1. Your agreement with Hercules#

These Terms govern your access to and use of the Hercules Platform, provided by Zeus AI Labs, Inc. They apply to everyone who accesses the Hercules Platform, including visitors and registered Users. By accepting them or using the Hercules Platform, you agree to them. If you do not agree, you must not use the platform. These Terms begin when you first accept them or use the Hercules Platform and continue until terminated in accordance with Section 15.

If you act for an Organization, you represent that you have authority to bind the Customer responsible for it. Otherwise, you enter this agreement personally.

These Terms include binding individual arbitration and waivers of class actions and jury trials, subject to applicable law. New Users may opt out of arbitration within 30 days of accepting these Terms. See Section 19 for details.

2. Key definitions#

Legal#

Terms of Service. The agreement governing access to and use of the Hercules Platform, together with the documents expressly incorporated into it.

Hercules, we, us, our. Zeus AI Labs, Inc., the company providing the Hercules Platform.

Customer. You or the person or legal entity responsible for an Organization.

Authorized Representative. A person authorized to accept agreements on behalf of an Organization. A Hercules account role does not, by itself, establish that authority.

Identity and access#

Organization. Where applicable, the overarching account entity that owns Customer Applications and Customer Agents, holds the billing relationship, and has Members.

User. A person who uses the Hercules Platform through a Hercules user account. Users are platform users and may belong to multiple Organizations.

Member. A User who belongs to a particular Organization.

Organization Owner. A Member with the highest level of administrative control available within an Organization.

Role. A set of permissions assigned to a Member within an Organization or for particular resources.

End User. A person, agent, or application that accesses or uses a Customer Application or Customer Agent.

Product#

Hercules Platform. The software platform and related products, features, and services provided by Hercules, including the Hercules App Builder, Hercules Agent Builder, Hercules Cloud, Hercules Commerce, Hercules Domains, Hercules Email, Hercules AI Gateway, and Hercules Integrations.

Hercules Agent. The AI agent used to create, edit, and maintain Customer Applications and Customer Agents.

Hercules App Builder. The product for creating, editing, deploying, and maintaining Customer Applications.

Hercules Agent Builder. The product for creating, editing, deploying, and maintaining Customer Agents.

Customer Application or Customer App. An application or website created or operated through the Hercules Platform, including its frontend, backend, and Customer Content, where applicable.

Published Customer Application. A Customer Application deployed for live use.

Restricted Access Customer Application. A Customer Application that limits sign-in to users meeting specified access rules.

Customer Agent. An agent created or operated through the Hercules Platform.

Published Customer Agent. A Customer Agent deployed for live use.

Hercules Cloud. The managed infrastructure supporting Customer Applications and Customer Agents, including hosting, deployment, scaling, authentication, compute, data storage, and billing infrastructure.

Hercules Commerce. The Hercules services for collecting payments inside Customer Applications and managing products, pricing, customers, inventory

Hercules Domains. The Hercules service for purchasing and managing domains.

Hercules Email. The Hercules service for sending and receiving emails.

Hercules AI Gateway. The service for accessing AI capabilities inside Customer Applications, including but not limited to text, image, voice, and real-time speech generation, with billing through Hercules Cloud.

Hercules Integrations. The platform’s integration capabilities, comprising App Integrations and Agent Integrations.

App Integrations. Hercules Integrations that allow third-party applications to be used inside Customer Applications.

Agent Integrations. Hercules Integrations that allow third-party Model Context Protocol servers to be used inside the Hercules Agent and Customer Agents.

Interfaces#

Hercules Dashboard. The browser interface for accessing the Hercules Platform at hercules.app.

Hercules SDK. The software development kit for accessing the Hercules Platform programmatically.

Hercules API. The application programming interface for accessing the Hercules Platform programmatically.

Hercules MCP. Access to the Hercules Platform through the Model Context Protocol at hercules.app/mcp

Data and content#

Personal Data. Any information relating to an identified or identifiable natural person, including information that could reasonably be linked, directly or indirectly, to a particular individual or household, and any “personal data”, “personal information”, or equivalent term as defined under applicable data protection and privacy law. Personal Data does not include information that has been anonymized or deidentified in accordance with applicable law.

Codebase. The source code and configuration files for a Customer Application or Customer Agent.

Agent Inputs. Content supplied to AI features in the Hercules Platform, including messages, instructions, files, and context supplied automatically.

Agent Outputs. Content generated by AI features in the Hercules Platform, including text, code, images, and audio.

Agent Content. Agent Inputs and Agent Outputs collectively.

