Zeus AI Labs, Inc. and its affiliates (“Hercules”, “we”, “us”, or “our”) has prepared this Privacy Policy to explain (1) what personal information we collect, (2) how we use and share that information, and (3) your choices concerning our privacy and information practices. Capitalized terms used but not defined in this Privacy Policy have the meanings given to them in our Terms of Service (the “Terms”).

1. Who this policy applies to#

This Privacy Policy applies to personal information that we collect in connection with our website(s) (including https://hercules.app/), the Hercules Platform, and any other products and/or services that link to this Privacy Policy (collectively, the “Services”).

Hercules is a platform that allows businesses and other organizations (our “Customers”) to build, deploy and host software applications (“Customer Applications”) and AI agents (“Customer Agents”) on infrastructure that we operate. Because of this, we interact with different categories of individuals, and our role with respect to your personal information depends on your relationship with us:

• Customers and Users. “Customers” are individuals, or the persons responsible for an organization, that contract with us to use our Services. “Users” are individuals who access or use the Hercules Platform on behalf of a Customer, such as a Customer’s employees, contractors and other representatives who are Members of the Customer’s Organization. If you are an individual Customer or a User, this Privacy Policy applies to the personal information we collect about you when you use our Services or in order to create and administer your account, authenticate you, administer your Organization, process payments, provide support, secure the Services, and communicate with you. We determine the purposes and means of this processing and, where applicable data protection law uses these terms, we act as a “controller” (or “business”) with respect to it. Please note that your Organization’s administrators may also be able to view and manage certain information about you (such as your name, email address, role, permissions and activity within the Organization), and your Organization may have its own privacy notice that governs its use of that information.

• End Users. “End Users” are individuals who access or use a Customer Application or Customer Agent that a Customer has built and deployed using the Hercules Platform. If you are an End User, this Privacy Policy does not apply to you, except with respect to our collection and processing of Application Usage Data. We host and operate Customer Applications and Customer Agents on the Customer’s behalf. The Customer determines what information its Customer Application collects, and the Customer is responsible for the privacy practices of its Customer Application, including any privacy notice, consent or other disclosure required to be provided to End Users. If you have questions about how a Customer Application handles your personal information, or you wish to exercise privacy rights with respect to it, please contact the Customer that operates the Customer Application. We will assist the Customer in responding to your request where required by law or our agreement with the Customer.

• Customer Content. If you are a Customer, this Privacy Policy does not apply to personal information or other data and information that we process solely on your behalf, including Customer Content. Our processing of such data is instead governed by the Terms or the separate customer agreement that you have agreed to with Hercules.

2. Personal information we collect#

Information you provide to us:

• Account and Organization information, such as your name, email address, username, password or other login credentials, job title, profile photo, the name of your Organization, and your role and permissions within your Organization. If you register or sign in using a third-party identity provider (such as Google, GitHub or your Organization’s single sign-on provider), we receive the information that provider makes available to us, such as your name, email address and account identifier.

• Business contact information: If you are a representative of one of our actual or prospective Customers, suppliers or business partners, we may collect personal information about you (such as your name, contact details and role) when entering into an agreement with your company or otherwise during the course of our relationship with your company.

• Billing and payment information, such as your billing address, Plan and Entitlements, transaction history and payment method details. Payment card information is collected and processed by our third-party payment processor, and we do not store full payment card numbers.

• Feedback or correspondence, such as information you provide when you contact us with questions, feedback, support requests or reviews, or otherwise correspond with us online.

• Marketing information, such as your preferences for receiving communications about our activities, services, and publications, and details about how you engage with our communications.

• Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from third parties. We may obtain your personal information from other sources, including:

• Your Organization. When a Customer invites you to join its Organization or adds you as a Member, we receive information about you from the Customer, such as your name, email address, role and permissions.

• Integrations you authorize. When you connect third-party services to the Hercules Platform (such as source code repositories, cloud infrastructure providers, databases, authentication providers or communication tools), we receive information from those services as authorized by you and in accordance with your settings on those services. Integrations are governed by their own terms and privacy policies.

• Marketing partners and other sources. We may obtain your personal information from marketing partners, publicly-available sources and data providers for the purposes of marketing products and services that may interest you, delivering personalized communications, and other similar activities.

