  • Your use, misuse, or inability to use exported Subscriber Data
  • Actions taken by carriers, regulatory bodies, or law enforcement

In no event shall Hermes's total liability exceed the amounts paid by you to Hermes in the twelve (12) months preceding the claim.

15. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in North Carolina, and the arbitrator's decision shall be final and binding.

You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Hermes.

16. Force Majeure

Hermes shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, or severe weather events
  • Telecommunications or carrier network outages or failures
  • Third-party service provider outages (including Twilio, AWS, or other infrastructure providers)
  • Government actions, regulatory changes, or carrier policy changes
  • Cyberattacks, DDoS attacks, or other malicious activities targeting our infrastructure
  • Pandemics, epidemics, or public health emergencies
  • War, terrorism, civil unrest, or labor disputes

During any force majeure event, our obligations shall be suspended for the duration of the event. We will use reasonable efforts to notify you of such events and resume normal service as soon as practicable. You remain responsible for any messages sent or actions taken before or after the force majeure event.

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the date at the top of these Terms and by maintaining a current version of the Terms on our website.

18. Contact Information

If you have any questions about these Terms, please contact us at:
Email: info@usehermes.co