Hermetiq Terms of Service

A. Definitions

1. An "Account" represents your legal relationship with Hermetiq. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on Hermetiq. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
2. The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including our Privacy Policy) and procedures that we may publish from time to time on the Website.
3. "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
4. "Customer Data" means any data, information, or materials submitted to, generated by, or processed through Customer's use of the Service, including without limitation build telemetry such as Build Event Protocol (BEP) data and OpenTelemetry (OTEL) traces, metrics, and logs; source code, build inputs, build outputs, build artifacts, and dependencies; and any prompts, queries, responses, or outputs exchanged through the Model Context Protocol (MCP) or other Service interfaces.
5. "Content" refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
6. "Hermetiq", "We", and "Us" refer to Hermetiq, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
7. The "Service" refers to the applications, software, products, and services provided by Hermetiq, Inc, as well as Beta Previews.
8. "The User", "You", and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.
9. The "Website" refers to Hermetiq's website located at Hermetiq.com, and all content, services, and products provided by Hermetiq at or through the Website. It also refers to Hermetiq-owned subdomains of Hermetiq, Inc.

B. Account Terms

1. Account Controls

• Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
• Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization's data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is required for billing purposes, or you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity).

3. Account Requirements

We have a few simple rules for User Accounts on Hermetiq's Service.

• You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.
• You must be age 18 or older. Hermetiq does not target our Service to persons under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User's Account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
• Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
• You may not use Hermetiq in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use Hermetiq if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. Hermetiq may allow persons in certain sanctioned countries or territories to access certain Hermetiq services pursuant to U.S. government authorizations.

4. User Account Security

You are responsible for keeping your Account secure while you use our Service.

• You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
• You are responsible for maintaining the security of your Account and password. Hermetiq cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You will promptly notify Hermetiq if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

C. Cookies

See our Privacy Policy.

D. Intellectual Property Notice

1. Hermetiq's Rights to Content

Hermetiq and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The structure, sequence, look and feel of the Website and Service is copyright © 2025–2026 Hermetiq, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Hermetiq.

2. Hermetiq Trademarks and Logos

If you'd like to use Hermetiq's trademarks, you must follow all of our trademark guidelines, available by contacting us.

3. License to These Terms of Service

This Agreement is licensed under this Creative Commons Zero license.

4. Customer Data and Confidentiality

Confidentiality Obligations

Hermetiq acknowledges that Customer Data may contain confidential and proprietary information of Customer ("Customer Confidential Information").

Hermetiq agrees to:

• Treat all Customer Confidential Information as strictly confidential
• Use Customer Confidential Information solely for the purpose of providing the Service and for making improvements to the Service, including as described in our Privacy Policy.
• Implement reasonable security measures to protect Customer Confidential Information from unauthorized access, use, or disclosure
• Not disclose Customer Confidential Information to any third party without Customer's prior written consent, except as required by law or as necessary to provide the Service (such as to authorized subcontractors who are bound by similar confidentiality obligations)
• Return or destroy Customer Confidential Information upon termination of the Agreement, except as required to be retained by law

Exceptions

These confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement by Hermetiq
• Is rightfully known to Hermetiq prior to disclosure by Customer
• Is independently developed by Hermetiq without use of or reference to Your Confidential Information
• Is required to be disclosed by law or court order (provided Hermetiq gives You reasonable advance notice when legally permitted)

Data Processing

a) For Customers using the hosted (SaaS) Service, Customer acknowledges that Hermetiq may process Customer Data that Hermetiq actually receives through the hosted Service, in accordance with our Privacy Policy, as necessary to provide and to improve the Service (including to train our AI model), and including temporary storage, caching, and processing of build artifacts and dependencies.

b) For Customers using an on-premises, self-hosted, or customer-hosted deployment of the Service, Hermetiq does not access, receive, process, store, or transmit Customer Data, and no provision of this Section D.4 grants Hermetiq any right to use Customer Data for any purpose, including training or improving any artificial intelligence or machine learning model. The data processing and AI-training rights described above apply solely to Customer Data that Hermetiq actually receives through the hosted Service.

Mutual Confidentiality

Customer agrees to treat any non-public information about Hermetiq's Service, infrastructure, or business operations as confidential, subject to the same exceptions listed above.

For customers with separate Enterprise Service Agreements or annual contracts, the confidentiality terms in those agreements shall be in addition to and, to the extent inconsistent with, they shall govern and supersede this section.

