Legal

1.1 Controller

The data controller responsible for this website and Hermes IDE is:

Gabriel Anhaia da Silva
Email: gabriel@vinci26.com
Germany

1.2 Scope

This Privacy Policy applies to:

• The Hermes IDE desktop application
• The Hermes IDE website
• Related services

1.3 Data We Collect

1.4 Sub-Processors

The following third-party services may process limited data on behalf of the developer:

• Aptabase — in-app analytics (anonymous usage events)
• Google Analytics — website traffic analysis
• GitHub — software distribution and update delivery

AI providers (Anthropic, OpenAI, Google, GitHub Copilot) are not sub-processors; they are independent controllers accessed directly by your device under your own API keys.

1.5 Cookies & Tracking

The Hermes IDE website may use cookies set by Google Analytics for traffic analysis. The website does not use:

• Advertising cookies
• Behavioral targeting or retargeting
• Third-party ad networks

The desktop application does not set any cookies.

1.6 Data Retention

• Anonymous analytics data is retained only as long as necessary for product improvement.
• No personal data is stored in connection with the application itself.

1.7 Your Rights (EU Users)

Under the GDPR, you may have the right to:

• Access your personal data
• Rectify inaccurate data
• Erase data (“right to be forgotten”)
• Restrict processing
• Data portability
• Object to processing

Because Hermes IDE does not store identifiable personal data, many of these rights may not practically apply.

You also have the right to lodge a complaint with a German data protection authority.

1.8 California Privacy Rights (CCPA)

Hermes IDE does not:

• Sell personal information
• Share personal information for cross-context behavioral advertising

Since no personal information is collected in identifiable form, CCPA rights are generally not triggered. If applicable, users may contact gabriel@vinci26.com.

1.9 Security

Reasonable technical and organizational measures are implemented to protect any limited data processed (e.g., encrypted transport for analytics).

However, no system can be guaranteed 100% secure.

1.10 Changes

This Privacy Policy may be updated from time to time. The updated version will be posted with a new version number and date.

2.1 Acceptance of Terms

By downloading, installing, or using Hermes IDE, you agree to be bound by these Terms.

If you do not agree, you must not use the software.

2.2 Early Access & Product Status

Hermes IDE is currently provided free of charge during its Early Access period. During Early Access:

• The software may contain bugs, incomplete features, or instability — this is expected and inherent to pre-release software
• Features may be added, changed, or removed without prior notice
• The developer makes no guarantee regarding uptime, data preservation, or feature continuity
• The Early Access period may end at any time, at which point pricing and licensing terms may change

By using Hermes IDE during Early Access, you acknowledge and accept these conditions.

2.3 Pricing & Future Changes

The developer reserves the right to, at any time:

• Introduce paid tiers, subscriptions, or one-time purchase pricing
• Limit, restrict, or gate features that were previously available for free
• Modify or discontinue the free tier, Early Access program, or any feature

Free access during Early Access does not create an entitlement to perpetual free access. Users will be notified of material pricing changes via the application or website. If paid plans are introduced, separate billing terms will apply.

2.4 Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use Hermes IDE.

By using the software, you represent that you meet this requirement.

2.5 Disclaimer of Warranties

Hermes IDE is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability of AI-generated output
• Uninterrupted or error-free operation
• Compatibility with any particular workflow or system

Use of the software is at your own risk.

2.6 AI Output Disclaimer

AI-generated responses may:

• Contain factual inaccuracies or hallucinations
• Be incomplete or outdated
• Be misleading
• Produce insecure, buggy, or non-functional code
• Infringe third-party intellectual property rights

You are solely responsible for reviewing, validating, and testing all AI-generated content before relying on it in any context, including production systems, legal documents, or security-sensitive environments. The developer assumes no liability for any consequences arising from AI-generated output.

2.7 Limitation of Liability

To the fullest extent permitted by law, the developer shall not be liable for:

• Indirect, incidental, consequential, special, or punitive damages
• Loss of profits, revenue, data, goodwill, or business interruption
• Damages arising from AI-generated output
• Damages arising from code, configurations, or suggestions generated or applied by the software
• Charges from third-party AI providers
• Loss of data, corruption of files, or damage to your system
• Security vulnerabilities introduced by AI-generated code
• Discontinuation, abandonment, or cessation of the software or any related service

If liability cannot be excluded under applicable law, total liability shall be limited to the amount paid by you for Hermes IDE in the preceding 12 months (or €0 if used free of charge).

2.8 Indemnification

You agree to indemnify, defend, and hold harmless the developer from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

• Your use or misuse of the software
• Violation of applicable laws or regulations
• Violation of third-party terms (e.g., AI provider terms of service)
• Infringement of intellectual property rights
• Deployment of AI-generated code without adequate review

2.9 Third-Party Services

Hermes IDE integrates with third-party services. The developer:

• Does not control these services
• Is not responsible for their availability or downtime
• Is not responsible for their data handling practices
• Is not responsible for fees, charges, or policy violations incurred through your use of those services

Your use of third-party services through Hermes IDE is entirely at your own risk and governed by the respective provider’s terms.