• Social media platforms. We may maintain pages on social media platforms, such as LinkedIn, X and other third-party platforms. When you visit or interact with our pages on those platforms, the platform provider’s privacy policy will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.

Automatic data collection. We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, device type (e.g., phone, tablet), IP address, unique identifiers, language settings, and general location information such as city, state or geographic area.

• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our marketing emails or clicked links within them. We may use third-party tools to assist with capturing online activity data.

• Usage Data, such as your access to and activity on the Hercules Platform or Customer Applications and Customer Agents, the features you use, the frequency and duration of your use, resource consumption, performance and error information, and other metadata about the files you upload to or how you use the Hercules Platform or Customer Applications and Customer Agents.

• Email open/click information. We may use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email that we may send to you.

We may use the following tools for automatic data collection:

• Cookies, which are text files that websites store on a visitor’s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.

• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.

• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

For more information about the cookies and similar technologies we use and your choices regarding them, please see our Cookie Notice. Where required by law, we will obtain your consent before using non-essential cookies and similar technologies.

3. How we use your personal information#

We use personal information for the following purposes or as otherwise described at the time of collection:

To provide our Services. We use your personal information to perform our contractual obligations towards you and your Organization to provide you with the Services. This includes using personal information to:

• Create, maintain and authenticate your account, and administer Organizations, Plans, Entitlements and payments.

• Operate, maintain, secure and improve our Services, including our AI features and the hosting of Customer Applications and Customer Agents.

• Provide information about our Services.

• Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages.

• Respond to your requests, questions and feedback.

AI features and service improvement. Our AI features process Agent Inputs in order to generate Agent Outputs, and we host the Customer Applications and Customer Agents that our Customers build. Where permitted by law and subject to the Terms and Privacy Mode (described below), we may also use Customer Content, End User Content, Usage Data, feedback and Agent Content to develop, evaluate and improve our Services and the AI models and AI features that power them. Google API data is subject to the restrictions in Section 6.

Privacy Mode. Privacy Mode is available only on the Enterprise Plan and is controlled by the Customer for its Organization. While enabled, we do not prospectively use Customer Content or End User Content, including deidentified versions, to train, evaluate, or improve AI models and AI features. We may still process content to provide, secure, or support the Services and use aggregated statistics that neither identify individuals or Customers nor reproduce their content for analytics. If you are a User and have questions about your Organization’s Privacy Mode settings, please contact your Organization’s administrator.

Marketing and advertising. We may from time-to-time send you direct marketing communications as permitted by law, including, but not limited to, notifying you of special promotions, offers and events via email. You may opt out of our marketing communications as described in the “Opt out of marketing communications” section below. Except where consent is required, we carry out marketing and advertising where it is in our legitimate business interests.

For research and development. We may use your personal information where it is in our legitimate interests for research and development purposes, including to analyze and improve our Services and our business. Subject to Privacy Mode and applicable processing obligations, we may create, use, and disclose aggregated or deidentified information for lawful purposes. Deidentified information must not reasonably identify an individual, and we will not attempt to reidentify it. Google API data and its derivatives remain subject to the restrictions in Section 6.

Compliance and protection. We may use personal information to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities. Where we have a legitimate interest, we may also use personal information to:

• Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).

• Audit our internal processes for compliance with legal and contractual requirements and internal policies.

• Enforce the Terms and other terms and conditions that govern our Services.

• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks, abuse of our AI features and identity theft.

4. How we share your personal information#

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate our Services (such as providers that assist with hosting and cloud infrastructure, payment processing, communications and email delivery, analytics, security, customer support, AI model providers, and database management, as well as lawyers, bankers, auditors and insurers). The service providers that process Customer Content on our behalf are identified in our subprocessor list.

Your Organization. If you use the Services as a Member of a Customer’s Organization, we share information about you with that Customer, including your name, email address, role, permissions, and activity within the Organization, as well as content you create or upload within the Organization. Your Organization’s administrators may be able to access, modify, restrict or delete your account and associated information.

Integrations you authorize. When you connect a third-party service to the Hercules Platform or enable an integration, we share information with that third party as necessary to provide the integration and as directed by you. Third-party integrations act independently of us under their own terms and privacy policies, and we are not responsible for their data practices.

