Hercules Terms of Service

Effective Date: October 10, 2025.

1. Introduction & Acceptance

Welcome to Hercules (the “Service”), operated by Zeus AI Labs, Inc. (“Company,” “we,” “our,” or “us”). Hercules makes it easy to build and deploy web and mobile applications with natural language. By accessing or using the Service you agree to these Terms of Service (the “Terms”). If you do not agree, do not use the Service.

2. Eligibility & Account Registration

Requirement	Policy
Minimum age	You must be at least 13 years old or the local age of digital consent, whichever is higher. If you are under 18, you represent that you have parental consent.
Accurate information & security	You agree to provide truthful information, keep your credentials confidential, and are responsible for all activity under your account.
Multi‑factor authentication	Multi-factor authentication is recommended but not required for your account.

3. Subscriptions, Fees & Payments

Topic	Policy
Billing cycles	Billing cycles are monthly or annual, as selected during checkout.
Payment methods	We accept major credit cards for all self‑serve plans. Enterprise plan customers may pay by invoice upon credit approval.
Failed payments	If a charge fails, your access may be suspended or terminated immediately until payment succeeds.
Refunds & cancellations	All sales are final; no refunds are provided except as required by law. You may cancel a subscription at any time in the dashboard; service remains active until the end of the current billing period. We reserve the right to cancel or suspend access immediately for violation of these Terms or non‑payment.
Price changes	We may change prices at any time and will provide reasonable notice if we do (via email or in-app). New prices apply at the start of the next billing cycle after notice.

4. License & Permitted Use

We grant you a non‑exclusive, non‑transferable, revocable license to access and use the Service, subject to these Terms and any usage‑credit limits shown at https://hercules.app/pricing. Seats on the Teams plan correspond to the number of licenses purchased.

4.1 Personal vs. Commercial Use

The Free tier is offered solely for personal, non‑commercial apps. Any use of the Service that is directly or indirectly for commercial, business, or revenue‑generating purposes including internal business tooling, client work, or paid educational programs requires enrollment in a paid Teams or Enterprise plan. We may suspend or terminate Free‑tier accounts that are used commercially until the appropriate upgrade is completed.

4.2 Public vs. Private Apps

Unless you are on a paid plan and have set a project’s visibility to “private”, any application, code, or content you deploy (a “Public App”) is publicly accessible and may be viewed, copied, forked, or indexed by others. By making an App public you grant every person a worldwide, irrevocable, royalty‑free license to use, reproduce, distribute, and create derivative works from the Public App to the extent required to view or fork it on or off the Service. To keep your App's code private you must (i) subscribe to a paid plan that includes private‑app functionality and (ii) set the App’s visibility to “private.” The application code and content of Private Apps are visible only to users you explicitly invite.

5. Acceptable use

Violations of any of the items in Section 5 may result in immediate suspension or termination of your account.

5.1 Prohibited conduct

You agree not to, and will not permit others to:

Reverse‑engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying models, algorithms, or architecture.
Scrape, crawl, or harvest data from the Service, including for machine‑learning training without our prior written consent.
Circumvent, interfere with, bypass, or disable any security features, usage‑control features, or rate limits applied to any account, workspace, or API
Benchmark, train, or improve competing AI models using the Service or its outputs.
Extract or reconstruct model weights, training data, or tunable parameters.
Generate or disseminate harmful content (misinformation, harassment, hate, illegal or violent content).
Upload or distribute malicious code, perform denial‑of‑service attacks, or overload the platform.
Send unsolicited, unauthorized, or intentionally deceptive communications such as abusive advertising, unsolicited bulk messages, or spam
Phish, spoof, or impersonate any person or entity.
Use the Service in violation of export‑control or sanctions laws or from sanctioned regions.
Transmit sensitive regulated data including but not limited to protected health information (PHI), cardholder data subject to PCI‑DSS, or data classified under ITAR without a separate, written data‑processing addendum with us.
Publish or disclose any performance or benchmark test results relating to the Service or its underlying models without our prior written consent.
Interfere with or placing an undue burden on the Service e.g. excessive automated requests or duplicating projects to evade limits
Create, register, or control accounts through automation or in bulk.
Conduct network attacks or port scans against the Service or any third party.
Mine cryptocurrencies or running similarly resource‑intensive computations unrelated to your App.
Harvest personal data or otherwise infringing another user’s privacy.
Use multiple accounts or other means to evade a ban, suspension, or usage limit.