E. API Terms

Abuse or excessively frequent requests to Hermetiq via any Hermetiq Application Provider Interface (API) may result in the temporary or permanent suspension of your Account's access to the API. Hermetiq, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.

You may not share API tokens to exceed Hermetiq's rate limitations.

You may not use the API to download data or Content from Hermetiq for spamming purposes, including for the purposes of selling Hermetiq users' personal information, such as to recruiters, headhunters, and job boards.

All use of the Hermetiq API is subject to these Terms of Service and our Privacy Policy.

F. Beta Previews

1. Subject to Change

Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.

2. Confidentiality

As a user of Beta Previews, you may get access to special information that isn't available to the rest of the world. Due to the sensitive nature of this information, it's important for us to make sure that you keep that information secret.

Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Hermetiq's confidential information (collectively, "Confidential Information"), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the "Purpose"), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don't otherwise prohibit or restrict such disclosure (for example, you might be part of a Hermetiq-organized group discussion about a private Beta Preview feature).

Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from Hermetiq. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided Hermetiq has been given reasonable advance written notice to object, unless prohibited by law.

G. Feedback

We're always trying to improve our products and services, and your feedback as a regular Customer and/or as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, "Feedback"), you (i) represent and warrant that your Feedback will not include or incorporate any proprietary information or intellectual property that belongs to you or to any other person, and (ii) acknowledge and agree that Hermetiq will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.

H. Payment

Summary: Customer is responsible for fees set forth in the applicable Order Form. Hermetiq currently bills paid Customers by invoice; if and when Hermetiq introduces self-service subscription billing, additional terms will apply and will be communicated to Customer.

1. Pricing

Pricing and payment terms are as set forth in the applicable Order Form executed between Customer and Hermetiq. Fees agreed in an Order Form will remain in effect for the Subscription Term specified in such Order Form; pricing for renewal terms is subject to change upon notice as provided in this Agreement or in the Order Form.

2. Invoicing

Customer agrees to pay invoiced fees in full, in U.S. Dollars, without deduction or setoff of any kind, within thirty (30) days of the Hermetiq invoice date, unless a different payment term is specified in the Order Form. Amounts payable under this Agreement are non-refundable, except as otherwise expressly provided. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused; however, the service will remain active for the length of the paid billing period. If Customer fails to pay any fees when due, Hermetiq reserves the right, at its option and in addition to taking any other action at law or equity, to (i) charge interest on past-due amounts at the lesser of 1.0% per month or the highest interest rate allowed by applicable law and to charge all reasonable expenses of collection, and (ii) suspend or terminate the applicable Order Form following written notice and a reasonable opportunity to cure. Customer is solely responsible for all taxes, fees, duties, and governmental assessments (except for taxes based on Hermetiq's net income) imposed in connection with this Agreement.

3. Future Billing Models

Hermetiq may, in the future, offer additional billing models such as monthly or annual self-service subscriptions. If and when Hermetiq introduces such billing models, additional terms (including authorization to charge a payment method on file, refund policies, and change-in-plan procedures) will apply and will be communicated to Customer through an updated version of this Agreement, an Order Form, or the Settings interface of the Service. Until such terms are introduced and accepted by Customer, paid Customers are billed exclusively by invoice as described in Section H.2.

4. Responsibility for Payment

Customer is responsible for all fees, including taxes, associated with its use of the Service. By executing an Order Form or otherwise using the Service, Customer agrees to pay Hermetiq the fees set forth in the applicable Order Form. Customer is responsible for providing Hermetiq with valid billing information.

I. Cancellation and Termination

Summary: You may close your Account at any time. If you do, we'll treat your information responsibly.

1. Account Cancellation

It is your responsibility to properly cancel your Account with Hermetiq. You can cancel your Account at any time by emailing help@hermetiq.com.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your Account profile and (except as provided in (a) below) any Customer Data we have processed through the hosted Service within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is cancelled.

Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade, and you will pay us for any costs incurred in transferring your information, including fees for our services if for any reason we need to spend more than a nominal effort in doing so.

a) For Customers using the hosted (SaaS) Service, Hermetiq will retain Customer's deidentified, anonymized and aggregated usage data (including BEP and OTEL data) actually received by Hermetiq through the hosted Service in perpetuity, for use in improving the Service and training and improving Hermetiq's artificial intelligence capabilities.

b) For Customers using an on-premises, self-hosted, or customer-hosted deployment of the Service, Hermetiq does not receive or retain any Customer Data (deidentified, anonymized, aggregated, or otherwise) following termination, and this paragraph does not grant Hermetiq any such rights.

