Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Hermoso ("Hermoso", "we", "us"), a company incorporated in Ontario, Canada. They govern your access to and use of the Hermoso website, web application, APIs, MCP server, command-line tools, and every related service (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you are using the Service for a company, you confirm you are authorised to bind it, and "you" means that company.

Please read sections 6, 7, 7A and 18 to 22A carefully. They say that you are 100% responsible, without any limit, for everything you create, upload, publish and run with the Service, including every real person's face, likeness and voice, that you must have written permission for every real person you use, and that you will cover Hermoso in full for any claim that arises from your use. They also say that the Service is provided as is, that you accept the risk of using it, that our liability to you is excluded as far as the law allows and limited where it is not, that we keep records that link content to the account that made it, and that you must cooperate with our investigations. Section 23 includes, where permitted, a waiver of class actions.

1. The Service, and what it does on your behalf

Hermoso is an AI-assisted platform for researching advertising creative, generating images, video, voice and copy, publishing to social accounts you connect, and building and managing campaigns on advertising platforms you connect. Features, models, providers, limits and prices may change as we improve the Service.

The Service acts on your instructions, including instructions given by software. You can drive Hermoso from the web app, from our API, or from an AI agent or other client connected through our MCP server or CLI. Anything done through your account or an access key issued to your account is treated as done by you and on your authority, whether a person typed it or an automated agent produced it. You are responsible for supervising any agent you point at the Service and for the instructions it gives us.

2. Eligibility, your account, your team and your keys

You must be at least 16, or the age of majority where you live if that is higher, to use the Service. You agree to provide accurate information, to keep your credentials and access keys secure, and to remain responsible for all activity under your account. If you invite team members to a workspace, or share a workspace with a client or an agency, you remain responsible for what they do in it. Tell us promptly at hello@hermoso.ai if you believe your account or a key has been compromised.

3. Acceptable use

You agree not to use the Service to:

• Infringe anyone's intellectual property, publicity, or privacy rights, including generating creative that copies a third party's protected brand assets, logos, music, or a real person's likeness without rights to do so.
• Use, create, or depict the face, likeness, voice, or name of any real person without their consent, or in a way their consent does not cover.
• Upload, cast, clone or depict any celebrity, public figure, politician or other well-known person without a signed licence from them, or any person you have not got written permission from.
• Impersonate any person, brand, or organisation, or create deceptive deepfakes: content that makes it look or sound as if a real person said or did something they did not.
• Create sexual or sexually suggestive content of any real person, any sexual content involving a minor, or any content that sexualises, exploits, or endangers minors.
• Harass, bully, threaten, defame, or shame anyone, or create content meant to humiliate a real person.
• Create political or election content that deceives people, including fake endorsements, fabricated statements by candidates or officials, or misleading content about voting.
• Create unlawful, deceptive, harmful, or hateful content.
• Misrepresent AI-generated content where disclosure is legally required, or violate advertising laws, consumer-protection laws, or platform policies.
• Publish to, or run advertising on, any account you do not own or are not authorised to act for.
• Abuse, reverse-engineer, scrape, resell, overload, or attempt to circumvent the Service's limits, metering, or security.

We may remove content or suspend accounts that violate this section, as set out in section 22.

4. Your content and inputs

You retain ownership of the brand assets, prompts, and other materials you provide ("Inputs"). You grant us a limited, worldwide license to host, process, and transmit your Inputs solely to operate, secure, and improve the Service and to generate outputs for you. You represent that you have every right and permission needed for your Inputs, as set out in sections 6 and 7.

5. Generated output, and your duty to review it

Subject to these Terms and your payment of applicable fees, you own the images, videos, voice, and copy you generate ("Output"), to the extent such ownership is permitted by law. Because AI models are probabilistic, Output may be similar to content generated for others, and we make no guarantee that Output is unique, accurate, or free of third-party rights. Output can misstate facts, misrender text, logos, packaging or product detail, invent claims, or produce results you did not intend, and it is not professional, legal, medical, or financial advice.

