Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Hermoso website and application (the "Service") provided by Hermoso ("we", "us"). By using the Service, you agree to these Terms. Please read them carefully — they include important limits on our liability and, where permitted, a waiver of class actions.

1. The Service

Hermoso is an AI-assisted platform for researching advertising creative and generating images, videos, and copy. Features, models, and limits may change as we improve the Service.

2. Eligibility & your account

You must be at least 16 (or the age of majority in your jurisdiction) to use the Service. You agree to provide accurate information, keep your credentials secure, and remain responsible for all activity under your account.

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, or a real person's likeness without rights to do so.
• Create unlawful, deceptive, harmful, hateful, or sexually explicit content, content that exploits minors, or content that impersonates others.
• Misrepresent AI-generated content where disclosure is legally required, or violate advertising laws or platform policies.
• 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.

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 the rights to your Inputs.

5. Generated output

Subject to these Terms and your payment of applicable fees, you own the images, videos, 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 or free of third-party rights. You are responsible for reviewing Output and ensuring you have the rights to use it before publishing, including for any brand assets, trademarks, or likenesses it may contain.

6. Third-party content and ad libraries

The Service surfaces publicly available advertising creative for research and inspiration. That creative belongs to its respective owners; it is provided for reference, and you are responsible for how you use anything you derive from it.

7. 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.

8. 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 [email protected] before disputing the charge; initiating a chargeback without contacting us first may result in suspension of your account.

9. 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.

10. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that Output will meet your requirements.

11. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim or USD 100. Some jurisdictions do not allow these limits, so they may not fully apply to you.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your Inputs, your Output, your use of the Service, or your violation of these Terms or the rights of others.

13. Dispute resolution & class-action waiver

Most concerns can be resolved quickly — please email [email protected] 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.

14. 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.

15. Copyright & DMCA

We respect intellectual-property rights. If you believe material on the Service infringes your copyright, email [email protected] 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.

16. 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. Provisions that by their nature should survive termination — including ownership, disclaimers, liability limits, indemnity, and dispute terms — will survive.

17. General

If any provision of these Terms is found unenforceable, 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. There are no third-party beneficiaries to these Terms.

18. 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.

19. Contact

Questions about these Terms? Email [email protected].