These Terms & Conditions ("Terms") govern access to and use of the Hermes Calendar Automation Application, its dashboard, and the website at hermes.quantum-scaling.com (together, "the App"), provided by quantumSCALE Institute OÜ, a private limited company registered in Estonia under registry code 16075477 ("we", "us", "the Service Provider").
By creating an account, accepting an invitation, or using the App, you agree to these Terms. If you accept these Terms on behalf of a company or other organization, you confirm that you have authority to bind that organization, and "you" or "the Client" means that organization.
1. The Service
The App is a business tool that automates calendar-based outreach. Depending on your subscription, it allows you to:
- Connect Google Workspace accounts and custom sending domains, and send calendar invitations from them;
- Upload or sync prospect lists, build campaigns, and queue invitations within configured sending limits;
- Track invitation responses (Yes / No / Maybe) and view campaign metrics in the dashboard;
- Ingest registration and attendance signals from connected webinar platforms such as WebinarGeek and Zoom;
- Use research, offer, and webinar preparation features where these are enabled for your account.
We may add, change, or remove features over time. We will not make changes that materially reduce the core functionality of a paid subscription during its then-current term without notifying you.
2. Accounts, Invitations, and Roles
The App does not offer open self-service registration. Accounts are created by invitation:
- Executive users have full access to their organization's campaigns, connected accounts, and settings.
- Assistant users have restricted access as configured by the Client.
- Administrator users acting on our side may access accounts for support, billing, and abuse investigation, as described in our Privacy Policy.
You are responsible for the accuracy of the information you provide, for keeping credentials confidential, for all activity under your account, and for promptly notifying us of any suspected unauthorized access. You must be at least 18 years old and use the App for business purposes only.
3. Your Responsibilities for Recipient Data and Outreach
You control who is contacted. We provide the sending tool; you decide the recipients, the message, and the frequency. You are the controller of prospect and recipient personal data, and you are responsible for having a valid legal basis to contact each recipient.
You represent and warrant that:
- You have the right to upload, sync, and process every recipient record you put into the App;
- Your outreach complies with applicable law, including the GDPR, the ePrivacy rules on unsolicited communications, and equivalent laws in the jurisdictions you send to;
- You honour opt-out and objection requests promptly, and remove those recipients from your campaigns;
- Your invitations accurately identify your organization and are not deceptive, misleading, or disguised as something else;
- You will provide recipients with the privacy information required of you as controller, and handle their data subject requests.
Our role in relation to that data is that of processor acting on your documented instructions. The data processing terms set out in this section, together with our Privacy Policy, form the data processing agreement between us — they describe what we process, why, for how long, how it is secured, who else is involved, and what happens to it when you leave.
We engage sub-processors to provide the App, and they are named in section 5 of our Privacy Policy rather than left to a request. We will give you at least 30 days' notice before adding or replacing one, so you can object before the change takes effect. Our sub-processors are bound by obligations no less protective than those we owe you.
4. Acceptable Use
You must not, nor must you permit anyone else to:
- Send unlawful, harassing, defamatory, fraudulent, or deceptive content;
- Circumvent or attempt to circumvent sending limits, rate limits, seat limits, or plan entitlements;
- Share a single seat between multiple people, or resell or sublicense access to the App without our written consent;
- Upload purchased, scraped, or otherwise unlawfully obtained contact lists;
- Probe, scan, or test the security of the App, or interfere with its operation or with other clients' use of it;
- Reverse engineer, decompile, or attempt to derive the source code of the App, except where such restriction is prohibited by law;
- Use the App to build or train a competing product or a generalized machine learning model.
Sending limits exist to protect the deliverability and reputation of your sending domains as well as ours. We may enforce them automatically and may pause a campaign that puts deliverability, security, or legal compliance at risk.
5. Third-Party Services
The App connects to services you hold your own accounts with, including Google Workspace and Google Calendar, WebinarGeek, and Zoom. Your use of those services is governed by their own terms, and you are responsible for maintaining valid accounts and authorizations.
We are not responsible for a third-party service's availability, changes to its APIs, or its suspension or termination of your account. If a third party changes or withdraws access, some features of the App may become unavailable. You may revoke the App's access to your Google account at any time via myaccount.google.com/permissions; doing so will stop the features that depend on it.