Customer Content. All information, data, content or files the Customer provides, uploads, or otherwise makes available to the Hercules Platform for purposes of using the Hercules Platform, as well as any information, data, content or files generated by or for Customer through their use of the Hercules Platform, including Codebases and Agent Content. Customer Content does not include End User Content, Customer Usage Data or Application Usage Data.

End User Content. All information, data, content or files an End User provides, uploads, or otherwise makes available to a Customer Agent or Customer Application, as well as any information, data, content or files generated by or for an End User through their use of a Customer Agent or Customer Application. End User Content does not include Application Usage Data.

Customer Usage Data. Information about how the Hercules Platform is used, such as a Customer’s, or its Users’ or Members’, access to and activity on the platform, device and browser information associated with access to the platform, feature use and activity, resource consumption, platform and feature performance, technical logs, information describing the structure, organization, or properties of Customer Content, such as schemas, field definitions, record identifiers, timestamps, and file properties, as well as session information and associated timestamps.

Application Usage Data. Information about how Published Customer Applications and Published Customer Agents are used, such as an End User’s access to and activity on the Published Customer Application or Published Customer Agent, device and browser information associated with access to the Published Customer Applications and Published Customer Agents, feature use and activity, resource consumption, performance and technical logs, information describing the structure, organization, or properties of End User Content, such as schemas, field definitions, record identifiers, timestamps, and file properties, as well as session information and associated timestamps.

Usage Data. Customer Usage Data and Application Usage Data collectively.

Privacy Mode. A setting that, if enabled, prospectively excludes covered data from use in training, evaluating, or improving AI models and AI features, as specified in the applicable terms.

Billing and credits#

Plan. A free or paid offering that provides specified Entitlements to an Organization. Paid Plans have a monthly or annual Billing Interval.

Additional Products and Services. Optional products, features, or services available separately from a Plan, on a recurring or one-time basis.

AI Credit Add-on. An add-on to a Plan that provides additional monthly grants of AI Credits with a monthly Billing Interval

Entitlements. The features, services, and controls available to an Organization under its Plan, and any Additional Products and Services

Billing Interval. How often a subscription is billed, such as monthly or annually.

Billing Period. The specific date-to-date span covered by a recurring subscription charge.

Renewal Date. The date a subscription next renews and its next Billing Period begins.

Included Usage. Usage covered without consuming AI Credits or Cloud Credits, shared across the Organization. Each allowance is measured in its applicable units, such as function calls or gigabytes of storage.

AI Credits. Units used to pay for applicable usage of the Hercules Agent and Customer Agents.

Cloud Credits. Units used to pay for applicable Hercules Cloud usage not covered by Included Usage.

Credit Grant. An amount of AI Credits or Cloud Credits issued to an Organization, with the type and expiration date specified.

Bonus. A one-time offering of additional benefits, such as Credit Grants, Included Usage, or access to features or services, with no automatic recurrence.

3. Accounts and authority#

Eligibility. You must be at least 13 years old or the applicable local age of digital consent, whichever is higher. If you are under 18, you must have parental or guardian consent and any additional authorization required by law.

Account security. You must provide accurate and complete account and payment information, keep your credentials confidential, and notify us of suspected unauthorized access. You are responsible for all activity under your account.

Members and permissions. The Customer is responsible for its Members' authorized use and the permissions it assigns. A User may be a Member of multiple Organizations. We recommend multi-factor authentication, but these Terms do not require it.

Managed Organization accounts. If you register or sign in using an email address belonging to your employer or another Organization, we may treat your user account as managed by that Organization. Organization Owners and other Members with appropriate Roles may access, manage, retain, suspend, or terminate a managed user account and its contents, including associated Customer Applications, Customer Agents, and Customer Content. We will notify you when we treat your user account as managed, or rely on the Organization to do so where it has agreed to.

Export controls and sanctions. You must comply with all applicable export control and sanctions laws, including those of the United States, the European Union, and the United Kingdom. You may not use the Hercules Platform if you are located in, ordinarily resident in, or acting on behalf of a person or entity located in a country or territory subject to comprehensive embargoes or sanctions, or if you are listed on, or owned or controlled by a party listed on, any applicable restricted- or denied-party list. You represent and warrant that you are not subject to these restrictions and must not make the Hercules Platform available to any person who is.

4. Permitted use and commercial use#

Right to use the platform. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Hercules Platform according to these Terms and your Entitlements. All rights not expressly granted are reserved. This right terminates immediately if you breach these Terms or your account is terminated for any reason.

