Service
Agreement.

The Parties

This Agreement is entered into between Hermia ("Provider", ABN 75 434 177 026) and the Client identified during sign-up. By proceeding, the Client agrees to receive Hermia's AI intake and lead qualification software on a month-to-month subscription basis. The person who accepts this Agreement for the Client confirms that they are authorised to bind the Client.

Hermia AI Intake & Qualification Software

The Provider delivers AI-powered intake and qualification software designed to engage with the Client's existing inbound enquiries. When a prospective customer submits an enquiry through the Client's connected inbox (Gmail or Outlook) or connected Facebook, Instagram or TikTok messages, Hermia may automatically collect and organise relevant information — including contact details, service requirements, urgency, supporting media, availability, and other qualification data.

This information is then structured and routed into the Client's connected CRM or business system to reduce manual administration and improve response times.

Commercial Terms

The initial agreed configuration includes up to 35 client-authored questions, supported channels and response routes, internal recipients, photo and video handling, approved calendar steps, and the CRM or email-docket handoff. Support and monitoring are included in the monthly service. Apart from the optional features the Client chooses, there are no separate Hermia fees per question, answer, enquiry, message, platform, recipient, media submission or CRM connection.

After go-live, a requested configuration change costs USD $500 for each kind of change: connections (adding or removing a way enquiries arrive, the channel customers are answered on, the CRM, or who receives briefs), questions (adding, removing or rewording questions, where each answer goes, the next step, or the reply language) and calendar (how bookings work and which calendars are used). Several changes of the same kind submitted together are one charge. Reconnecting an account, and switching automatic booking on or off, are free. An optional feature added after go-live, from the Client’s change page, is charged its setup fee (one month’s fee on the Client’s plan), not as a change request: it is on once that is paid, and its monthly fee is charged from the next billing date. This is not a per-question fee, a minimum fee plus implementation extras, or a recurring surcharge. No fee is added without the Client requesting and approving the work.

Optional features. The Client may add any of seven optional features: Missed calls, Hermia Notes, Hermia Automate, the Employee tracker, Booking reminders, Quote follow-up and Payment reminders. Each has a setup fee, paid once, and a monthly fee of the same amount, set by the Client’s plan: USD $79 on Starter, USD $199 on Standard, USD $449 on Growth and USD $799 on Large, where the monthly fee is for every 4,000 enquiries a month. On Large, the number of blocks of 4,000 enquiries each optional feature is charged for follows the Client’s enquiries in the same way as plans: if each of 4 consecutive full months needed more blocks than are charged, the number moves up to what the lowest of those months needed, from the first billing date at least 7 days after Hermia emails the Client the numbers; if each needed fewer, it moves down to what the highest of those months needed, from the next billing date. A month needs one block for every 4,000 enquiries, or part of 4,000. An optional feature is provided only while it is paid for. Missed calls, the Employee tracker, Booking reminders, Quote follow-up and Payment reminders are not offered to finance businesses, and Missed calls, Hermia Automate, the Employee tracker, Quote follow-up and Payment reminders are not offered for healthcare. With Booking reminders, Quote follow-up or Payment reminders, Hermia messages the Client’s customers on the Client’s behalf about their bookings, quotes and invoices; the Client confirms it may contact those customers about them, and Hermia never puts payment or bank details in a message. A page for each customer and a monthly results report are included on every plan, at no charge. The Client may stop an optional feature at any time, from its change page: the feature stays on until the end of the month already paid for, then stops, and its monthly fee is not charged again. The month already paid is not refunded, subject to mandatory legal rights. Until it stops, the Client may keep it on, with no setup fee.

The setup fee for the chosen plan, and the setup fee of each optional feature chosen, are paid by card at checkout. The two-day free trial starts when the Client’s Hermia is live, not at payment, and the Client is told by email. The first monthly payment for the plan and each optional feature is taken at the end of the trial, then recurs monthly on the billing anniversary. The trial waives only the monthly service charge; it does not waive the setup payment. Prices are in USD; a card provider may apply its own exchange rate or foreign-transaction fee.

Plans follow enquiries. Hermia counts the Client’s enquiries in each calendar month, in the Client’s own time zone. One new person getting in touch is one enquiry, whichever way they reach the Client; the same person again within 7 days counts once; spam that Hermia blocks is not counted. The month the Client goes live is a part month and does not count. If the Client’s enquiries are above its plan in each of 4 consecutive full months, its plan moves up to the plan that fits the lowest of those months, from the first billing date at least 7 days after Hermia emails the Client the numbers. If they are below its plan’s minimum in each of 4 consecutive full months, its plan moves down to the plan that fits the highest of those months, from the next billing date. A plan change changes only the monthly fees: the plan’s, and each optional feature’s, which moves to its price on the new plan (on a move up to Large, for the blocks of 4,000 enquiries the lowest of those months needed). No setup fee is charged for a move, and setup already paid is not refunded. Nothing is charged or credited for part of a month, and the Client may cancel at any time.