Authorities and others. We may disclose your personal information to law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

Affiliates. We may share personal information with our current and future affiliates, meaning an entity that controls, is controlled by, or is under common control with us. Our affiliates may use the personal information we share in a manner consistent with this Privacy Policy.

Information you make public. Information that you choose to make publicly available through the Services, such as a public profile or a Customer Application that you choose to publish, may be accessible to others.

Google. We share Google API data only as permitted by the Google policies identified in Section 6.

5. Your rights and choices#

Personal information requests: In certain circumstances (including based on where you are located), you may have the following rights in relation to your personal information:

• the right to learn more about what personal information of yours is being processed, how and why such information is processed and the third parties who have access to such personal information. We have made this information available to you without having to request it by including it in this Privacy Policy;

• the right to access your personal information;

• the right to rectify/correct your personal information;

• the right to restrict the use of your personal information where permitted under applicable law;

• the right to request that your personal information is erased/deleted where permitted under applicable law;

• the right to data portability (i.e. receive your personal information or have it transferred to another controller in a structured, commonly-used, machine readable format) where permitted under applicable law;

• the right to object to processing of your personal information or to direct us not to share your personal information with a non-affiliated third party where permitted under applicable law; and

• where we rely on your consent, the right to withdraw your consent at any time, without affecting the lawfulness of processing carried out before your withdrawal.

To make a request, please email us as provided in the “How to contact us” section below. We may ask for specific information from you to help us confirm your identity. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination, and we will not retaliate against you for exercising your rights.

Opt out of marketing communications. You may opt out of email marketing communications by following the opt-out or unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing communications.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

• Cookie preferences. Where we offer a cookie consent tool or preference center, you can adjust your preferences for non-essential cookies at any time as described in our Cookie Notice.

• Blocking cookies in your browser. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

• Using privacy plug-ins or browsers. You can block our Services from setting cookies used for interest-based ads by using a browser with privacy features or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers.

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.

Browser privacy signals. We honor legally required opt-out signals, including Global Privacy Control, for applicable sale, sharing, and targeted advertising uses. We do not otherwise respond to the older “Do Not Track” signal. See our Cookie Notice for cookie controls.

6. General provisions#

Data retention

We may retain your personal information for as long as it is reasonably needed in order to maintain and expand our relationship and provide you with our Services; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of such information, the potential risk of harm from unauthorized use or disclosure of such information, the purposes for which we process it, and the applicable legal requirements. When personal information is no longer needed for these purposes, we delete or de-identify it. Customer Content is retained, returned and deleted in accordance with the Terms and the Customer’s instructions.

Security practices

We use reasonable organizational, technical and administrative measures designed to protect against unauthorized access, misuse, loss, disclosure, alteration and destruction of personal information we maintain. Information about our security practices is available in our trust center. Unfortunately, data transmission over the Internet cannot be guaranteed as completely secure. Therefore, while we strive to protect your personal information, we cannot guarantee the security of personal information. In the event that we are required to notify you about a situation involving your data, we may do so by email or telephone to the extent permitted by law.

International transfers

We are headquartered in the United States. To provide and operate our Services, it is necessary for us to process your personal information in the United States and other countries where we or our service providers operate. If we transfer personal information across borders such that we are required to apply appropriate safeguards to personal information under applicable data protection laws, we will do so. Please see the “Additional information for European users” section below and contact us for further information about any such transfers or the specific safeguards applied.

Children

Our Services are not intended for children, and we do not knowingly collect personal information from them. We define “children” as anyone under 18 years old or any younger age of eligibility specified in the Terms. If we learn we have collected or received personal information from a child without verification of parental consent, we will delete the information. If you believe we might have any information from or about a child, please contact us via the contact information noted below. Customers are responsible for determining whether their Customer Applications are directed to children and for complying with children’s privacy laws that apply to their Customer Applications.

Job applicants

When you visit the careers portion of our website, we collect personal information that you provide to us in connection with your job application. This includes business and personal contact information, professional credentials and skills, educational and work history, and other information of the type that may be included in a resume. This may also include diversity information that you voluntarily provide. We use this information to facilitate our recruitment activities and process employment applications, such as by evaluating a job candidate for an employment activity, and monitoring recruitment statistics. We may also use and share this information to provide improved administration of the website, and as otherwise necessary: (a) to comply with relevant laws or to respond to subpoenas or warrants served on us; (b) to protect and defend the rights or property of us or others; or (c) in connection with a legal investigation.