License restrictions. Except as expressly permitted in these Terms, you must not, and must not allow others to:

• copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the Hercules Platform or any Hercules materials;

• resell, provide, or make the Hercules Platform available to third parties on a service-bureau or time-sharing basis, or use it to build a competing product or service;

• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, model weights, training data, or algorithms underlying the Hercules Platform;

• bypass or disable security, usage, rate, or access controls, or exceed your Entitlements;

• access the Hercules Platform using bots, scrapers, or other automated means other than through the Hercules API, Hercules SDK, or Hercules MCP as documented;

• upload or transmit malicious code, or overload, disrupt, or interfere with the operation of the Hercules Platform;

• use the Hercules Platform, Agent Content, or Agent Outputs to train, develop, or improve a competing AI model, competing AI application, or competing software application; or

• misrepresent Agent Outputs as human-generated where doing so could cause harm or deception, or rely on Agent Outputs without appropriate human review in medical, legal, financial, safety-critical, or other high-risk contexts.

Commercial use. Commercial use requires a Business or Enterprise Plan. Commercial use includes revenue-generating applications, services or work delivered to clients, internal business operations, and paid educational programs. Free and Pro Plans are for noncommercial use. We may require an upgrade or suspend noncompliant use.

Your responsibilities. You are responsible for your Customer Applications, Customer Agents, End Users, and the notices, permissions, testing, and legal compliance required for their operation.

Access controls. You must configure sign-in and data-access permissions appropriately for your Customer Applications and Customer Agents.

5. Acceptable use#

The Acceptable Use Policy is incorporated into these Terms. You must comply with it.

6. Product-specific terms#

The Product-Specific Terms form part of these Terms when you use the relevant products or services.

7. Plans, purchases, and payments#

Entitlements and prices. Your Organization's Entitlements and applicable prices are shown in Billing settings and at purchase, subject to any signed agreement. Plans, AI Credit Add-ons, and Additional Products and Services may have different terms.

Bonuses. Bonuses are one-time promotional offerings and do not recur.

Automatic renewal. A subscription is a part of the Hercules Platform offered for a recurring fee. Subscriptions automatically renew for the same Billing Interval until you cancel them or we terminate them. By subscribing, you authorize Hercules and its payment processor to charge your payment method at the start of each Billing Period for the disclosed amounts and applicable taxes.

Payment methods. We accept major credit cards for self-service Plans. Enterprise Customers may pay by invoice. You represent that you are authorized to use your payment method, and you must pay the charges incurred through your use of the Hercules Platform. By providing a payment method, you authorize our payment processor to charge it for applicable fees and taxes. Payments are subject to the processor's terms and its own privacy notice, available on its website.

Payment timing and taxes. Fees may include subscription fees, usage fees, and third-party fees, such as payment-processing fees. Charges are prepaid unless expressly agreed otherwise in writing. Fees already incurred cannot be canceled; refunds are governed by Section 8. You must pay applicable taxes, levies, and duties associated with your use of the Hercules Platform. Taxes are calculated based on the billing information you provide, and you are responsible for keeping that information accurate and for any tax, interest, or penalties resulting from incorrect or incomplete information. Tax exemptions apply only from the date we accept valid documentation.

Billing records. We use reasonable efforts to meter usage accurately, although metering may depend on third-party services. Absent manifest error, our usage metering and billing records, and those of our payment processor, are the authoritative record of your usage, charges, and balances.

Failed payments. If a payment fails, we may immediately suspend or terminate access to the Hercules Platform until payment succeeds, subject to applicable law. For negative AI Credit or Cloud Credit balances, the notice and resolution provisions in Section 8 apply. For invoiced Customers, overdue amounts may accrue interest at the lesser of 1% per month or the maximum rate permitted by law, and you must reimburse our reasonable costs of collection to the extent permitted by law.

Cancellation and downgrades. You may cancel or request a downgrade in the Hercules Platform in Settings > Billing. Cancellation and downgrades take effect at the end of the current Billing Period. You retain access under your existing subscription until then. A canceled subscription will not renew or incur further recurring charges, but amounts already owed remain payable. You must cancel separately your AI Credit Add-ons subscriptions if you no longer want them to renew.

Plan upgrades. Unless your purchase terms state otherwise, a Plan upgrade takes effect immediately: we charge the difference in Plan prices and grant the difference in included AI Credits without time-based proration. Your renewal schedule does not reset.

Annual Plans. An annual Plan may issue AI Credits monthly even though its Billing Period is annual.

AI Credit Add-on changes. Terms for changing an AI Credit Add-on subscription are disclosed when making that change.

Changes to Plans and prices. We may change available Plans, prices, Entitlements, and purchasing arrangements. We will give notice of material changes and other notice required by law. Changes to existing recurring prices take effect at a subsequent renewal after the required notice; they do not retroactively change completed purchases or override signed commitments.