3. Hermetiq May Terminate

For Cause. Hermetiq may suspend or terminate Customer's access to the Service or Website immediately and without prior notice if Customer (i) materially breaches this Agreement (including, without limitation, the AI/MCP use restrictions in Section O, the license protections, or the export and sanctions provisions); (ii) fails to pay any fees when due and does not cure such failure within fifteen (15) days of written notice; (iii) engages in conduct that, in Hermetiq's reasonable judgment, threatens the security, integrity, or availability of the Service or any third party; or (iv) is required to be terminated by applicable law, court order, or government request. Hermetiq may also suspend access (rather than terminate) while investigating a suspected breach.

For Convenience. For paid Customers under an active Order Form, Hermetiq may terminate for convenience by providing at least thirty (30) days' prior written notice. For free, trial, evaluation, Beta Preview, or unpaid Customers, Hermetiq may suspend or terminate access at any time, with or without cause, with or without notice.

Effect of Termination. Upon termination, all licenses granted under this Agreement and any applicable Order Form will cease, and Customer will discontinue use of the Service in accordance with the applicable Order Form. Hermetiq will not refund any prepaid fees except as expressly provided in this Agreement or the applicable Order Form.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

J. Communications with Hermetiq

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, Privacy or other policies, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice

Communications made through Hermetiq Support's messaging system (including via email) will not constitute legal notice to Hermetiq or any of its officers, employees, agents or representatives in any situation where notice to Hermetiq is required by contract or any law or regulation. Legal notice to either party must be in writing and may be delivered by email (to Hermetiq at legalnotices@hermetiq.com), with a concurrent copy by certified mail or recognized overnight courier to:

Hermetiq, Inc.
Attn: Legal Notices
915 West Foothill Boulevard
Suite C Unit 751
Claremont CA 91711 USA

Notice to Customer may be given to the email and mailing addresses provided during the Account setup process (which may be updated by Customer from time to time) as reflected in Hermetiq's account system. If no mailing address is provided, email will be sufficient.

Notice is deemed given upon (a) receipt of the email at the address provided, or (b) the date of delivery to the mailing address (if one is provided) shown on the courier or postal receipt, whichever occurs first.

3. No Phone Support

Hermetiq only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support. We make no guarantees or promises regarding support responsiveness, delivery or turnaround, including no promises regarding Service availability or bug fixes.

K. Disclaimer of Warranties

Hermetiq provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, Service availability or responsiveness, security, accuracy and non-infringement.

Hermetiq does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

L. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• the use, disclosure, or display of your User-Generated Content;
• your use or inability to access or use the Service or Website;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service or Website;
• any other user interactions that you input or receive through your use of the Service or Website; or
• any other matter relating to the Service or Website.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

Cap on Liability. Notwithstanding anything to the contrary in this Agreement, Hermetiq's total cumulative liability arising out of or relating to this Agreement, the Website, or the Service, regardless of the form of action (whether in contract, tort, statute, or otherwise), shall not exceed the greater of (a) the aggregate fees actually paid by Customer to Hermetiq during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). The foregoing cap shall not apply to (i) Customer's payment obligations, (ii) either party's indemnification obligations under Section M, or (iii) liability that cannot be limited under applicable law.

M. Release and Indemnification

If you have a dispute with one or more Users, you agree to release Hermetiq from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Customer Indemnification. You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement (including, without limitation, the AI/MCP use restrictions in Section O, the license protections, or the export and sanctions provisions), provided that Hermetiq (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Hermetiq of all liability); and (3) provides to you all reasonable assistance, at your expense.

Hermetiq Indemnification. Hermetiq will defend Customer against any third-party claim alleging that Customer's authorized use of the Service, as delivered by Hermetiq and in accordance with this Agreement, infringes any U.S. patent, copyright, trademark, or trade secret of such third party, and will pay any damages or settlement amounts finally awarded against Customer in connection with such claim, provided that Customer (1) promptly gives Hermetiq written notice of the claim; (2) gives Hermetiq sole control of the defense and settlement; and (3) provides reasonable assistance, at Hermetiq's expense. This indemnification obligation does not apply to claims arising from (i) modifications to the Service made by Customer or any third party; (ii) combination of the Service with products, services, data, or technology not provided by Hermetiq, where the claim would not have arisen but for such combination; (iii) Customer's continued use of an allegedly infringing version of the Service after Hermetiq has provided a non-infringing alternative; (iv) Customer Data or any content provided or generated by Customer; or (v) use of the Service in violation of this Agreement or applicable law. The remedies in this paragraph are Customer's sole and exclusive remedy, and Hermetiq's entire liability, for any third-party intellectual property infringement claim.

N. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your Hermetiq account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

O. AI Features and Model Context Protocol (MCP) Use

The Service includes AI-powered features and integration with the Model Context Protocol (MCP), which allows AI agents and other automated tools to interact with the Service. Your use of these features and integration is subject to the terms of this Agreement, including the following restrictions.

1. Prohibited Uses

Regardless of the means, using AI agents or other manual or automated tools, using MCP our APIs or any other method or process, You will not, and will not permit any third party via any means (including any AI agent acting on your or their behalf) to:

• Use the Service or any output of the Service ("Output") to train, fine-tune, evaluate, benchmark, or otherwise develop or improve any large language model, artificial intelligence system, machine learning model, or other automated decision-making technology, whether owned by you or any third party, and whether alone or in combination with other sources;
• Resell, sublicense, syndicate, distribute, commercialize, or otherwise make the Service or any Output available to any third party, whether for compensation or otherwise;
• Reverse-engineer, extract, derive, or reconstruct any of Hermetiq's technologies, methods, techniques, processes, know-how, or practices, whether through MCP, the native Hermetiq interface, repeated or systematic queries, or any other means;
• Publish or share any Service performance data, performance characteristics, functionality or performance testing or benchmarking that you may develop or perform (this is permitted for internal use only);
• Circumvent, disable, or interfere with any guardrails, access controls, rate limits, query restrictions, or security measures implemented by Hermetiq, including any attempt to bulk download, scrape, systematically extract, or programmatically harvest data from the Service beyond the scope of normal authorized use as reasonably determined by Hermetiq; or
• Cache, store, or redistribute any Output (or any derivative thereof) in a manner that makes it accessible outside of the Service or to third parties, except for Customer's own internal reference and use as expressly permitted by this Agreement.

2. API Keys and MCP Credentials

Customer is responsible for maintaining the confidentiality of any API keys, tokens, or other credentials issued by Hermetiq for accessing the Service (including via MCP). API keys and credentials may not be shared with unauthorized parties or used in any manner that violates this Agreement.

3. Monitoring and Enforcement

Hermetiq reserves the right to (a) monitor usage patterns to ensure compliance with this Agreement and to protect its technology, and (b) limit, restrict, suspend, or terminate Customer's access in the event of suspected or actual noncompliance, until Hermetiq's concerns are resolved. Hermetiq may update, modify, or enhance the AI features, MCP integration, guardrails, and access controls at any time.

4. AI Output Disclaimer

AI-generated Output may be inaccurate, incomplete, or otherwise unsuitable for Customer's purposes. Customer is solely responsible for evaluating Output before relying on it, particularly for decisions affecting production systems, security, compliance, or financial outcomes. Output is provided "as is" without warranty of any kind, and is subject to the disclaimers in Section K and the limitations in Section L.

P. Miscellaneous

1. Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Hermetiq and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Hermetiq agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Los Angeles, California.

2. Non-Assignability

Hermetiq may assign or delegate these Terms of Service and/or the Hermetiq Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings

Section titles are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of Hermetiq to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Hermetiq, or by the posting by Hermetiq of a revised version in accordance with Section N. above (Changes to These Terms). These Terms of Service, together with our Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Hermetiq relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Force Majeure

Neither party will be liable for any failure or delay in performance of its obligations under this Agreement (other than payment obligations) to the extent such failure or delay is caused by events beyond the party's reasonable control, including without limitation acts of God, natural disasters, fire, flood, earthquake, pandemic or epidemic, war, terrorism, riot, civil unrest, government action or order, embargo, labor dispute, internet or telecommunications failure, denial-of-service attack, or failure of third-party infrastructure or services on which the affected party reasonably relies (each, a "Force Majeure Event"). The affected party will use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable. If a Force Majeure Event prevents substantial performance for more than thirty (30) consecutive days, either party may terminate the affected Order Form upon written notice without further liability, except for amounts accrued and payable prior to termination.

7. Questions

Questions about the Terms of Service? Email us at legal@hermetiq.com.