These Product-Specific Terms (“Product Terms”) are incorporated into and form part of the Terms of Service and apply when you access or use the products and services described below. Capitalized terms not defined here have the meanings given in the Terms of Service. If these Product Terms conflict with the Terms of Service, these Product Terms control, solely with respect to the product concerned. The availability of each product, its Included Usage, and the fees and credits that apply are determined by your Organization’s Entitlements and the disclosures made at purchase.

General Obligations. You are solely responsible for the Customer Applications and Customer Agents you build, publish, and operate, including their design, permissions, data access, actions, and End Users. Before deploying or relying on them, you must review and test the generated code, configuration, permissions, and automated behavior. You must provide End Users with all required terms, notices, and consents, restrict access where appropriate, and ensure that each Customer Application and Customer Agent complies with applicable law and the Acceptable Use Policy.

1. Customer Applications#

Publication and Access. A Published Customer Application is accessible according to the sign-in and data-access rules you configure. It is not restricted to Members of your Organization unless you configure it as a Restricted Access Customer Application, and we have no obligation to restrict access on your behalf. You are responsible for configuring authentication, authorization, and data-access permissions appropriate to the application’s intended audience and the sensitivity of its data.

Removal and Suspension. We may disable, unpublish, or restrict access to a Customer Application that we reasonably believe violates the Terms of Service or Acceptable Use Policy, infringes third-party rights, presents a security risk, or is the subject of a valid legal demand, and we may reclaim subdomains as described in the Terms of Service. Where practicable, we will notify you and give you an opportunity to remedy the issue.

2. Customer Agents#

Autonomous Actions. Customer Agents can act automatically, including reading and writing data, calling external services, and changing Customer Applications. You are responsible for all actions taken by a Customer Agent as if you had taken them yourself. You must configure each Customer Agent’s permissions, tools, and authorized actions narrowly, implement human review for actions with significant, irreversible, or financial consequences, and monitor its behavior in operation.

Credits. Customer Agent usage consumes AI Credits at the rates disclosed in your Entitlements and purchase disclosures. Credits are consumed based on the resources used by each action, regardless of whether the action succeeds or produces the result you intended.

3. Hercules Cloud#

Managed Infrastructure. Hercules Cloud provides managed hosting, deployment, compute, storage, authentication, and billing infrastructure for Customer Applications and Customer Agents, operated by us and our third-party providers. Included Usage, rates, and current consumption are shown in Billing settings; Cloud Credits are consumed for usage beyond Included Usage.

Balances and Resources. You must maintain a sufficient balance of Cloud Credits. If your balance becomes negative and you do not resolve it within the period stated in our notice, we may throttle usage, suspend Customer Applications and/or Customer Agents, suspend your Organization, and/or cancel your Organization’s subscription. Deleting or disabling a Customer Application, Customer Agent, or feature does not necessarily delete underlying stored resources or stop charges for resources that remain provisioned; you are responsible for reviewing and removing resources you no longer need.

Data and Backups. Our backups of Hercules Cloud are for operational and disaster-recovery purposes and are not a substitute for your own. You are responsible for maintaining copies of Customer Content and End User Content you cannot afford to lose. Resource limits, retention periods, and hosting regions are described in our documentation and may change on notice.

4. Hercules AI Gateway#

Third-party Models. The Hercules AI Gateway provides access within Customer Applications to AI models operated by us and by third-party model providers. Inputs and related data are transmitted to the applicable provider to generate outputs, and your use of each model is subject to that provider’s usage policies. We may add, change, or retire models at any time and do not guarantee that any model will remain available.

Credits and Limits. AI Gateway usage consumes Cloud Credits beyond Included Usage at the rates shown in Billing settings. AI Credits and Cloud Credits are not interchangeable. Usage is subject to rate limits, and the balance and suspension provisions of section 3 apply. Outputs are subject to the AI limitations and disclaimers in the Terms of Service.