Enquiry records. To show how the plan was worked out, Hermia keeps a record of each enquiry it counts: the person’s name, email address or phone number, the date and time, and the channel. The Client can see its own records through a private link in each plan email, which opens only with its customer ID. Names and contact details are deleted 6 months after each enquiry; the monthly totals are kept.

If a subscription payment fails, Hermia emails the Client with a payment link. An unpaid account is paused while its setup is retained. Once payment is confirmed and the subscription is active, access is restored automatically without another initial configuration. If the trial ends without an active paid subscription, the service pauses and the Client is notified by email.

These published terms govern new orders and do not retrospectively change existing signed agreements or subscriptions. The configuration agreement records your selected operating instructions before checkout.

Refund Policy

If the Client requests cancellation within the two-day trial (48 hours from the time its Hermia is live), the ordinary setup refund is the setup fees paid (the plan’s and those of any optional features) less one USD $84 processing deduction. Without optional features that is USD $716 on Starter, USD $4,316 on Standard, USD $7,416 on Growth and USD $14,916 on Large. If the Client cancels before its Hermia is live, every setup fee is refunded. No monthly service payment is taken for a cancellation made within the trial. After the trial, the setup payment is ordinarily non-refundable, because the business configuration has been built and checked.

These commercial refund, cancellation and deduction terms do not exclude, limit or override any mandatory consumer guarantee, statutory refund, compensation or other right or remedy under applicable law. The USD $84 deduction applies only to the ordinary trial-cancellation refund where legally permitted; it is not deducted from a refund where the law requires otherwise.

How to Cancel

The service is month-to-month, with no minimum subscription term or long-term lock-in. The Client may cancel at any time by emailing info@hermia.au with the business name and customer ID. Cancellation takes effect immediately: new enquiry processing stops and no further monthly payments are taken. The unused portion of an already paid month is not ordinarily refunded, subject to mandatory legal rights.

The deployed business configuration is retained for up to 12 months after cancellation or while unpaid, without continuing new enquiry processing. After 12 months it is removed; returning after removal requires a rebuild from the saved configuration rather than merely switching the old deployment back on. This setup-retention period is not a promise to retain customer personal data for 12 months; that data remains subject to the Privacy Policy and applicable law.

Compliance & Security

The Provider maintains commercially reasonable organisational and technical safeguards for the Service. Hermia is designed to support client compliance with the Privacy Act 1988 (Cth), Australian Privacy Principles, and applicable communications rules, but no website, contract, provider, or technical control guarantees compliance with every law or prevents every security incident.

The Client must protect its connected accounts and authorise only lawful uses. If Hermia communicates with an end customer on the Client’s behalf, its first message says that it is the Client’s digital assistant and names the Client, for example: “Hi Sam! I’m Hermia, the digital assistant for Harbour Plumbing.” The Client remains responsible for the accuracy of the business identity, customer notices, lawful basis, consent evidence, marketing permissions, and channel requirements.

If a customer asks whether they are talking to a person, Hermia says that it is an AI assistant, never that it is a person. A customer can ask for a person at any time: Hermia gives them the contact details the Client set for this and tells the person the Client nominated straight away (see “Requests for a person” below). A customer can stop messages at any time by replying STOP (or QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE); Hermia confirms once and sends nothing more until they reply START (if they write again before that, Hermia replies only to say how to restart, at most once a day). The reminder, follow-up and check-in emails Hermia sends the Client’s customers name the Client, show the postal address the Client gives Hermia for them, and have an unsubscribe link; a customer who uses it gets no more of those emails from the Client. The Client must keep that address correct and current (a PO box is fine), and can change it from its change page at no charge.

Requests for a person. When a customer asks to talk to a person, Hermia gives them the contact details the Client set for this in its configuration (or, if none are set, tells them their request has been passed on), and emails the request, with what the customer has said so far, to the person the Client nominated (or, if none, to the people who receive its briefs). The Client is responsible for keeping these details correct and current, for being entitled to give them to its customers, and for responding to the customer. Hermia passes the request on but does not answer for the Client, and is not responsible for whether, when or how the Client responds, or for any loss caused by contact details the Client supplied or by the Client not responding.

Each Client’s information is kept separate: every record is tied to that Client’s account, and the Service checks that link before information is read, changed or sent. Information is encrypted in transit, and Hermia’s main storage is encrypted at rest. Hermia does not use the Client’s information, or its customers’ information, to train artificial intelligence models. If Hermia suspects a security incident affecting the Client’s information, it will investigate, contain and remediate it and tell the Client promptly where reasonably practicable.

