Terms of Use of Hermes

User Agreement

This document (the "User Agreement") is a legally binding agreement between you and Funk-iSoft, LLC ("Funk-iSoft") that governs your use of Hermes's services.

Contract Formation

By using the Hermes desktop or mobile applications, or any services of Hermes ("Service"), you are agreeing to be bound by the following terms and conditions ("User Agreement").

Changes to the User Agreement

Funk-iSoft reserves the right to update and change the User Agreement from time to time without notice and at its sole discretion.

Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You can review the most current version of the User Agreement at any time at: https://funk-isoft.com/tos-hermes.html. Funk-iSoft reserves the right to update and change the User Agreement by posting updates and changes to the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Violation

Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.

Account Terms

You must be 13 years or older to use this Service.
You must provide valid information as requested in order to complete the signup process.
A single account may only be used by one person.
You are responsible for keeping your password secure. Funk-iSoft cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You must not upload, post, host, or transmit unsolicited "spam" messages through Hermes.
You must not transmit any worms or viruses or any code of a destructive nature.
You may not use the Service for any illegal or unauthorized purpose.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Funk-iSoft.
A breach or violation of any of the Account Terms as determined in the sole discretion of Funk-iSoft will result in an immediate termination of your services.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement before you may become a member of the Service.

We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.
Funk-iSoft does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Funk-iSoft does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Technical support is only provided on a "best effort" basis and is only available via e-mail.
You understand that Funk-iSoft uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
Funk-iSoft does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that in no event shall Funk-iSoft, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Funk-iSoft has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
If you used a promotional code to create an account that gave an ongoing discount for the cost of the Service, upgrading or downgrading the account will immediately forfeit such discount going forward.
Canceling your Service will result in the deletion of your Content.

Cancellation and Termination

Verbal, physical, written or other abuse (including threats of abuse) of any Funk-iSoft customer, employee, member, or officer will result in immediate account termination.
All of your Content will be deleted from the Service upon account deletion. This information will be permanently deleted. Once deleted, your Content can not be recovered.
We reserve the right to modify or terminate your Service for any reason, without notice at any time.

Entire Agreement

This User Agreement constitutes all the terms and conditions agreed upon between you and Funk-iSoft and supercedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Funk-iSoft are void. You agree and accept that you have not accepted the terms and conditions of this User Agreement in reliance of or to any oral or written representations made by Funk-iSoft not contained in this User Agreement.

Severability

Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this User Agreement and the application of that provision shall be enforced to the extent permitted by law.

Governing Law and Disputes

This User Agreement shall be governed and construed in accordance with the substantive laws of the United States of America. Any dispute, controversy or claim arising out of or in connection with this User Agreement will be subject to the jurisdiction of the courts of the United States of America.