Terms of service

These terms govern your use of the Hermiscale website, the Hermiscale client portal, and the Hermiscale monitoring service (together, the "Services"). The Services are provided by Hermiscale LLC ("Hermiscale," "we," "us," "our"). By accessing the Services, you agree to these terms.

If you're entering into these terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and references to "you" mean that entity.

1. The Services

Hermiscale provides managed infrastructure monitoring for post-production and media facilities. Monitoring is performed by an on-site collector that observes supported infrastructure and sends operational signals, encrypted, to our hosted service. Customers access their data through the client portal and through dashboards presented in the portal.

The specific scope of monitoring for a given customer — supported device classes, data retention windows, alert channels, and service level — is documented in that customer's service record and governed by any superseding written agreement.

2. Your account

Access to the client portal is invite-only. If Hermiscale invites you, you're responsible for keeping your sign-in credentials and multi-factor-authentication device secure, for actions taken under your account, and for making sure anyone you authorize complies with these terms.

Notify Hermiscale promptly if you believe your account has been compromised.

3. Acceptable use

You agree not to:

• Reverse engineer, scrape, or attempt to extract source code from the Services.
• Interfere with the operation of the Services or probe, scan, or test the vulnerability of the Services without written authorization.
• Use the Services to monitor infrastructure you don't have authority to monitor.
• Resell or sublicense access to the Services except as expressly agreed in writing.
• Use the Services for any unlawful purpose or to violate the rights of others.

4. Customer data and ownership

Operational data collected from your environment ("Customer Data") belongs to you. You grant Hermiscale a limited license to process Customer Data solely to provide, maintain, secure, and improve the Services for you.

Hermiscale will not use Customer Data to train machine-learning models offered to anyone outside your organization and will not sell Customer Data to third parties.

The privacy policy describes in more detail what we collect and how we use it.

5. Fees

Fees are set out in your service agreement or quotation. Unless otherwise agreed in writing, fees are billed monthly in advance, are non-refundable once a service period has started, and are exclusive of applicable taxes.

One-time charges (for example, onboarding and collector hardware) and usage-dependent charges (for example, additional monitored devices) are billed as agreed in the service record.

6. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own confidential information and will not use or disclose it except as needed to perform these terms. "Confidential information" includes non-public technical, business, and operational information shared under these terms. It does not include information that is independently developed, publicly available, or lawfully received from a third party without an obligation of confidentiality.

7. Term and termination

These terms apply as long as you use the Services. Either party may terminate for convenience by notice to the other, consistent with any notice period in your service agreement. Either party may terminate immediately for material breach that isn't cured within 30 days of written notice.

On termination, Hermiscale will stop collection and, on request, provide a reasonable export of Customer Data for a period after termination. After that period, Hermiscale will delete Customer Data from live systems, subject to retention periods required by law or in backups.

8. Warranties and disclaimers

Hermiscale will provide the Services in a professional and workmanlike manner. Except for that express warranty, the Services are provided "as is" and "as available." Hermiscale disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Hermiscale is a monitoring service. It does not guarantee that it will detect every incident, prevent every outage, or produce particular operational outcomes.

9. Limitation of liability

To the extent permitted by law, neither party will be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or cost of substitute services, arising out of these terms or the Services, even if advised of the possibility of such damages.

Each party's total liability arising out of or related to these terms will not exceed the fees paid by you to Hermiscale in the twelve months before the event giving rise to the claim.

10. Indemnification

You will defend Hermiscale from third-party claims arising from your use of the Services in violation of these terms, including any claim that your monitoring of a third party's infrastructure through Hermiscale was unauthorized.

11. Governing law

These terms are governed by the laws of the State of [state], United States, without regard to its conflict-of-laws rules. The exclusive jurisdiction for any dispute is the state and federal courts located in [county, state], and both parties consent to that jurisdiction and venue.

12. Changes

We may update these terms from time to time. When we make a material change, we will update the effective date above and, for existing customers, notify a contact of record. Continued use of the Services after the update constitutes acceptance of the updated terms.

13. Contact

Questions about these terms can be sent to [email protected] or via the contact form.