8. AI Credits, Cloud Credits, and refunds#

Separate balances. AI Credits and Cloud Credits are separate units for their respective services. Included Usage does not consume either type. You must purchase enough AI Credits or Cloud Credits before incurring usage that requires them. If excess usage nevertheless occurs, you must pay for it at the applicable rates shown in Billing settings or your purchase terms, subject to any signed agreement. The negative-balance provisions below still apply.

Expiration. AI Credit Grants and Cloud Credit Grants have the expiration disclosed at purchase or issuance. You should not assume unused amounts roll over indefinitely or remain usable after expiration.

No cash value or transfers. AI Credits and Cloud Credits are not money, deposits, or stored-value accounts. They are non-transferable and have no cash value except where a refund is required by law or expressly granted by us.

Negative balances. You must maintain sufficient balances. Negative balances are not permitted. If one occurs, we will notify you and may provide a temporary period to resolve it. If you do not resolve it, we may restrict usage, suspend affected Customer Applications or Customer Agents, suspend your access to the Hercules Platform, or downgrade your Organization to a Free Plan. Any temporary accommodation does not authorize further unpaid usage or waive payment obligations.

Refunds. ALL SALES ARE FINAL EXCEPT WHERE LAW REQUIRES OTHERWISE OR WE APPROVE A DISCRETIONARY REFUND. AI Credits and Cloud Credits are consumed by each action based on the resources used, regardless of outcome, and are not restored where an Agent Output is erroneous, incomplete, or must be regenerated, except where applicable law requires otherwise. Incorrect or unsatisfactory AI results do not entitle you to a refund. We make no guarantees of Hercules Agent's accuracy. Hercules Agent may make mistakes. Mandatory rights and expressly agreed service remedies remain unaffected.

Credits on termination. If we terminate your account or a subscription, including for material breach, fraud, or abuse, remaining AI Credits and Cloud Credits are forfeited, subject to the refund exceptions above. If you cancel, remaining credits remain available until the end of the current Billing Period or their disclosed expiration, whichever is earlier. Cancellation or termination does not otherwise entitle you to a refund.

Consumer withdrawal rights. If you are a consumer in the European Economic Area, the United Kingdom, or another jurisdiction that grants a statutory right of withdrawal, you may have the right to withdraw from a purchase within 14 days without giving a reason. By purchasing, you expressly request that we begin providing the Hercules Platform, AI Credits, or Cloud Credits immediately, and you acknowledge that your right of withdrawal is lost once performance has begun or is reduced by the value of the services or credits used before withdrawal, as permitted by applicable law. Nothing in these Terms limits mandatory consumer rights.

9. Your content and our rights#

Your ownership. As between you and Hercules, you retain your rights in Customer Content and End User Content, and we assign to you any rights we may have in Agent Outputs generated for you, to the extent permitted by law. This does not transfer rights in Hercules technology or third-party materials. Outputs may not be unique or protectable by intellectual property law.

Permission to provide the service. You grant Hercules a non-exclusive, worldwide, royalty-free license, sublicensable through multiple tiers, to use, copy, store, modify, distribute, share, reproduce, publish, list, create derivative works from, display, and otherwise use your Customer Content and the End User Content for the following purposes:

• Providing, maintaining, securing, supporting, debugging and troubleshooting the Hercules Platform, including producing and displaying responses to your Agent Inputs.

• Improving and developing our products and services, subject to Privacy Mode and, where applicable, the processing obligations incorporated into these Terms.

• Carrying out actions described in the Privacy Policy or otherwise authorized by you.

• Creating the deidentified information described below.

You represent and warrant that you have all rights needed to provide those materials and grant these permissions. These permissions remain subject to the privacy and processing protections in these Terms.

Model and feature improvement. Subject to applicable law and any applicable DPA, we may access and use Customer Content and End User Content to train, evaluate, and improve our models and AI features.

Evaluation cases. Subject to applicable law, any applicable DPA, and the Google API restrictions below, we may create snapshots of Customer Applications and Customer Agents, including their code, content, and data, for internal evaluations while Privacy Mode is off. You grant us a perpetual license to retain and reuse the non-personal portions of lawfully created evaluation cases for this purpose after content deletion, termination, or later activation of Privacy Mode. Personal Data remains subject to applicable retention and deletion obligations.

Privacy Mode. Our use of data is subject to Privacy Mode as described in the Privacy Policy.

Google API data. Our rights to use or disclose information received through Google APIs, including derived or deidentified information, remain subject to the Google API data restrictions in our Privacy Policy. These restrictions apply on every Plan, regardless of Privacy Mode or whether a DPA applies.