5.2 Prohibited content

You are solely responsible for the content you create, submit, and share on the Service. The following content is prohibited and you agree not to post such content to the Service:

Defamatory, harassing, abusive, threatening, or bullying.
Profanity, violent, or graphic content, including hate speech or symbols.
Visual depictions or explicit descriptions of sex and nudity, including sexual advances and solicitation, and offers of sexual services.
Promoting illegal conduct.
Hoaxes, malware, and pyramid schemes.
Infringing the intellectual property rights of others.
Disrupting the experience of other users.

5.3 Responsible‑Use & Ethics

You agree to use Hercules in a manner that is lawful, respectful, and consistent with the following principles:

Human oversight. Always review and test AI‑generated code and content before relying on it or deploying it to production.
No illegal or harmful activity. Do not use the Service to break the law, violate third‑party rights, or create content that is fraudulent, defamatory, harassing, or hateful.
Respect privacy & confidentiality. Do not misuse personal data or disclose confidential information without authorization.
Intellectual‑property compliance. Ensure you have the right to use any data, prompts, or outputs and honor all relevant open‑source or proprietary licenses.
Safety & non‑discrimination. Avoid using AI outputs in ways that could cause physical harm or unlawful discrimination.
Transparency. Clearly disclose when significant portions of your output are AI‑generated if required by law or ethical norms.

6. Usage & Credit Limits

Your plan includes hard usage limits on credits as posted on our Pricing page. Credits are non‑refundable, non‑transferable, have no cash or stored‑value equivalent, and automatically expire 12 months after the date they are issued.

You must pre‑purchase credits before using the Service. If you somehow are able to use more credits than your current plan allows, we may charge you for the excess usage at the rate specified for the appropriate plan on our public pricing page.

7. High‑Risk Activities

The Service and AI outputs are not designed or certified for use in hazardous or high‑risk environments including but not limited to life‑support systems, medical diagnosis or treatment, nuclear facilities, aviation, autonomous vehicles, or any other environment in which failure could lead to death, personal injury, or severe property or environmental damage (collectively, “High‑Risk Activities”). You agree not to use the Service in connection with High‑Risk Activities and acknowledge that any such use is at your sole risk. Hercules expressly disclaims any warranty or representation of fitness for any particular purpose in relation to High‑Risk Activities and reserves the right to immediately suspend or terminate any account that attempts such use.

8. Content, Data & Model Training

Topic	Policy
Ownership	You retain all rights in content you submit and in any AI‑generated code or content we produce for you (collectively, "User Content"), subject to any third‑party open‑source or proprietary license terms that may apply to components embedded in that output.
License to us	You grant, and represent and warrant that you have all the rights necessary to grant, to us, a non-exclusive, sublicensable (through multiple tiers), worldwide, royalty free right and license to use, copy, store, modify, distribute, share, reproduce, publish, list, make derivative works of, display, and otherwise exploit your User Content: (i) to maintain and provide the Service, including producing and displaying User Content in response to content you submit; (ii) subject to the section titled “Model Training” below, to improve and further develop our products and services (including the Service); (iii) to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of the Service, and (iv) prepare “Derivative Data” consisting of User Content that has been deidentified and aggregated with other data.
Model training	We may use User Content to improve the Service and underlying models unless: (a) you are on a Teams or Enterprise plan and (b) you opt‑out via the administrative dashboard.
Sensitive data prohibition	You must not upload or process Sensitive Data (as defined in Section 5) without a separate written agreement.
Data retention	We retain data only for the minimum period required by law after account closure, then delete it irreversibly.
Backups	Encrypted backups may be taken nightly for disaster‑recovery purposes.
Data location & processing	Your data may be processed and stored in the United States and other jurisdictions where we or our service providers operate. By using the Service, you consent to this cross-border processing.
Third-party processors	We may use reputable third-party service providers to help deliver the Service. These providers are contractually required to protect your data and use it only for authorized purposes.