5. Hercules Integrations#

Third-party Services. App Integrations allow third-party applications to be used inside Customer Applications; Agent Integrations allow third-party Model Context Protocol servers and tools to be used by the Hercules Agent and Customer Agents. Integrations are provided by third parties under their own terms, privacy policies, and fees, which you are responsible for reviewing and complying with. We do not control third-party services and do not warrant their availability, security, or accuracy.

Authorization and consequences. When you enable an integration, you authorize Hercules and the relevant Customer Application or Customer Agent to access the third-party service using the credentials and scopes you grant. Grant only access you are authorized to grant and keep credentials secure. Actions taken through an integration, such as sending messages, modifying records, or making purchases, can have real-world consequences that we cannot reverse, and you are responsible for them. You may revoke access at any time, but revocation does not undo actions already taken.

6. Hercules Commerce#

Payment Processing. Hercules Commerce enables you to accept payments in Customer Applications through our third-party payment processor (currently Stripe). Hercules is not a bank, payment processor, or money transmitter and does not hold funds on your behalf. You must establish an account with the processor and accept its terms; the processor may decline, limit, or terminate your account at its discretion. Processor fees are in addition to Hercules fees.

Your Responsibilities. You are the merchant of record for all transactions in your Customer Applications and are solely responsible for the goods and services you sell, pricing and tax collection, customer disclosures and receipts, fulfillment, refunds, chargebacks and disputes, and compliance with the payment processor’s terms, card-network rules, and applicable law, including consumer-protection and prohibited-business restrictions. You must use only the supported payment flows and must not collect, store, or place payment-card data in prompts, Agent Content, or Customer Application databases.

7. Hercules Domains#

Registrar Terms. Hercules Domains allows you to purchase and manage domain names through our third-party registrar partner. Domain registration is subject to the registrar’s terms and the policies of ICANN and the applicable registry, which are incorporated by reference for your domain purchases, together with the registration period, renewal, transfer, and pricing terms disclosed at purchase.

Registrant Obligations. You must provide accurate registrant information, keep it current, and respond to verification requests; inaccurate information may result in suspension or cancellation of the domain. Domains renew automatically where auto-renewal is enabled; expired domains may incur redemption fees or be released to others. Newly registered or transferred domains may be locked against transfer as required by registry rules. Registration does not confer trademark or other rights in a name, and we do not guarantee that a domain will be available, resolve without interruption, or be free of third-party claims. Domain purchases are non-refundable except as required by law or the disclosed purchase terms.

8. Hercules Email#

Sending and Compliance. Hercules Email allows Customer Applications and Customer Agents to send and receive email. You are responsible for the content of your messages, for having consent or another lawful basis to contact each recipient, and for complying with applicable anti-spam, privacy, and electronic-communications laws, including the CAN-SPAM Act, the GDPR, and CASL. Commercial messages must include accurate sender identification and a functioning unsubscribe mechanism, and you must honor opt-outs promptly. You must not send unsolicited bulk email, deceptive messages, or messages that violate the Acceptable Use Policy.

Deliverability and Limits. Email delivery depends on recipient mail systems, sender reputation, and other factors outside our control, and we do not guarantee that any message will be delivered or delivered within a particular time. Sending is subject to volume and rate limits. We monitor complaint, bounce, and abuse indicators and may throttle, suspend, or terminate sending for accounts that exceed our thresholds or that we reasonably believe are being used abusively.

9. Beta Features#

Beta Features are defined in and governed by Section 16 of the Terms of Service.

10. Exported Code#

Exported Code and External Hosting. Where your Entitlements permit, you may export the Codebase for a Customer Application or Customer Agent. Exported code remains subject to the licenses of any open source or third-party components it contains, which you are responsible for complying with. Code you host or operate outside Hercules Cloud is outside the scope of our hosting, security, support, and Service Level Agreement commitments unless we agree otherwise in writing.