Enquiry Generation Disclaimer

Hermia's role is limited to processing, qualifying, organising, and routing enquiries already received by the Client. Hermia makes no guarantee regarding enquiry volume, conversion rates, revenue, bookings, or any other business outcome.

Enquiry Data & Consent

The Client warrants that it has authority to connect its systems and has provided any notices, lawful basis, or consent required for the collection, use, disclosure, and processing of enquiry data, including under the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth) where they apply, and equivalent laws in other countries. The Client must keep evidence of consent where required and must not use Hermia to send marketing or telemarketing messages unless the relevant permissions, sender identification, unsubscribe, suppression, and calling controls are in place.

Hermia processes enquiry data only to provide the Service on the Client’s documented instructions and does not use it for Hermia’s independent advertising or lead generation. The Client must promptly tell Hermia about an opt-out, withdrawal, correction request, suspected unauthorised disclosure, or other restriction affecting a person’s data. Hermia may suppress future automated messages and suspend a configured process when required to reduce risk.

Hermia does not record live calls or private conversations. Voice notes and videos that customers send, and voicemail messages left with Missed calls, are written out as text so the answers in them can be read and checked. If the Client enables call recording or a similar feature, the Client must provide the required notice and obtain any consent required by the applicable state, territory, or country. Health, finance, insurance, legal, employment, education, government, children’s, and other regulated processes may require additional review, human approval, restricted features, or refusal.

The Client determines the purposes and lawful means of its customer communications and remains responsible for the instructions supplied to Hermia. Where applicable, Hermia acts as a technical processor or service provider, not as the Client’s independent controller of customer relationships. The Client must ensure that its instructions, customer notices, consent records, suppression controls, and cross-border arrangements satisfy the laws that apply to the Client, its customers, and the selected communication channels.

Hermia uses computer programs, including artificial intelligence, to read, check and organise enquiries; the Privacy Policy explains these automated steps. Where the law requires it (in Australia, from 10 December 2026, under Australian Privacy Principle 1), the Client’s own privacy policy must explain its use of automated tools for these steps, and Hermia will give the Client a description of them on request.

The Data Processing Terms form part of this Agreement. They set out how Hermia processes the personal information of the Client’s customers on the Client’s behalf, including security, service providers, incident notices, deletion, and the terms for transfers between countries (including the European Union’s Standard Contractual Clauses where they apply).

Intellectual Property

Hermia retains all right, title and interest, including all intellectual property rights worldwide, in the Hermia service and everything used to provide it: its software, source code, system architecture, connectors to CRMs and other business systems, conversation flows, qualification, triage and routing logic, artificial intelligence instructions and prompts, standard texts, documentation, and all improvements, updates and changes to them, including those made while configuring or changing the Client’s service. These are Hermia’s proprietary trade secrets. Nothing in this Agreement transfers ownership of any of them to the Client.

The Client receives a non-exclusive, non-transferable right, which cannot be sublicensed, to use the Service for its own business during its subscription; the right ends when the subscription ends. The Client may not copy, reproduce, share, reverse engineer, decompile, resell, or use any part of the Hermia system to build or help build a competing service. Breach of this clause entitles Hermia to end the Service immediately without refund, subject to any right that cannot lawfully be excluded.

The Client keeps ownership of its business information, its customers’ information and the wording of the questions it writes, and lets Hermia use them only to provide the Service. If the Client gives Hermia suggestions or feedback, Hermia may use them freely.

Limitation of Liability

Hermia helps qualify and organise enquiries received by the Client. While we strive to provide a reliable service, we do not guarantee lead conversions, sales, bookings, or other business outcomes.

To the extent permitted by applicable law, Hermia is not liable for indirect or consequential loss, including lost revenue, lost profit, missed opportunities, loss of goodwill, or other business losses arising from the use of the Service. Nor is Hermia liable for how the Client, or its staff, handle the enquiries and requests Hermia passes on to them, including a customer’s request to talk to a person.

Subject to any consumer guarantee or other right that cannot lawfully be excluded or limited, any liability relating to the Service is limited to the fees paid by the Client in the three (3) months before the claim. Where the Australian Consumer Law applies and allows it, Hermia’s liability for failing to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again. Nothing in this Agreement excludes liability for fraud, wilful misconduct, or any other liability that applicable law does not permit the parties to exclude.

To the extent permitted by applicable law, the Client will indemnify Hermia for third-party claims, regulatory action, penalties, and reasonable costs caused by the Client’s unlawful instructions, missing consent, inaccurate data, unauthorised message, or breach of this Agreement. This indemnity does not prevent a regulator or affected individual from exercising rights against any party and does not exclude any non-excludable legal obligation.

Governing Law

This Agreement is governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.