You are responsible for reviewing every piece of Output before you use it, and for confirming that you hold the rights to use it, that its claims are true and substantiated, and that it complies with the law and with the rules of any platform you put it on. This applies to brand assets, trademarks, likenesses, prices, offers, disclosures and comparative claims. We do not review Output for you and we are not your advertising, legal, or compliance reviewer.

6. You are responsible for what you create and use

You bear 100% of the responsibility and liability, without any cap or limit, for all content you create, upload, publish or run with the Service, for every use you make of the Service, and for every use made of it through your account, including by your team members, your clients and any AI agent or software acting for you. You are responsible for having every right and permission your content needs. That includes, without limitation:

• the face, likeness, image, voice, and name of every real person in or behind your content;
• copyrighted material, including photos, video, footage, text, and artwork;
• trademarks, logos, and brand assets, including those of other companies;
• music, sound recordings, and voices; and
• third-party posts, ads, and videos that you clone, remix, or use as a reference.

We do not check whether you have these rights, and we are not responsible if you do not. The same applies to content an AI agent, a team member, or anyone else using your account creates, uploads, or publishes. Hermoso is a tool. How you use it, and what happens as a result, is up to you and is your responsibility.

7. Real people: faces, likenesses, and voices

You must have written permission from every identifiable real person whose image, face, likeness or voice you upload to the Service, cast, clone, or depict in content made with it, unless that person is you. The permission must cover advertising and AI-generated content. If that person is a minor, you must also have written permission from their parent or legal guardian. You must keep these permissions for at least as long as you use the content and three years after, and give us a copy within 5 business days if we ask. If you cannot, we may treat the content as unauthorised.

Public figures and celebrities are no exception. You may use a public figure's or celebrity's face, likeness, voice, or name only if you hold documented rights to do so, such as a signed licence or endorsement agreement. Being famous, or appearing in public, is not consent.

How you confirm consent. In the web app, we ask you to confirm, for each real person's face or voice, that you are that person or hold their written permission, before we use it. When you use the Service through our API, MCP server, command-line tools, or through an AI agent or other software, supplying a real person's image, likeness or voice is itself your confirmation of the same things. Each confirmation is recorded with the time, your account and user, the brand, and a fingerprint of the image or recording it covers. We rely on your confirmation and do not verify it. Some features that use a real person's face or voice may require you to sign in with a verified identity or to have a payment method on file.

If a person withdraws their consent, you must stop using their face, likeness, or voice and remove content that depicts them, to the extent the law or your agreement with them requires.

7A. Records, provenance and fingerprints

To prevent misuse and to respond to claims, we keep records that link content made with the Service to the account that made it. For every image, video and audio file the Service delivers, we store a cryptographic hash and a visual fingerprint of the file, together with the account, user, brand, time, the model used and the instructions that produced it. We also keep the likeness and voice confirmations described in section 7. We may keep these records after the files themselves are deleted, and after your account is closed, for as long as needed to respond to claims, takedown requests and lawful requests from authorities, as described in our Privacy Policy. We may use them to identify which account made a file that is reported to us.

8. AI-generated content, platform rules, and disclosure

Output is generated by artificial intelligence, using our own systems and third-party AI model providers. It may look or sound real even when it is not. You are responsible for complying with the rules and ad policies of every platform you use content on, including Meta, TikTok, Google, YouTube, LinkedIn, X, Pinterest, Snapchat, Reddit, and any other platform, and with any law that requires AI-generated or AI-altered content to be disclosed or labelled, including rules on synthetic media, deepfakes, political ads, endorsements, and testimonials. We do not guarantee that content made with the Service will carry any label or watermark, or that a platform will accept it.

9. Publishing to your accounts

The Service can publish, schedule, reply, comment and otherwise post to social and business accounts you connect, and can do so automatically at times you set or when an agent you have authorised instructs it. You authorise us to take those actions on your behalf.

Anything published in your name is your content and your responsibility, whether or not you read it before it went out. That includes scheduled posts, posts generated or triggered by an AI agent, and posts made by a team member or by anyone you have given access to your workspace. If you do not want content published without a human reading it first, do not schedule it and do not grant an agent the ability to publish. We are not responsible for the consequences of anything published through the Service, including reputational harm, complaints, regulatory action, or the loss, restriction, or suspension of any account you connect.

