服务条款

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 jurisdiction in which Hermoso is established, without regard to conflict-of-laws rules, and the courts of that jurisdiction have exclusive venue — except where mandatory local 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. 版权与DMCA

我们尊重知识产权。如果您认为本服务中的材料侵犯了您的版权，请发送邮件至 [email protected]，并包含：作品的识别信息；相关材料及其位置；您的联系方式；声明您真诚相信该使用未获授权；在伪证罪处罚下的声明，确认您的通知准确且您有权采取行动；以及您的签名。我们可能会删除侵权材料并终止重复侵权者的服务。

16. 终止

您可以随时停止使用本服务。如果您违反这些条款或为保护本服务，我们可能会暂停或终止您的访问权限。按其性质应在终止后继续有效的条款——包括所有权、免责声明、责任限制、赔偿和争议条款——将继续有效。

17. 通则

如果这些条款的任何条款被认定为不可执行，其余条款仍然有效。这些条款与我们的隐私政策构成您与我们之间关于本服务的完整协议。您不得在未经我们同意的情况下转让这些条款；我们可能在并购或资产出售时转让。我们未能执行某条款不构成放弃。我们对超出我们合理控制范围的事件导致的延迟或故障不负责。这些条款中没有第三方受益人。

18. 变更

我们可能会更新这些条款；继续使用即表示接受更改。我们将在此处发布新版本并更新上述日期。重大变更将在适当情况下另行通知。

19. 联系

对这些条款有疑问？请发送邮件至 [email protected]。