9. Privacy & Security

Privacy Policy. See https://hercules.app/legal/privacy.
Security program. We follow industry‑standard administrative, technical, and physical safeguards to build our applications and protect your data.
Incident notice. We will notify affected customers of any breach of security leading to unauthorized disclosure of personal data within 72 hours of discovery.

10. Third‑Party Services & Open Source

Integrations, plug‑ins, and open‑source components are provided “as is”. We disclaim all liability arising from your use of third‑party services.

11. Service Levels & Support

The Service is provided as‑is with no formal SLA. We offer support through a community forum, Discord, and email (hello@hercules.app). Paid tiers and Enterprise customers receive priority support handling. Enterprise customers are eligible to receive dedicated support.

12. Changes to Service

We may add, modify, or discontinue features at any time. Material changes will be announced in‑app or by email at least 7 days in advance when feasible.

13. Beta & Trial Features

Beta, preview, or trial features are provided as‑is, with no warranties or commitments, and may be modified or withdrawn at any time.

14. Intellectual Property

Our trademarks, logos, and branding may not be used without prior written consent.
You grant us a perpetual, worldwide, royalty‑free license to use any feedback or suggestions you provide for any purpose.
We retain ownership of the Service and Derivative Data, and we and our licensors retain ownership of all content and other intellectual property we make available to you via the Service other than your User Content. We may use, copy, store, modify, distribute, share, reproduce, publish, list, make derivative works of, display, and otherwise exploit Derivative Data for any lawful purpose.
Injunctive relief. Nothing in these Terms limits our right to seek injunctive or equitable relief in any court of competent jurisdiction for infringement or misappropriation of our intellectual‑property rights.

14.1 Copyright Infringement & DMCA Policy

We respect the intellectual‑property rights of others and expect you to do the same. Pursuant to 17 U.S.C. § 512, Hercules will respond expeditiously to claims of copyright infringement.

Notice Requirements. If you believe material hosted on the Service infringes your copyright, send a notice containing all elements required by § 512(c)(3) to our designated agent:

DMCA Agent
Zeus AI Labs, Inc. (Attn: Legal)
221 Kearny St, Level 3
San Francisco, CA 94108 USA
Email: hello@hercules.app

Upon receipt of a compliant notice we will remove or disable access to the allegedly infringing material and notify the affected customer. We may terminate repeat infringers.

Counter‑Notification. If your material was removed in error, you may send a counter‑notification meeting § 512(g)(3). We will forward it to the original claimant and, unless they file suit within ten (10) business days, may restore the material.

15. Disclaimers & Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Each party will comply with applicable laws in connection with the Service.

15.1 AI Output Disclaimer

The Service generates outputs using artificial‑intelligence techniques. AI outputs may be non‑unique, inaccurate, incomplete, biased, or inapplicable to your specific situation. AI outputs may also embed or resemble open‑source or third‑party code for which you are solely responsible to review and comply with all applicable license terms. You are solely responsible for reviewing, validating, and (where appropriate) obtaining professional advice before relying on any output. We make no representations or warranties regarding the accuracy, originality, or suitability of AI outputs, and disclaim all liability arising from your use of such outputs.

15.2 Auto-execution Disclaimer

If you use features that automatically build, run, or deploy AI‑generated code, you are solely responsible for reviewing the code, securing the execution environment, and mitigating any potential harms (e.g., data loss, security vulnerabilities, system outages). Hercules disclaims all liability arising from any auto‑executed or auto‑deployed code.

16. Indemnification

To the maximum extent allowed by law, you are responsible for how you use the Service, and you agree to defend and indemnify Hercules, its affiliates, and all of their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (collectively, the “Hercules Entities”) against any and all liabilities, claims, damages, expenses (including reasonable attorneys’ fees), and other losses that arise from or relate to: (1) your unauthorized use or misuse of the Service; (2) your violation of any part of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; and (3) any claim that your User Content infringes any third-party intellectual property, publicity, confidentiality, privacy, or other rights. We reserve the right, at our own expense, to take over the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations for that matter), and you agree to cooperate with us in defending those claims.