10. Advertising campaigns and ad spend

The Service can create and manage campaigns, ad sets, ads, budgets, bids, audiences and targeting on advertising accounts you connect. Objects we create are created paused by default, and activating an account's spend requires an explicit confirmation, but those are product behaviours we may change and they are not a promise.

All money spent on an advertising platform is spent under your own contract with that platform, on your own payment method, and is yours alone. You set the budgets and you decide what runs. We do not control, guarantee, or reimburse ad spend, and we are not liable for it. This includes spend that results from a campaign being activated, a budget or bid being set or changed, targeting being wrong or wider than you intended, a campaign continuing to run, a defect or outage in the Service, an error made by an AI agent you authorised, or unauthorised access to your account. It also includes the performance of your advertising: we make no promise about impressions, clicks, conversions, cost, return on ad spend, or any other result. Set spending limits with your advertising platform, and check your campaigns yourself.

11. Connected accounts and third-party platforms

The Service connects to platforms and providers we do not own or control, including Meta, Google, TikTok, LinkedIn, X, Pinterest, Reddit, Microsoft, YouTube, Shopify, Stripe, cloud hosts, and the third-party AI model providers that power generation. Your use of each of them is governed by your own agreement with them.

Their decisions are theirs, not ours. We are not responsible and accept no liability for a platform rejecting or removing your ad or post, restricting, suspending, banning or deleting your account, changing or withdrawing an API, changing its policies, pricing or reporting, charging you, failing, or being unavailable. If a connection breaks, an approval is refused, a permission is revoked, or a platform changes something that stops a feature working, that may limit what the Service can do for you and it is not a defect we owe you a remedy for. Figures we show you that come from a third party, including spend, performance, and audience estimates, are reported as that platform reports them and we do not warrant their accuracy.

12. Third-party content, ad libraries, and clones

The Service surfaces publicly available advertising creative and social posts for research and inspiration, and it can clone or remix an ad, a post, or a video you point it at. That creative belongs to its respective owners and is provided for reference. You are responsible for how you use anything you derive from it, including making sure a clone or remix does not copy protected material, a trademark, or a real person's face, likeness, or voice that you have no rights to use.

13. Billing, subscriptions & credits

Paid plans and credit packs are billed through our payment processor (Stripe). By subscribing, you authorize us to charge your payment method on a recurring basis (monthly or annually, as selected) at the then-current price until you cancel. Subscriptions renew automatically. You may cancel anytime from your account or the customer portal; cancellation takes effect at the end of the current billing period and stops future renewals. Credits are prepaid, are consumed as you generate, may expire as stated at purchase, have no cash value, and are not transferable. Prices may change. We will give notice before a change takes effect, and continued use afterward is your acceptance. You are responsible for any applicable taxes.

14. Refund policy: all sales final

To the fullest extent permitted by applicable law, all payments are final and non-refundable. We do not provide refunds, credits, or proration for partially used subscription periods, unused or expired credits, downgrades, or periods in which your account was open but unused. By purchasing, you expressly request that we begin providing the digital service immediately and acknowledge that you thereby lose any statutory right of withdrawal or "cooling-off" period once generation has begun. Nothing in this section limits the non-waivable rights you may have under the mandatory consumer-protection laws of your country, which apply regardless of this policy. If you believe you were charged in error, contact hello@hermoso.ai before disputing the charge; initiating a chargeback without contacting us first may result in suspension of your account.

15. Our intellectual property

The Service, including its software, design, and trademarks (including "Hermoso" and the bloom mark), is owned by us and protected by law. These Terms grant you no rights to our brand except as needed to use the Service.

16. Availability, changes, previews, and your files

We do not promise any level of uptime, and we offer no service-level agreement. We may change, suspend, limit, or discontinue any part of the Service, including a model, a provider, a connector, or a feature, at any time. Parts of the Service are labelled beta, preview, or experimental, and those are provided for evaluation with no warranty of any kind and may be changed or removed without notice.