Hercules ownership. We own all Customer Usage Data and Application Usage Data, and we may use or disclose Customer Usage Data and Application Usage Data for any lawful purpose, including monitoring, analytics, benchmarking, improving products and services (including to train, evaluate, and improve models and AI features), or developing new features or offerings. We also retain ownership of the Hercules Platform. We and our licensors retain ownership of the materials and intellectual property we make available through it, other than your Customer Content and End User Content. You must not use our trademarks, logos, or branding without our prior written consent.

Usage data and metadata. Resource names, titles, identifiers, labels, tags, and similar management metadata are Usage Data, not Customer Content or End User Content. You must not include personal, confidential, or sensitive information in these fields.

Hercules subdomains and usernames. Hercules retains all rights in the hercules.app domain and in any subdomain, username, or other identifier we make available to you. You have no proprietary or continuing right to any particular subdomain or username. We may reclaim, reassign, redirect, suspend, or terminate a subdomain or username at any time, including to prevent confusion or impersonation, address abuse or policy violations, recycle inactive names, or for technical or business reasons. Where practicable we will give at least seven days’ notice; we may act immediately where necessary to address legal requirements, security threats, or abuse. Reclamation does not entitle you to a refund or compensation. You should use a custom domain for any Published Customer Application on which you or your End Users depend.

Feedback. You grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, publish, and otherwise exploit your feedback and suggestions for any purpose, without restriction or compensation to you.

Publicity. If you are a business entity, you grant us a non-exclusive, worldwide, royalty-free license to use your name, logo, and trademarks to identify you as a Customer on our website and in customer lists, presentations, and other marketing materials. You may revoke this license at any time by written notice to us. After we receive your notice, we will use commercially reasonable efforts to stop using your marks in new materials, but we are not required to recall or destroy materials already in use. You represent that you have the rights needed to grant this license.

Deidentified information. We may create information by deidentifying your Customer Content and/or End User Content. As between you and Hercules, we own the resulting information and may use, copy, store, modify, distribute, share, reproduce, publish, list, create derivative works from, display, and otherwise use it for any lawful purpose. It must not reasonably identify you or another individual, and its creation and use must comply with Privacy Mode and applicable processing obligations. We will not use this provision to evade those protections.

Takedown policy. The Takedown Policy is incorporated into these Terms and governs infringement reports and counter-notifications.

10. Privacy and security#

Privacy. The Privacy Policy is incorporated into these Terms. You are responsible for providing End Users and any other relevant data subjects with all required notices, obtaining any required consents, and establishing a lawful basis for the Personal Data you process through the Hercules Platform.

Data Processing Addendum. If your Organization is on an Enterprise Plan, we will enter into our standard Data Processing Agreement (“DPA”) with you upon request. Once executed, the DPA is incorporated into these Terms and governs our processing of Personal Data on your behalf, and in the event of a conflict between the DPA and these Terms regarding the processing of Personal Data, the DPA controls.

Security information. See our trust center for security practices and our subprocessor list.

Your security responsibilities. Customers remain responsible for securing their own credentials, permissions, integrations, and applications.

Sensitive data. Unless your Plan or a separate written agreement with us expressly permits it, you must not upload, input, store, or process through the Hercules Platform any protected health information subject to HIPAA, payment card data subject to PCI DSS, government-issued identifiers, biometric data, or other special categories of personal data. The standard Hercules Platform is not designed to serve as a system of record for, or to provide regulatory-grade safeguards for, such data. If you provide sensitive data in breach of this Section, you do so at your own risk, you are solely responsible for any lawful basis and consents required, and you must indemnify us for resulting claims. We may remove such data or suspend affected Customer Applications or Customer Agents where we become aware of non-compliant use.

Service dependencies and data location. We provide the Hercules Platform using our own technology together with third-party infrastructure, hosting, and AI model providers. We do not fully control those providers and cannot guarantee uninterrupted availability, performance, or security of the Hercules Platform. Unless we expressly agree otherwise in writing or, where applicable, the incorporated DPA provides otherwise, we do not guarantee that data will be processed or stored in any particular country or region.

11. AI limitations and third-party services#

AI makes mistakes. AI can produce incorrect results, even when they appear accurate or convincing. Agent Outputs may be inaccurate, incomplete, biased, non-unique, or unsuitable. Hercules does not guarantee any AI results, including their accuracy, completeness, reliability, or suitability for your intended use.

Review AI results. You must review, validate, and test Agent Outputs, code, permissions, and deployed behavior before relying on them, and obtain professional advice where appropriate. Agent Outputs may include or resemble open source or other third-party materials. You must review and comply with any applicable license terms.

Automated actions. Automated actions can cause data loss, unwanted transactions, vulnerabilities, or outages. You are responsible for reviewing automatically built, run, or deployed code, securing its execution environment, and mitigating potential harm. You must configure permissions and oversight accordingly.