17. Limitation of Liability

17.1. No Indirect Damages

TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL THE HERCULES ENTITIES BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING FROM OR RELATED TO THESE TERMS, THE SERVICE, OR ITS CONTENT, REGARDLESS OF THE LEGAL THEORY (INCLUDING WARRANTY, CONTRACT, TORT—EVEN NEGLIGENCE—OR STATUTE), AND WHETHER OR NOT ANY HERCULES ENTITY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Liability cap

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF HERCULES AND ITS AFFILIATES TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, OR LOSSES ARISING FROM OR RELATED TO THESE TERMS, THE SERVICE, OR ITS CONTENT—WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE—WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO HERCULES FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE INCIDENT GIVING RISE TO THE CLAIM, OR (B) $100. THESE LIMITATIONS ARE FUNDAMENTAL TO OUR AGREEMENT, AND HERCULES WOULD NOT PROVIDE THE SERVICE TO YOU WITHOUT THEM. THESE LIMITS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Governing Law

These Terms will be governed by and construed in accordance with California law, excluding its conflicts of law principles. Except as provided in the Dispute Resolution section below, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California.

19. Dispute Resolution

Agreement to Arbitrate. You and Hercules agree that any disputes arising from or relating to these Terms or the Service will be resolved through binding arbitration under the rules of the American Arbitration Association, rather than in court.

Individual Claims Only. You and Hercules agree that disputes must be brought on an individual basis only. You waive any right to participate in class actions, collective proceedings, or other consolidated claims.

Informal Resolution First. Before starting arbitration, you must first try to resolve the dispute by contacting us at hello@hercules.app. If we can't resolve the issue within 60 days, either party may then proceed to arbitration.

Arbitration Process. Arbitration will be conducted under the AAA Consumer Arbitration Rules. For claims under $10,000, you may choose to have the arbitration conducted based on documents only, by phone, or in person. Hercules will pay arbitration costs if you demonstrate financial hardship.

Small Claims Exception. You may bring individual claims in small claims court if they qualify under that court's rules.

20. Term & Termination

Trigger	Effect
Your cancellation (≥ 1 day before next renewal)	Your service stays active until the period end; no further charges will be made.
Our termination for breach	Your access can end immediately; outstanding fees become due.
Post‑termination data	You may export your data within 30 days after termination (Section 8).
Inactivity (free accounts)	We may permanently delete free accounts that show no login or website editing activity for 2 consecutive months. We will attempt to notify the account email at least 14 days before deletion.

21. Additional provisions

Provision	Detail
Assignment by Company	We may assign these Terms as part of a merger, acquisition, or sale of assets.
Assignment by Customer	You may not assign these Terms without our prior written consent.
Consent to Electronic Communications	You consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Severability	If any provision of these Terms is held invalid or unenforceable, that provision will be replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect, and the remaining provisions will remain in full force and effect.
Waiver	Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Entire Agreement	These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, or representations.
Force majeure	Neither party is liable for failure to perform due to circumstances beyond its reasonable control (e.g., natural disasters, war, labor disputes, internet outages) for the duration of the event plus 30 days.
Exports, compliance, and sanctions	You may not use the Service if you are located in, or are a resident of, a country subject to U.S. embargoes or sanctions. The Service is subject to U.S. EAR and, where applicable, ITAR regulations; you agree to comply.
Headings	Section headings are for convenience only and do not affect interpretation.

22. Updates to These Terms

We may revise these Terms at any time by posting an updated version at this URL. Unless otherwise stated, changes are effective upon posting. Your continued use of the Service after the effective date constitutes acceptance. We will notify you of material changes to these Terms via email or in-app.

23. Contact Information

Zeus AI Labs, Inc.
221 Kearny St, Level 3
San Francisco, CA 94108 USA
Email: hello@hercules.app

Thank you for choosing Hercules

If you have any questions about these Terms, please email us at hello@hercules.app.
If you're an enterprise looking to inquire about an enterprise plan, please email us at sales@hercules.app.