Keep your own copies of anything you care about. Generated files and other data are stored for a limited period and may be deleted after the retention window shown in the Service or in our Privacy Policy. We are not a backup or archival service, and we are not liable for the loss, corruption, or deletion of Inputs, Output, campaign data, or any other data, however caused. Download and store your own copies.

17. Security

We take reasonable technical and organisational measures to protect the Service, and we describe them in our Privacy Policy. No system, and no method of transmission or storage, is completely secure, and we cannot and do not guarantee that the Service will never be compromised.

To the fullest extent permitted by law, we are not liable for unauthorised access to or use of your account, your workspace, your Inputs, your Output, or your connected accounts, or for any resulting loss, including loss caused by hacking, phishing, credential theft, malware, an intercepted or leaked access key, a compromised AI agent or client, a compromise at a third-party platform or provider, or a member of your own team. You are responsible for your credentials and keys, for who you grant access to, and for revoking access you no longer want. Report any suspected compromise to hello@hermoso.ai immediately.

18. Disclaimers

To the fullest extent permitted by law, the Service and all Output are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and any warranty arising from a course of dealing or trade usage.

We do not warrant that the Service will be uninterrupted, timely, secure, or free of bugs, errors, defects, or vulnerabilities, that defects will be corrected, that Output will be accurate, lawful, original, or fit for your purpose, that any advertising created with it will be approved or will perform, or that the Service will be compatible with any third-party platform. No advice or information you get from us or from the Service creates any warranty not stated here.

We are not responsible for content you create, upload, publish, or run with the Service, or for its consequences. That includes any claim by a person who appears in, or whose voice or likeness is used in, content made with the Service.

19. Assumption of risk

You use the Service at your own risk, and you accept full responsibility for how you use it and for what results from that use. This includes the content you generate, the people you depict and the consents you hold, the content you publish and where you publish it, the accounts you connect, the money you spend on advertising platforms, the instructions you or your agents give us, the access you grant to other people, and your reliance on anything the Service produces or reports. You are in the best position to review Output before it goes out, to set spending limits with your advertising platform, and to keep your own copies of your files, and you agree to do so. This responsibility is yours in full and is not limited to the fees you paid us.

20. Limitation of liability

To the maximum extent permitted by applicable law, we exclude all liability to you. Neither we nor our officers, directors, employees, suppliers, or licensors will be liable to you for any loss or damage of any kind arising out of or relating to the Service, whether the claim is in contract, tort (including negligence), strict liability, statute, or any other theory. Where applicable law permits liability to be excluded in full, our liability to you is nil.

That exclusion covers, without limiting it, direct loss and any indirect, incidental, special, consequential, exemplary, or punitive damages, and any loss of profits, revenue, business, opportunity, advertising spend, goodwill, reputation, or data, whether or not we were told such loss was possible.

Where applicable law does not permit us to exclude liability in full, our liability to you is limited to the smallest amount that law permits, and in any case will not exceed the total fees you paid us for the Service in the 12 months before the event that gave rise to the claim. Any such limit applies in aggregate to all claims relating to the Service and does not reset with each claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, our gross negligence or wilful misconduct, or any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of section 18 and this section may not apply to you, and nothing in these Terms affects your non-waivable statutory rights as a consumer.

You agree that the disclaimers and limits in sections 18 to 20 are a fundamental basis of the bargain between us, that our pricing reflects them, and that they apply even if a limited remedy is found to have failed of its essential purpose.

21. Indemnification

You will defend, indemnify and hold harmless Hermoso and its operators, owners, officers, directors, employees, contractors and agents (the "Hermoso Parties") from and against every claim, demand, suit, investigation, subpoena, regulatory inquiry, loss, liability, damage, judgment, settlement, fine, penalty, cost and expense, including legal fees and the cost of responding to law-enforcement and takedown requests, arising out of or relating to:

• your Inputs, your Output, and any content you publish or cause to be published through the Service;
• any claim that content you created, uploaded, published, or ran with the Service used a real person's face, likeness, image, voice, or name without their consent, or violated their rights of publicity or privacy;
• any advertising you create, run, or spend money on;
• your use of the Service, including use by your team members, your clients, and any AI agent or other software acting on your behalf;
• any account you connect, and your relationship with the platform that provides it;
• your breach of these Terms, of any third-party platform's rules, or of any law;
• your infringement or violation of the rights of any third party, including copyright, trademark, music, and publicity rights;
• any content that depicts, imitates or uses the face, likeness, image, voice or name of a real person, whether or not you confirmed consent for it; and
• any use of the Service through your account or an access key issued to it.