Documentation. Our documentation provides guidance, not a guarantee of accuracy or results.

Third-party terms. The Hercules Platform may link to or require third-party sites, materials, or services that Hercules does not own or control. When you access them or share content through them, you agree to their applicable terms and do so at your own risk. Third-party integrations, plug-ins, and open source components are provided as is. To the extent permitted by law, you release Hercules from liability arising from your access to or use of those third-party services. This does not remove Hercules' responsibilities for subprocessors engaged to deliver its own service or override express service commitments.

12. Support#

The Support Policy is incorporated into these Terms and governs support.

13. Professional services#

The Professional Services Terms are incorporated into these Terms and govern professional services where applicable.

14. Service Level Agreement#

The Service Level Agreement is incorporated into these Terms only where applicable under that agreement.

15. Suspension, termination, and data#

Suspension and termination. You may deactivate your account or cancel a subscription at any time, with cancellation taking effect under Section 7. We may suspend or terminate a subscription, account, or the Hercules Platform at our discretion, subject to applicable law, notice requirements, and existing contractual commitments. Access may end immediately for a breach of these Terms, prohibited use, security threats, or nonpayment, or when legally required. On termination, your right to access and use the Hercules Platform ends, the license in Section 4 terminates, and Published Customer Applications, Customer Agents, and associated subdomains may cease to operate. You remain responsible for all fees and charges incurred through the effective date of termination, and outstanding fees become due on termination for breach. For unresolved negative balances we follow Section 8. Cancellation, suspension, or termination does not erase amounts already owed or create a refund entitlement beyond Section 8.

Data exports. You may export your data within 30 days after termination.

Inactive Free Organizations. We may permanently delete a Free Organization after six consecutive months with no login or API activity for that Organization. We will attempt to notify the Organization Owner by email at least 14 days before deletion.

Continuing obligations. Payment obligations already incurred, ownership, applicable licenses, confidentiality and data obligations, disclaimers, liability limits, indemnities, and dispute provisions survive to the extent needed to give them effect.

16. Disclaimers#

Beta features. We may make features available that are identified as alpha, beta, preview, trial, early access, or experimental (“Beta Features”). Beta Features may be incomplete, may change at any time, and may be modified, suspended, or discontinued without notice and without liability to you. They are provided as is and as available, without warranties of any kind, and are excluded from any service levels, support commitments, and indemnification obligations we may have. Beta Features may be subject to additional terms presented when you enable them. Your use of Beta Features is voluntary and at your own risk.

Service warranties. Except for express commitments in an applicable signed agreement or incorporated service policy, the Hercules Platform is provided AS IS AND AS AVAILABLE. To the maximum extent permitted by law, we disclaim all other express and implied warranties regarding the Hercules Platform, its intellectual property, and information available through it, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Advice or information does not create an additional warranty.

AI warranties. We make no representations or warranties about the accuracy, originality, safety, or suitability of Agent Outputs or automatically executed code. To the maximum extent permitted by law, we disclaim liability arising from your use of or reliance on Agent Outputs and automatically executed or deployed code. You remain responsible for review and use. These disclaimers do not override express commitments in an applicable signed agreement or incorporated service policy.

Mandatory rights. Nothing here excludes a warranty or right that law does not permit us to exclude.

17. Indemnification#

Your indemnification obligations. To the maximum extent permitted by law, you must defend, indemnify, and hold harmless Hercules, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents from claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising from or relating to:

• Your access to or use of the Hercules Platform.

• Your breach of these Terms, a representation, warranty, or agreement referenced in them, or applicable law.

• Your violation of third-party rights, including intellectual property, publicity, confidentiality, or privacy rights.

• Your Customer Content or other content submitted through your account.

• Your willful misconduct.

• A third party's access to or use of the Hercules Platform through your credentials.

• Your use of or reliance on Agent Outputs.

• Your Customer Applications and Customer Agents, including claims brought by your End Users or otherwise relating to End User Content.

• Your failure to comply with applicable data protection or privacy law, including failure to provide required notices to, or obtain required consents from, End Users or other individuals whose Personal Data you process through the Hercules Platform.

Covered damages include direct, indirect, incidental, consequential, and other damages, to the extent permitted by law.

Defense of claims. We may take exclusive control of the defense at our own expense without limiting applicable indemnification obligations. You will not settle any claim without our prior written consent. You must reasonably cooperate. This provision does not require indemnification to the extent prohibited by law.

18. Liability limits#

EXCLUDED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERCULES AND THE PERSONS PROTECTED UNDER SECTION 17 ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM THESE TERMS OR THE PLATFORM.