2.10 Service Availability & Discontinuation

The developer does not guarantee that Hermes IDE, the website, update servers, or any related services will be available, uninterrupted, secure, or error-free at any time. The developer may suspend, modify, or discontinue any part of the service at any time without prior notice or liability.

The developer reserves the right to permanently discontinue, abandon, or cease all development, maintenance, distribution, and support of Hermes IDE at any time, for any reason or no reason, without prior notice or liability. In such event:

• The developer shall have no obligation to continue development, release updates, fix bugs, or maintain any infrastructure (including the website, update servers, or download links)
• Users have no entitlement to continued access, updates, support, or any form of compensation
• No refund, credit, or reimbursement shall be owed, except where mandatory under applicable law
• Previously downloaded copies of the software may continue to be used under the then-current license terms, but without any expectation of future compatibility, security patches, or functionality
• The developer assumes no liability for any loss, damage, or inconvenience arising from the discontinuation of the software or any related service

By using Hermes IDE, you acknowledge and accept that the software may be discontinued at any time and agree not to hold the developer responsible for any consequences of such discontinuation.

2.11 Acceptable Use

You may not use Hermes IDE to:

• Engage in unlawful activity
• Generate illegal, harmful, or abusive content
• Infringe intellectual property rights
• Build or distribute a competing product or service (as defined by the BSL 1.1 license)
• Circumvent technical restrictions, licensing mechanisms, or access controls

2.12 Dispute Resolution

These Terms shall be governed by the laws of the Federal Republic of Germany.

If you are a consumer residing in the EU, mandatory consumer protection laws of your country of residence may apply.

All disputes shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany, unless mandatory law provides otherwise.

2.13 Class Action Waiver (Non-EU Users)

To the extent permitted by applicable law, you agree that disputes shall be resolved on an individual basis and not as part of any class, collective, or representative action.

This clause does not apply where prohibited by law.

2.14 Force Majeure

The developer shall not be liable for any failure or delay in performance resulting from causes beyond reasonable control, including but not limited to: natural disasters, war, terrorism, pandemics, government actions, internet or infrastructure outages, third-party service failures, or cyberattacks.

2.15 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

2.16 Entire Agreement

These Terms, together with the Privacy Policy and EULA, constitute the entire agreement between you and the developer with respect to your use of Hermes IDE, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

2.17 Modifications

These Terms may be modified at any time. Continued use after changes constitutes acceptance of the revised Terms.

3.1 Source-Available License

Hermes IDE is licensed under the Business Source License 1.1 (BSL 1.1). The source code is publicly available at github.com/hermes-hq/hermes-ide.

Under the BSL 1.1, you may copy, modify, create derivative works, redistribute, and make non-production use of the software. Production use is permitted except as restricted by the Competing Use limitation below.

3.2 Competing Use Restriction

You may not use the Licensed Work to offer a commercial product or service to third parties that competes with or serves as a substitute for Hermes IDE. A competing product or service is one designed or marketed as a code editor, terminal emulator, or integrated development environment (IDE).

This is the only production-use restriction. Internal use, education, research, and professional services are all permitted.

3.3 Change License

Three years after the release date of each version of Hermes IDE, that version automatically becomes available under the Apache License 2.0, a permissive open-source license with no competing-use restriction.

3.4 Intellectual Property

All rights, title, and interest in Hermes IDE — including but not limited to the trademarks, brand, and documentation — remain with the developer, Gabriel Anhaia da Silva.

The BSL 1.1 does not grant permission to use the trade names, trademarks, service marks, or product names of the licensor, except as required for reasonable and customary use in describing the origin of the work.

3.5 Contributions

Community contributions are welcome. All contributors must sign a Contributor License Agreement (CLA) before their contributions can be merged. The CLA grants the project the right to use contributions under any license terms, including commercial licenses. Contributors retain their own copyright.

3.6 Third-Party Components

Hermes IDE may include third-party open-source software governed by separate licenses. Those licenses apply to the respective components and are not modified by this Agreement.

3.7 Updates

Updates may be provided at the developer’s discretion. This Agreement applies to all updates unless accompanied by separate terms.

3.8 Termination

Any use of the Licensed Work in violation of the BSL 1.1 automatically terminates your rights under this license for the current and all other versions.

Sections 3.4 (Intellectual Property), 3.10 (Export Compliance), and all limitation of liability and indemnification provisions survive termination.

3.9 No Support Obligation

The developer is not obligated to provide maintenance, technical support, updates, or bug fixes. Any support provided is voluntary and may be discontinued at any time.

3.10 Export Compliance

You agree to comply with all applicable export control and sanctions laws, including those of Germany, the European Union, and the United States.