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 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.

As used in these Terms, “data” (also referred to as “records”) means the data, records, and other content Hermes Data makes available through the Service, and a single “record” means one unit of that data — for example, one contact, one vehicle listing, or one dealership entry. All Hermes Data data is licensed, not sold. You do not own, and never acquire ownership of, any Hermes Data data in whole or in part; you receive only the limited, revocable license described in these Terms. Subject to your compliance with these Terms and payment of all fees due, each data product is licensed under the general “Data ownership and license” and “Acceptable use” sections below, plus the product-specific terms in this section. Where a product-specific term is stricter than, or conflicts with, the general license, the product-specific term controls for that product.

No data may ever be resold or redistributed as data. Across every product, you may not resell, relicense, sublicense, republish, or otherwise distribute Hermes Data records to any third party as data — whether as a contact list, lead list, dataset, feed, file, or in any other form, and whether or not for a fee. Coverage figures, field counts, and refresh cadences quoted on our website or pricing pages are estimates that change as our data changes; they are not warranties of any specific record count, completeness, or accuracy.

• Dealership Contacts. Decision-maker contact records for dealerships across the United States and Canada (fields such as name, role/title, work email, phone, and LinkedIn profile), sold through the self-service portal on a credit basis. This product is licensed solely for your own internal sales and marketing activity — including contacting, prospecting, and running campaigns to the people in the records you license. You may permit a service provider — such as a marketing agency or an outsourced SDR team — to use the contact records solely on your behalf and for your own campaigns, provided it is bound by a written agreement at least as protective of Hermes Data's rights as these Terms, and your service provider's use is subject to the same restrictions and obligations that apply to you. What you may not do is sell, license, sublicense, transfer, publish, redistribute, or otherwise make the contact records — or any portion of them — available to any third party for that third party's own use, or to the public, in any form and for any reason. The contacts are people data: your use (and your service provider's) is subject to the anti-spam, telemarketing, and privacy obligations in the “Acceptable use” section, and the credit-back remedy in the “Data quality and credit-back” section is your sole and exclusive remedy for an inaccurate contact record.
• Vehicle Listings Data. A feed of live vehicle listings across the United States and Canada — new, used, and certified — including attributes such as year/make/model/trim, options, pricing, and the dealership at which each vehicle is listed. Offered on a per-region subscription basis and delivered primarily through a REST API. You may build and offer derived data products and software on top of this product — for example, a vehicle-pricing API, market analytics, valuation models, or merchandising tools powered by the listings — provided you do not resell, redistribute, or expose the raw listings data itself (or any substantial portion of it) in a form that lets a third party extract, reconstruct, or use it as a standalone dataset. Your API key is issued to you alone; you are responsible for keeping it secret, for all calls made with it, and for staying within your subscription's rate limits and region entitlements. Listings reflect third-party inventory as of the most recent refresh, may lag a dealership's own systems, and are provided without warranty as to the availability, price, or saleability of any vehicle.
• Dealership Data. A firmographic directory of retail dealership rooftops across the United States and Canada, sold through the self-service portal on a credit basis. Each record is business data about a rooftop — such as name, address, department phone lines, website, OEM franchises, inventory counts, martech/technology profile, social profiles, years in business, and aggregate employee and decision-maker counts. It contains no person-level contact records and no personal information — no named individuals, emails, or direct phone numbers. This product is licensed under the general ownership, license, acceptable-use, and no-resale provisions above, and the credit-back remedy in the “Data quality and credit-back” section is your sole and exclusive remedy for an inaccurate record. To reach named decision-makers at these rooftops, license the Dealership Contacts product.
• Dealer Groups Data. A firmographic rollup dataset covering US and Canadian dealer groups — one record per parent organization that owns multiple rooftops — sold through the self-service portal on a credit basis. Each record aggregates group-level business data such as group name, rooftop and member counts, combined inventory, OEM franchise mix, provider/technology mix, aggregate employee and decision-maker counts, HQ headcounts, average years in business, and the member-rooftop roster (joined from Dealership Data). It contains no person-level contact records and no personal information — no named individuals, emails, or direct phone numbers. This product is licensed under the general ownership, license, acceptable-use, and no-resale provisions above, and the credit-back remedy in the “Data quality and credit-back” section is your sole and exclusive remedy for an inaccurate record. To reach the named people behind these groups, license the Dealership Contacts product.

Where a product is sold under a separate order form or enterprise agreement, that document controls if it conflicts with these Terms for that product; otherwise these Terms apply in full. We may add, rename, re-scope, or retire data products over time, and will publish updated product-specific terms here as products are defined; we will give paid customers reasonable notice of changes that materially reduce a product they rely on.

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 from one billing cycle to the next and do not expire while your account remains in good standing — meaning active and not suspended or terminated for your breach or non-payment.

You may also purchase one-time top-up credit packs to supplement your subscription. Like subscription credits, top-up credits roll over and do not expire while your account is in good standing. If we close your account for our own convenience — rather than for your breach or non-payment — we will refund the value of any unused top-up credits you purchased; credits are otherwise non-refundable.

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.

The credit-back described above is your sole and exclusive remedy, and Hermes Data's entire liability, for any inaccurate, outdated, incomplete, or otherwise defective record purchased on a credit basis. (It applies to our credit-based products — Dealership Contacts, Dealership Data, and Dealer Groups Data; Vehicle Listings Data and other products are provided under their own terms and the warranty disclaimer below.) This remedy applies even if it is later found to fail of its essential purpose, and it operates together with — and does not limit — the warranty disclaimer and the limitation of liability below.

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 — except for the derived data products and software expressly permitted for Vehicle Listings Data in the “Data products and product-specific licenses” section.
• 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.

If your account is closed or your subscription lapses, your access to the Service ends and you may no longer browse, order, download, retrieve, or otherwise obtain new records. The license to records you have already downloaded or obtained continues, and you may keep using them — but only as permitted by these Terms, including the no-resale and product-specific use limits, which survive. If we terminate your license because you have breached these Terms, we may additionally revoke your right to use records already obtained and require you to 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 or becomes public through no fault of the receiving party, was already known to the receiving party without a duty of confidence, is rightfully received from a third party without restriction, or is independently developed without use of the disclosing party's confidential information. If a party is required by law or legal process to disclose the other's confidential information, it will, where legally permitted, give reasonable prior notice so the other party can seek protective treatment, and will disclose only what is legally required.

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, your right to access the Service ends and you must stop using it; your use of records you have already obtained is governed by the “Data ownership and license” section (you may keep using them, subject to the restrictions there, unless we terminate for your breach). Any fees already paid are non-refundable. Sections that by their nature should survive termination (including payment obligations, the license restrictions and no-resale obligations, the data-quality credit-back as your sole remedy, the “Your data” and de-identified-use terms, confidentiality, disclaimers, limitation of liability, indemnification, and governing law and disputes) 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 subject to the damages exclusions or the liability cap set out in 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. If the jury-trial waiver is held unenforceable in a given proceeding, that proceeding will be resolved by a bench trial before the court. If the class-action waiver is held unenforceable as to any claim, that claim will proceed in court without class or representative treatment to the fullest extent permitted, and the remainder of this section will remain in effect.

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. If there is a conflict, the following order of precedence applies for the affected subject matter: (1) a signed order form or enterprise agreement; (2) the product-specific terms in “Data products and product-specific licenses”; (3) the remainder of these Terms; and (4) the Privacy Policy.

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].