UNAUTHORIZED ACCESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERCULES IS NOT RESPONSIBLE FOR DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE HERCULES PLATFORM, YOUR ACCOUNT, OR INFORMATION HELD IN THEM. THIS DOES NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR OVERRIDE MANDATORY DATA PROTECTION OBLIGATIONS OR EXPRESS COMMITMENTS IN AN APPLICABLE SIGNED AGREEMENT OR INCORPORATED SERVICE POLICY.

THIRD-PARTY PROVIDERS, AI OUTPUTS, AND DATA LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HERCULES IS NOT LIABLE FOR DOWNTIME, FAILURES, DELAYS, OR OTHER ISSUES CAUSED BY THIRD-PARTY INFRASTRUCTURE, AI MODEL, PAYMENT, OR INTEGRATION PROVIDERS; FOR ERRORS OR INACCURACIES IN AGENT OUTPUTS; FOR ACTS OR OMISSIONS OF YOU, YOUR MEMBERS, YOUR END USERS, OR ANYONE USING YOUR ACCOUNT; OR FOR LOSS OF CUSTOMER CONTENT OR END USER CONTENT, EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS DOES NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR OVERRIDE MANDATORY DATA PROTECTION OBLIGATIONS OR EXPRESS COMMITMENTS IN AN APPLICABLE SIGNED AGREEMENT OR INCORPORATED SERVICE POLICY.

LIABILITY CAP. THE TOTAL COMBINED LIABILITY OF HERCULES AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS, THE HERCULES PLATFORM, OR ITS CONTENT WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID HERCULES FOR THE SERVICE IN THE SIX MONTHS BEFORE THE INCIDENT GIVING RISE TO THE CLAIM OR $100.

APPLICATION OF THE LIMITS. THESE LIMITS APPLY REGARDLESS OF THE LEGAL THEORY, INCLUDING CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR STATUTE, EVEN IF WE WERE ADVISED THAT DAMAGE WAS POSSIBLE AND EVEN IF A LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE. THESE LIMITS ARE FUNDAMENTAL TO OUR AGREEMENT; WE WOULD NOT PROVIDE THE HERCULES PLATFORM WITHOUT THEM. THEY DO NOT LIMIT LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR OVERRIDE MANDATORY DATA PROTECTION RIGHTS.

19. Disputes and arbitration#

Governing law and courts. California law governs, excluding its conflict-of-law rules and subject to mandatory protections that apply where you live. Courts in San Francisco, California have exclusive jurisdiction over disputes not subject to arbitration, to the extent permitted by law. If you are a consumer resident in the European Economic Area, the United Kingdom, or Switzerland, you retain the benefit of the mandatory consumer protection laws of your country of residence and may bring proceedings in the courts of that country. You may also be entitled to lodge a complaint with your local data protection supervisory authority.

Individual arbitration. Except for the exceptions below, disputes relating to these Terms, the platform, marketing, transactions, or your relationship with Hercules will be resolved by binding individual arbitration administered by the American Arbitration Association. This includes disputes arising before or after acceptance where legally permitted.

Opt-out. A new User may opt out within 30 days of accepting these Terms by emailing hello@hercules.app with their full legal name and a clear statement opting out of arbitration. Other provisions remain applicable.

Informal resolution. Before starting arbitration, you must first try to resolve the dispute by contacting hello@hercules.app. If the dispute remains unresolved after 60 days, either party may initiate arbitration.

Arbitration process. A single arbitrator will resolve the dispute under the American Arbitration Association's applicable rules, available at adr.org. The Expedited Procedures apply where permitted by those rules; consumer disputes are subject to the applicable Consumer Arbitration Rules and mandatory consumer protections. If the rules conflict with this Section, this Section controls to the extent permitted by applicable law and the administering organization's mandatory requirements. Arbitration takes place in your United States county or San Francisco County, California, unless the parties agree otherwise or law requires otherwise.

Arbitrator's authority. To the extent permitted by law, the arbitrator has exclusive authority to decide the interpretation, applicability, and enforceability of this arbitration agreement and threshold questions about whether a dispute must be arbitrated. This includes defenses based on waiver, delay, unconscionability, lack of a binding promise, or estoppel. Matters that applicable law reserves to a court remain for the court.

Arbitration costs. For commercial use, each party pays the fees required by the applicable rules, and the arbitrator may award arbitration costs, reasonable attorneys' fees, and expert witness fees where permitted. For noncommercial use, an initiation fee may apply unless waived, and the arbitrator may award your arbitration costs, reasonable attorneys' fees, and expert witness fees where permitted. Hercules will pay costs required by law or the applicable rules. Hercules will also pay arbitration costs if you demonstrate financial hardship, as determined by Hercules in its discretion, subject to applicable law and mandatory fee protections.

