Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Hermes Data website, customer portal, APIs, and any associated data products (collectively, the “Service”) operated by Hermes Data, Corp. (“Hermes Data”, “we”, “us”).

By creating an account, purchasing a subscription, or otherwise using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to both you individually and that entity.

If you do not agree to these Terms, do not use the Service.

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. The Service is intended for business use; consumer use is not supported.

You are responsible for all activity that occurs under your account, including activity by employees, contractors, or other personnel you authorize. Keep your login credentials confidential and notify us promptly at [email protected] if you suspect any unauthorized access.

Hermes Data provides verified dealership contact data and related business data to vendors and service providers that sell into the automotive retail channel. The Service includes a self-service portal for filtering, ordering, and downloading contact data, and may include additional data products (dealership records, dealer-group hierarchies, vehicle listings, and similar) as we release them.

We continuously update and improve the Service. Features may be added, modified, or removed at our discretion. Material changes to functionality that paid customers rely on will be communicated by email with reasonable notice.

The Service is sold on a subscription basis. Each subscription tier includes a monthly allotment of credits that you can spend on data downloads. Unused credits roll over inside the current billing cycle and behave as described in your account's plan page.

You may also purchase one-time top-up credit packs to supplement your subscription. Top-up credits do not expire while your account remains in good standing.

Subscription fees are billed in advance for the term you select (monthly or annual) and are non-refundable except where required by law or as expressly stated in these Terms. You authorize us, through our payment processor (Stripe), to charge your designated payment method for all fees due.

We may change subscription pricing or credit allowances with at least 30 days' notice to your account email. If you do not agree to a price change, you may cancel before the change takes effect; your current paid term will continue at the existing price.

We work hard to keep our data accurate and current, but no contact database is perfect. If a record you purchase from us is materially incorrect — for example, a contact has left the dealership, the email address no longer routes, or the role is mislabeled — you may report it within 30 days of download.

For each verified bad record, we will credit five times the credit cost of that record back to your account wallet. Replacements are issued as wallet credits, not as re-downloads of the original order. Download links are valid for seven days from order fulfillment and are not reissued after expiration; please save your files when you download them.

We do not warrant that any contact will respond to outreach, accept a meeting, or purchase anything. Outreach success depends entirely on your offer, messaging, and execution, and is your responsibility.

You agree not to, and not to permit anyone using your account to:

• Resell, license, sublicense, or otherwise distribute Hermes Data records to any third party as a standalone data product, contact list, lead list, or dataset. You may incorporate the data into your own products, services, and workflows as described in the license section below — what you may not do is repackage or sell the data itself as data.
• Use the data in a manner that violates any applicable law, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), CASL, GDPR, CCPA, or any other privacy, anti-spam, marketing, or telecommunications law applicable to your outreach. Compliance with all such laws — including obtaining any required consents and honoring suppression and opt-out requests — is your sole responsibility.
• Use the data to send communications that are unlawful, deceptive, harassing, or that would expose Hermes Data or its data sources to legal liability or reputational harm.
• Attempt to reverse-engineer, scrape, or systematically extract data from the portal beyond what your subscription permits, or interfere with the operation or security of the Service.
• Use the Service to develop a competing contact database, dealership-data marketplace, or substantially similar standalone data offering.
• Misrepresent your identity, your company, or your intended use when filtering, ordering, or downloading data.

We may suspend or terminate your account if we determine, in our reasonable judgment, that you have violated this section.

The data is licensed, not sold. Hermes Data and its licensors own and retain all right, title, and interest in and to the data and the Service, including all intellectual property rights. You acquire no rights in or to the data other than the license expressly granted below.

Subject to your compliance with these Terms and payment of all fees due, Hermes Data grants you a worldwide, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the records you obtain from the Service for your own business purposes, including:

• Marketing, prospecting, sales, outreach, and account research;
• Internal business analysis, segmentation, modeling, and reporting;
• Enriching, augmenting, or incorporating the data into the products, services, and tools you offer to your own customers — provided that the data is not itself the product being sold and is not exposed in a form that allows your customers to extract or rebuild the underlying database.

