These Terms of Service (“Terms”) govern the use of the askHermis platform and related services (the “Service”) provided by askHermis P.C., Athens, Greece (“askHermis”, “we”, “us”) to the business that signs up for it (the “Customer”, “you”).
The Service is for businesses only. By signing an order form, creating an account or using the Service, you accept these Terms on behalf of your business and confirm that you are authorised to do so.
1. The agreement
The agreement between you and askHermis (the “Agreement”) consists of any order form or quote you accept (the “Order”), these Terms, our Data Processing Addendum and our AI Acceptable Use Policy. Where you use our API, our API terms also apply.
If documents conflict, the Order prevails over these Terms, and the Data Processing Addendum prevails on data protection matters.
2. Definitions
- Authorised User: a person the Customer allows to use the Service on its behalf, such as an employee or contractor.
- Guest: a guest or prospective guest of the Customer who communicates with the Customer through the Service.
- Customer Data: data the Customer, its Authorised Users or its Guests submit to the Service, including data received from connected systems such as the Customer’s property management system (PMS) and messaging channels.
- Output: content generated by the AI features of the Service, such as replies to Guests, drafts, summaries and translations.
3. The Service
askHermis provides AI agents and tools that help the Customer communicate with Guests across channels such as WhatsApp, email, website chat, social messaging, SMS and voice; manage conversations in a shared inbox; run web check-in; offer upsells; and connect with the Customer’s PMS and other systems. The features included in your plan are set out in the Order.
We may improve and change the Service over time. We will not materially reduce the core functionality of the Service during a paid subscription term. Features we mark as beta or preview are provided as they are, may change or be withdrawn, and are not covered by any service commitment.
4. Accounts and access
The Customer is responsible for its Authorised Users and everything done under its account. Each Authorised User must have their own login; credentials must be kept confidential and not shared. Tell us promptly at team@askhermis.com if you suspect unauthorised access.
5. AI agents and human oversight
The Customer decides how each agent works by choosing one of three modes and can change it at any time:
- AI Auto: the agent replies and acts on its own, within the rules and information the Customer has set.
- Copilot: the agent drafts replies and a person approves them before they are sent.
- Off: the agent does not reply; the team handles conversations.
AI can make mistakes. Output is generated automatically from the information available to the agent and may be incomplete or inaccurate. The Customer is responsible for the information it gives the agents (such as prices, policies and property details), for the mode it chooses, and for reviewing Output where the stakes are high. We recommend Copilot mode for refunds, complaints, contractual changes and other sensitive matters.
Guests can tell they are interacting with AI: the Service discloses this by default. The Customer must not present AI agents as human and must not remove or contradict that disclosure, and must use the Service in line with the EU AI Act and our AI Acceptable Use Policy.
6. Acceptable use
The Customer must use the Service lawfully and must not, and must not allow anyone else to:
- send spam or messages to people who have not agreed to receive them where consent is required, or break the rules of the messaging channels used;
- upload or send content that is unlawful, infringing, misleading, harassing or harmful;
- attempt to gain unauthorised access to the Service, other accounts or our systems, or test their security without our written permission;
- interfere with or disrupt the Service, or use it in a way that places an unreasonable load on it;
- copy, reverse engineer or resell the Service, or use it to build a competing product;
- breach the AI Acceptable Use Policy.
7. Third-party services
The Service connects to systems we do not control, such as the Customer’s PMS, channel manager, payment provider and messaging platforms (for example WhatsApp, Messenger, Instagram and Viber). The Customer is responsible for its accounts with those services and for complying with their terms, including their messaging and template policies. We are not responsible for their availability, changes or acts, or for any loss caused by them.
8. Fees and payment
The Customer pays the fees set out in the Order. Unless the Order says otherwise, fees are invoiced in advance for each billing period, are due within the period stated on the invoice, and exclude VAT and other applicable taxes, which the Customer pays in addition.
Fees for a subscription term are non-refundable, except where these Terms or the law provide otherwise. If an invoice remains unpaid after a reminder, we may suspend the Service after giving at least 14 days’ written notice, until payment is received.
We may change our prices for renewal terms by giving at least 30 days’ notice before the renewal.
9. Customer Data and privacy
The Customer owns its Customer Data. The Customer gives askHermis the right to host, process and transmit Customer Data only as needed to provide, secure and support the Service and as the Customer instructs. For personal data, askHermis acts as the Customer’s processor under the Data Processing Addendum.
The Customer is responsible for having a lawful basis for the Customer Data it submits and for giving Guests the information the law requires, including in its own privacy notice.
We may create anonymised and aggregated statistics that do not identify the Customer, its Guests or any individual, and use them to operate and improve the Service.
10. Intellectual property
askHermis and its licensors own the Service, its software, design and documentation, and all improvements to them. The Customer receives a non-exclusive, non-transferable right to use the Service during the subscription term for its own business. No other rights are granted.
As between the parties, the Customer owns the Output generated for it. If the Customer gives us feedback or suggestions, we may use them freely without obligation.
11. Confidentiality
Each party will keep the other’s confidential information secret, use it only for the Agreement, and share it only with people who need to know it and are bound by similar duties. This does not apply to information that is public through no fault of the receiving party, was already known to it, was independently developed, or was lawfully received from someone else. A party may disclose confidential information when the law requires, after notifying the other party where permitted.
12. Warranties and disclaimers
We will provide the Service with reasonable skill and care and in line with its documentation. Apart from that, and to the extent the law allows, the Service is provided “as is”. We do not guarantee that it will be uninterrupted or error-free, or that Output will be accurate or complete.
13. Limitation of liability
To the extent the law allows, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data, arising from the Agreement.
Each party’s total liability arising from the Agreement in any 12-month period is limited to the fees paid and payable by the Customer under the Agreement in the 12 months before the event that gave rise to the claim.
These limits do not apply to liability arising from intent or gross negligence, to the Customer’s payment obligations, or to any liability that cannot be limited under applicable law.
14. Term, suspension and termination
The Agreement starts when the Customer accepts it and continues for the subscription term in the Order. Unless the Order says otherwise, it renews for successive terms of the same length unless either party gives notice of non-renewal at least 30 days before the end of the current term.
Either party may terminate the Agreement by written notice if the other party materially breaches it and does not remedy the breach within 30 days of being notified, or if the other party becomes insolvent.
We may suspend access immediately and to the extent needed if the Customer’s use creates a security risk, breaches the law or the acceptable use rules, or could harm the Service or others. We will tell the Customer and restore access once the issue is resolved.
For 30 days after the Agreement ends, the Customer may ask us to export its Customer Data. After that, we delete Customer Data as set out in the Data Processing Addendum, unless the law requires us to keep it.
15. Changes to these Terms
We may update these Terms. We will give at least 30 days’ notice of material changes by email or in the platform. Changes that are required by law may take effect sooner. If the Customer does not accept a material change, it may terminate the Agreement before the change takes effect; otherwise, continued use means acceptance.
16. Governing law and disputes
The Agreement is governed by the laws of Greece. The courts of Athens, Greece have exclusive jurisdiction over any dispute arising from or in connection with it.
17. General
- Assignment. Neither party may transfer the Agreement without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its business.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
- Subcontractors. We may use subcontractors and service providers to provide the Service and remain responsible for them.
- Publicity. We will name the Customer or use its logo as a reference only with its permission.
- Notices. Notices are given in writing, including by email. Notices to us go to team@askhermis.com.
- Entire agreement. The Agreement replaces any earlier understanding on its subject. If a provision is invalid, the rest remains in force. Not enforcing a right is not a waiver of it.