CLASS ACTION AND JURY TRIAL WAIVER. TO THE EXTENT PERMITTED BY LAW, YOU AND HERCULES WAIVE THE RIGHT TO TRIAL BY JURY AND TO BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION, INCLUDING CLASS ARBITRATION. THIS APPLIES WHETHER USE OF THE HERCULES PLATFORM IS PERSONAL, COMMERCIAL, OR OTHERWISE. RELIEF MAY BE AWARDED ONLY TO AN INDIVIDUAL CLAIMANT, ONLY AS NEEDED FOR THAT INDIVIDUAL CLAIM, AND MAY NOT AFFECT OTHER USERS, EXCEPT WHERE LAW REQUIRES OTHERWISE.

SMALL CLAIMS. YOU MAY BRING ELIGIBLE CLAIMS IN SMALL CLAIMS COURT IF THEY REMAIN IN THAT COURT AND PROCEED ONLY ON AN INDIVIDUAL BASIS. FOR NONCOMMERCIAL DISPUTES, YOU MUST FIRST ATTEMPT THE INFORMAL RESOLUTION PROCESS ABOVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW AND THE APPLICABLE CONSUMER RULES.

EQUITABLE RELIEF. HERCULES MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO PREVENT ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ITS INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, OR DATA SECURITY RIGHTS.

Arbitration severability. If a provision of this arbitration agreement is invalid, unlawful, or unenforceable, it is severed and the rest remains effective, including the right to compel arbitration of remaining individual claims. If the class action and jury trial waiver is unenforceable because it prevents public injunctive relief, only the claim for that relief may proceed in court. Other claims remain subject to arbitration. The court proceeding for public injunctive relief will be stayed pending the individual arbitration, to the extent permitted by law.

20. Changes and general provisions#

Which terms control. A signed agreement controls conflicting general terms for its subject matter. Mandatory data processing and transfer protections control conflicting general permissions. Product-Specific Terms control product-specific conflicts. Otherwise these Terms control. Incorporation does not turn informational trust-center materials into additional service guarantees.

Service changes. We may add, change, or discontinue features, subject to applicable notice requirements and existing contractual commitments. When feasible, we will announce material service changes in the platform or by email at least seven days in advance.

Updates and notice. We publish dated versions of these Terms and incorporated policies. We will notify you of material changes by email or in the platform and provide advance notice where required or appropriate. Urgent legal or security changes may require a shorter period. Editorial changes do not require separate notice unless law requires it. If you expressly accept the changes before the end of the notice period, the revised Terms take effect on the date of your acceptance.

When changes take effect. Changes apply from their stated effective date after any required notice or acceptance; they do not automatically apply retroactively. Where permitted by law, continued use after that date signifies acceptance. We will seek express acceptance where required.

Entire agreement. These Terms, together with applicable incorporated policies and signed agreements, form the entire agreement between you and Hercules for their subject matter and supersede prior agreements, understandings, and representations on that subject matter. This does not displace a signed agreement that remains applicable under the order of precedence above.

Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent; and any unauthorized assignment is void. We may assign, delegate, or transfer these Terms, including in connection with a merger, acquisition, reorganization or sale of assets.

No waiver. Failure to enforce a provision is not a waiver.

Severability. If a provision is invalid or unenforceable, it will, to the extent permitted by law, be replaced with a valid, enforceable provision that most closely reflects its original intent and economic effect. The remaining provisions stay in effect. The specific severability rules in Section 19 govern the arbitration provisions.

Electronic communications. You consent to receive electronic communications from us relating to the Hercules Platform and these Terms. You agree that notices, agreements, disclosures, and other communications we send electronically satisfy legal communication requirements, including requirements that they be in writing, to the extent permitted by law. Notices are effective when sent or posted. You are responsible for keeping your account email address current; a notice sent to that address is deemed received even if the address is no longer valid. Notices to us must be sent to the address specified in Section 21.

Events beyond reasonable control. Neither party is liable for failure to perform caused by circumstances beyond its reasonable control, such as natural disasters, war, labor disputes, or internet outages, for the duration of the event plus 30 days. This is subject to mandatory law and express service commitments.

Headings. Section headings are for convenience only and do not affect interpretation.

Relationship of the parties and third parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship. Except for the persons entitled to indemnification and liability protection under Sections 17 and 18, there are no third-party beneficiaries of these Terms.

21. Contact#

Company address. Zeus AI Labs, Inc., 2261 Market Street, STE 85611, San Francisco, CA 94114, USA.

Contact us. Contact hello@hercules.app for legal or support inquiries, abuse-reports@hercules.app for abuse reports, and sales@hercules.app for Enterprise inquiries.