Other sites, applications and services

Our Services may contain links to other websites, mobile applications, and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third party websites, mobile applications or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use.

Customer Applications and Customer Agents built and deployed using the Hercules Platform are operated by our Customers, not by us. Even where a Customer Application is hosted on our infrastructure, the Customer is responsible for that Customer Application and its privacy practices, as described in the “Who this policy applies to” section above.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, or other changes for which notice is required under applicable law, we will notify you by updating the date of this Privacy Policy and posting it on our Services. We may also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail (if you have an account where we have your contact information) or another manner through our Services. Published versions of this Privacy Policy identify their effective dates.

Any modifications to this Privacy Policy will be effective upon our posting the new terms and/or upon implementation of the new changes on our Services (or as otherwise indicated at the time of posting). In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your acceptance of the terms of the modified Privacy Policy.

Google API data

Our use and transfer of information received from Google APIs follows the Google API Services User Data Policy and applicable Google Workspace policies, including the Limited Use requirements. We do not use or retain Google Workspace API data, including raw, aggregated, deidentified, or derived data, for generalized AI model training, improvement, or reusable evaluation datasets. These restrictions apply to covered data and its derivatives on every Plan, regardless of Privacy Mode, including data processed on Customers' behalf. They take precedence over broader permissions and scope exclusions in this Privacy Policy.

7. Additional information for European users#

The information provided in this “Additional information for European users” section applies only to individuals located in the European Economic Area, the United Kingdom and Switzerland (collectively, “Europe”). For purposes of this section, “personal information” has the same meaning as “personal data” under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”), the UK GDPR and the Swiss Federal Act on Data Protection, as applicable.

Controller. Zeus AI Labs, Inc. is the controller of your personal information covered by this Privacy Policy. Our contact details are set out in the “How to contact us” section below.

Legal bases for processing. We use your personal information only as permitted by law. Our legal bases for processing the personal information described in this Privacy Policy are as follows:

Where we rely on legitimate interests, we have assessed those interests against your interests, rights and freedoms, and we do not treat any single legal basis as a blanket permission for every use of personal information. Where we process personal information on a Customer’s behalf, the Customer is responsible for establishing the legal basis for that processing.

Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, health data, or data concerning sex life or sexual orientation) through the Services or otherwise, unless we have expressly requested it.

Automated decision-making. We do not use your personal information to make decisions based solely on automated processing that produce legal effects concerning you or similarly significantly affect you.

Your rights. European data protection laws give you certain rights regarding your personal information, including the rights to request access to, rectification of, erasure of, or restriction of the processing of your personal information; to object to processing based on our legitimate interests; to data portability; and to withdraw consent at any time where we rely on consent. You may exercise these rights by contacting us as described in the “How to contact us” section below. We will respond in accordance with applicable law. These rights are subject to limitations and exceptions under applicable law.

Right to lodge a complaint. If you have a concern about how we process your personal information, we encourage you to contact us first so that we can try to resolve it. You also have the right to lodge a complaint with the data protection authority in the European Economic Area member state where you reside or work or where the alleged infringement occurred, with the UK Information Commissioner’s Office if you are in the United Kingdom, or with the Federal Data Protection and Information Commissioner if you are in Switzerland.

Cross-border data transfers. We are located in the United States, and we and our service providers may process your personal information in the United States and other countries outside of Europe that may not provide the same level of data protection as your home country. Where we transfer your personal information out of Europe to a country that has not been recognized as providing an adequate level of protection, we will rely on a legally valid transfer mechanism, such as the European Commission’s Standard Contractual Clauses (together with the UK International Data Transfer Addendum or other UK- and Switzerland-specific terms where applicable) and appropriate supplementary measures. You may contact us for further information about the safeguards we apply to such transfers.

8. How to contact us#

If you have any questions or concerns about this Privacy Policy or our privacy practices, you can reach us by email at hello@hercules.app or by mail at:

Zeus AI Labs, Inc.

Attn: Privacy

2261 Market Street, STE 85611

San Francisco, CA 94114, USA