You may share the data with service providers (such as marketing agencies, sales tools, outsourced SDR teams, or data-processing vendors) acting on your behalf, provided they are bound by written agreements at least as protective of Hermes Data's rights as these Terms and use the data solely for your benefit.

This license terminates automatically when your account is closed, your subscription lapses for more than 30 days, or you breach these Terms. On termination, you must stop using Hermes Data records for any new outreach, marketing, or product integration, and you must securely destroy any copies in your possession on our request.

You retain ownership of the information you provide to us — your account profile, billing details, filter selections, search history, and any content you upload. We process this information to operate the Service and to provide support, as described in our Privacy Policy.

You grant us a limited right to process your data in aggregated, de-identified form to improve the Service, including improving data coverage, accuracy, and recommendations. We do not sell your account information to third parties.

Each party may receive information from the other that is confidential. Each party agrees to use the other's confidential information only as needed to perform under these Terms, to protect it with at least the same care it uses for its own confidential information of like importance (and no less than reasonable care), and not to disclose it to third parties except to its employees, contractors, and advisors who are bound by confidentiality obligations. This section does not apply to information that is public, was already known, is independently developed, or is required to be disclosed by law.

You may cancel your subscription at any time from your Account & Billing page in the portal. Cancellation takes effect at the end of your current paid term; your account remains active until then, and we do not pro-rate refunds for the remainder of the term.

We may suspend or terminate your account immediately if you breach these Terms, if your payment method fails and is not corrected within a reasonable period, or if we are required to do so by law. We will give you notice when practicable.

On termination, the licenses granted under these Terms end, you must stop using the Service, and any fees already paid are non-refundable. Sections that by their nature should survive termination (including payment obligations, license restrictions, confidentiality, disclaimers, limitation of liability, and indemnification) will survive.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL DATA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL PRODUCE ANY PARTICULAR RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HERMES DATA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You will defend, indemnify, and hold harmless Hermes Data, its affiliates, and its officers, directors, employees, contractors, agents, and licensors (the “Hermes Indemnitees”) from and against any and all third-party claims, actions, proceedings, investigations, demands, damages, fines, penalties, settlements, judgments, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, expert fees, and the cost of any required notifications, investigations, or remediation) arising out of or in any way related to:

• your use of the Service or any records obtained from it, including any outreach, marketing, sales, or other communications you send or cause to be sent;
• any actual or alleged violation by you (or by anyone acting on your behalf) of these Terms, applicable law, or any third party's rights — including privacy, publicity, intellectual property, anti-spam, telemarketing, or consumer-protection rights;
• any product, service, integration, or output you offer that incorporates or relies on Hermes Data records, including claims brought by your own customers or end users;
• any unauthorized access to or use of your account that results from your failure to protect your credentials; or
• any dispute between you and any individual contacted, prospect, customer, employee, contractor, or service provider arising from your use of the Service.

This obligation applies regardless of whether the underlying claim is meritorious or ultimately successful, and is not capped by the limitation of liability section. Hermes Data may, at its option, assume sole control of the defense and settlement of any claim subject to indemnification, with counsel of its choosing; you will cooperate fully and at your expense with that defense. You may not settle any claim that imposes any obligation on, or admits any liability of, any Hermes Indemnitee without our prior written consent.

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the portal at least 30 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

We may also modify, suspend, or discontinue any part of the Service at any time. We will give reasonable notice for changes that materially reduce functionality that paid customers depend on.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts.

Each party waives any right to a jury trial in any proceeding arising out of or related to these Terms. Neither party may bring claims as a plaintiff or class member in any purported class or representative action.

These Terms, together with our Privacy Policy and any order forms or written agreements we enter into with you, constitute the entire agreement between you and Hermes Data regarding the Service and supersede any prior or contemporaneous agreements on that subject.

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets. Any attempted assignment in violation of this section is void.

If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

Questions about these Terms can be sent to [email protected].