6. Subscriptions, Fees, and Payment
| Item | Terms |
|---|---|
| Plans and seats | Access is sold as a subscription, priced by plan and by the number of brands or seats enabled for you. |
| Trials | Where a trial is offered, it applies at plan level and runs for the stated period. Unless you cancel before the trial ends, the subscription continues as a paid subscription. |
| Billing cycle | Fees are charged in advance for each billing period (monthly or annual, as selected) and renew automatically until cancelled. |
| Payment processing | Payments are handled by our third-party payment provider. You authorize recurring charges to the payment method on file. |
| Taxes | Fees are exclusive of VAT and other applicable taxes, which are added where required. Business customers in the EU must provide a valid VAT number where reverse charge applies. |
| Price changes | We may change prices with at least 30 days' notice before the start of the next billing period. |
| Non-payment | If a charge fails, we may suspend access until payment is made. Data is retained during suspension as described in section 10. |
| Refunds | Except where required by law, fees already paid are non-refundable, and cancelling mid-period does not entitle you to a partial refund. |
7. Cancellation
You may cancel a subscription at any time from your billing settings or by contacting us. Cancellation takes effect at the end of the current billing period; you retain access until then. As the App is supplied to businesses, statutory consumer withdrawal rights do not apply.
8. Suspension and Termination by Us
We may suspend or terminate access, in whole or in part, if:
- You materially breach these Terms and do not remedy the breach within 14 days of notice;
- Your use presents an immediate security, legal, deliverability, or abuse risk, in which case we may suspend immediately and notify you promptly;
- Fees remain unpaid after a reminder;
- We are required to do so by law or by a third-party platform we depend on.
We may also terminate a subscription for convenience with 30 days' notice, refunding any prepaid fees covering the period after termination.
9. Intellectual Property
We and our licensors own all rights in the App, including its software, interfaces, documentation, templates, and branding. We grant you a limited, non-exclusive, non-transferable, revocable right to use the App during your subscription, for your own internal business purposes.
You retain all rights in the content and data you put into the App ("Client Data"). You grant us a limited licence to host, process, and transmit Client Data solely to provide and support the App. We may use aggregated and anonymized statistics that do not identify you, your users, or your recipients to operate and improve the App.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
10. Client Data and Deletion
How we handle personal data is set out in our Privacy Policy, which forms part of these Terms. In summary: campaign and prospect data is retained while your subscription is active; after termination it is available for export for 30 days and is then deleted or anonymized, unless you instruct otherwise or the law requires longer retention. It is your responsibility to export what you need within that window.
11. Confidentiality
Each party may receive non-public information from the other. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisers bound by equivalent obligations, or where disclosure is legally required. These obligations continue for three years after the end of the subscription, and indefinitely for personal data and trade secrets.
12. Availability and Support
We aim to keep the App available and reliable, but we do not guarantee uninterrupted service. Planned maintenance will be scheduled to minimise disruption where practicable. Support is provided by email during Estonian business days at the address in section 18. No specific response time is guaranteed unless separately agreed in writing.
13. Disclaimers
The App is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including fitness for a particular purpose, merchantability, and non-infringement.
We do not warrant any particular deliverability rate, response rate, meeting volume, pipeline, or commercial result. Outreach outcomes depend on your list quality, offer, sending domains, and factors outside our control. Nothing in the App constitutes legal advice, and you remain responsible for the lawfulness of your own outreach.
14. Limitation of Liability
To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, revenue, goodwill, business opportunity, or data (beyond the cost of restoring it from backups).
Our total aggregate liability arising out of or in connection with these Terms is limited to the fees you paid to us for the App in the twelve months preceding the event giving rise to the claim.
Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited under applicable law.
15. Indemnity
You will indemnify and hold us harmless against claims, damages, fines, and reasonable costs arising from your Client Data, your outreach, or your breach of section 3 (Recipient Data and Outreach) or section 4 (Acceptable Use), including claims by recipients or supervisory authorities.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified via the App or by email at least 30 days before they take effect. Continued use of the App after that date constitutes acceptance. If you do not accept a material change, you may cancel before it takes effect, and we will refund any prepaid fees covering the period after cancellation.
17. General
- Governing law. These Terms are governed by the laws of the Republic of Estonia, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
- Disputes. The parties will attempt to resolve disputes in good faith. Failing that, disputes fall under the exclusive jurisdiction of Harju County Court, Estonia.
- Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.
- Force majeure. Neither party is liable for failure to perform due to events beyond its reasonable control, including outages of third-party platforms and infrastructure providers.
- Severability. If a provision is held unenforceable, the remainder stays in force and the provision is replaced by an enforceable one closest to the original intent.
- No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between the parties regarding the App and supersede prior discussions, unless a separately signed agreement with us states otherwise, in which case that agreement prevails.
18. Contact
quantumSCALE Institute OÜ
Registry code: 16075477
Narva mnt 5, Kesklinna linnaosa
Tallinn, Harju maakond 10117, Estonia
Email: privacy@quantum-scaling.com