Your obligations under this section are not limited in amount and are not subject to the limits in section 20, which limit our liability to you, not yours to us. You will pay amounts due under this section within 30 days of our written request, and we may set off amounts you owe us against any credits or balance on your account. We will notify you of any claim we seek indemnity for. We may choose to control the defence ourselves at your expense, or let you control it with counsel we approve; either way you may not settle any claim in a way that admits fault on our behalf or imposes any obligation on us without our written consent. This section survives termination.

22. Enforcement, takedowns and reporting

We may, at any time and without notice, remove or disable content, stop a render or a post, delete generated files, revoke access keys and connected-account access, refuse service, and suspend or permanently ban an account and the people behind it if we believe it breaks these Terms, the law or a platform's rules, or puts anyone at risk. We do not owe a refund of fees or credits for an account suspended or banned for a breach.

If you believe content made with Hermoso uses your face, likeness or voice without your consent, or is a deepfake of you, email abuse@hermoso.ai with a link to or copy of the content. We aim to acknowledge reports within one business day, and we act on them under this section. Reports of sexual content involving a minor go to the appropriate authorities.

22A. Cooperation with investigations and authorities

You will cooperate promptly and in good faith with any investigation we make into your use of the Service, including by providing the permissions required by section 7. We may preserve and disclose any information we hold, including account and billing details, the records described in section 7A, content and instructions, to rights holders, the people depicted in content, platforms, and law-enforcement or regulatory authorities, when the law requires it or when we believe in good faith that it is necessary to respond to a claim, to prevent harm, or to protect people, the Service or the Hermoso Parties.

23. Dispute resolution & class-action waiver

Most concerns can be resolved quickly, so please email hello@hermoso.ai first. Where permitted by applicable law, any dispute that cannot be resolved informally will be settled by binding individual arbitration rather than in court, and you and we each waive any right to a jury trial and to participate in a class, collective, or representative action. This waiver does not apply where it is prohibited by law; nothing here prevents either party from seeking injunctive relief for intellectual-property or unauthorized-use claims, or from bringing a claim in small-claims court. Consumers in jurisdictions where mandatory arbitration or class-waiver clauses are not enforceable (including the EU and UK) keep the right to bring claims in their local courts.

24. Governing law, venue & language

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules, and the courts located in Ontario, Canada have exclusive jurisdiction and venue, except where mandatory local consumer law lets you bring proceedings where you live. These Terms and our policies are written in English; any translation is provided for convenience only, and in the event of any conflict the English version controls.

25. Copyright & DMCA

We respect intellectual-property rights. If you believe material on the Service infringes your copyright, email hello@hermoso.ai with: identification of the work; the material at issue and where it is located; your contact details; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your signature. We may remove infringing material and terminate repeat infringers.

26. Termination

You may stop using the Service at any time. We may suspend or terminate access if you violate these Terms or to protect the Service. If we ban an account for a breach, you may not open another account or use the Service through someone else's account without our written permission. On termination your right to use the Service ends, and your data may be deleted after the retention period described in section 16 and in our Privacy Policy. Provisions that by their nature should survive termination, including ownership, your responsibility for your content, disclaimers, assumption of risk, liability limits, indemnity, and dispute terms, will survive.

27. General

If any provision of these Terms is found unenforceable, it will be enforced to the greatest extent permitted and the rest remain in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver of it. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages, attacks, provider failures, and changes imposed by a third-party platform. Except for the parties we name in section 21, there are no third-party beneficiaries to these Terms.

28. Changes

We may update these Terms; continued use after changes constitutes acceptance. We'll post the new version here and update the date above. Material changes will be communicated where appropriate.

29. Contact

Questions about these Terms? Email hello@hermoso.ai. Hermoso is operated from Vaughan, Ontario, Canada.