Legal · Privacy Policy
Privacy Policy
Effective July 25, 2026 · Last updated July 26, 2026
This Privacy Policy explains how Joshua Vigil, a sole proprietor doing business as "Herculon" ("Herculon", "we", "us") collects, uses, and shares information when you use the Herculon desktop application and any related services at https://herculon.io (collectively, the "Service").
By using the Service you agree to this Policy. If you don't agree, don't use the Service.
1. Who we are
Herculon is a desktop application for orchestrating AI agents that call third-party business tools. We are the data controller for the personal data described in Sections 2.2, 2.3, and 2.4 below.
- Email: support@herculon.io
- Address: 2811 SW Archer Rd, Gainesville, FL 32608, United States
2. What we collect
2.1 Stored locally on your device (we never see it)
The following is stored on your machine only and is not transmitted to us:
- API keys you enter in Settings (for Anthropic, OpenAI, Slack, Stripe, etc.) — stored in your operating system's secure credential store (Keychain on macOS, Credential Manager on Windows, libsecret on Linux) via
keytar. - Hook-server bearer token — random secret used by loopback hook endpoints; kept in the same OS keychain.
- Application state — settings, agent roster, chat history, integration configurations, dashboard preferences — stored in a local file managed by
electron-storeunder your OS user-data directory. - Local logs — crash reports (
crashes.log) and recent hook events (hook-events-recent.json) kept under your OS user-data directory. Never transmitted.
We do not log or transmit the contents of your API keys, agent conversations, or third-party integration data to our servers under any circumstance.
2.2 Collected and stored by us
- Licence records — when you subscribe, Gumroad issues a licence key and shares with us the email address associated with your purchase, the licence key, and your subscription status. We store these, together with your voice-usage quota counters, in Cloudflare Workers KV so we can verify entitlement and meter usage.
- Support correspondence — if you email support@herculon.io, we receive and retain your email address, name (if provided), and the content of your messages so we can respond and keep a record of the issue.
- Newsletter and marketing contacts — if you choose to sign up for our newsletter or marketing updates, we collect and store the contact details you provide (your email address and, if you provide it, your phone number) and a record of your consent. These are stored and managed on our behalf by Beehiiv, the platform we use to send our newsletter. You provide these voluntarily and only for this purpose. See Section 5A (Marketing communications) for how we use them and how to opt out.
2.3 Processed transiently through the licence and voice proxy
If you subscribe to the Voice tier, the following flows through our Cloudflare Worker proxy:
- Licence key — sent in the
X-Licence-Keyheader on every voice call, so we can verify entitlement and meter usage. - Voice audio bytes — streamed from your device through the proxy to Groq (for speech-to-text) and from ElevenLabs (for text-to-speech) back to your device. Audio is not stored, buffered to disk, or logged by us. The proxy relays bytes and forgets them.
- Approximate usage counters — per-licence "seconds consumed this billing period," maintained in Cloudflare Workers KV so we can enforce the monthly cap. Reset on a monthly cron at 00:05 UTC on the 1st of each month.
- IP address and standard request metadata — Cloudflare's edge network sees your IP as part of ordinary HTTP handling. We do not persist IP addresses to our own storage.
2.4 Sent to third parties directly from your device
- LLM providers (Anthropic, OpenAI, Google, Groq, xAI, DeepSeek, and any other you configure) — your prompts, agent conversations, and tool call payloads go directly from the desktop app to whichever LLM provider you've configured with your own API key. These calls do not pass through our servers. Your relationship with each provider is governed by their own terms and privacy policies.
- Business integrations — when you configure a third-party integration (Slack, Gmail, Stripe, Shopify, HubSpot, etc.), the app calls those services directly from your device using your credentials. These calls do not pass through our servers.
3. Legal bases for processing (EEA/UK users)
Where the GDPR or UK GDPR applies, we process personal data on the following legal bases:
| Processing activity | Legal basis |
|---|---|
| Verifying your licence and metering voice usage | Performance of a contract (Art. 6(1)(b)) |
| Relaying voice audio to Groq and ElevenLabs | Performance of a contract (Art. 6(1)(b)) |
| Processing payments via Gumroad | Performance of a contract (Art. 6(1)(b)) |
| Responding to support requests | Performance of a contract / legitimate interests (Art. 6(1)(b), (f)) |
| Retaining licence and billing records after cancellation | Legal obligation and legitimate interests in accounting and dispute resolution (Art. 6(1)(c), (f)) |
| Securing the Service and preventing abuse or quota fraud | Legitimate interests (Art. 6(1)(f)) |
| Sending you our newsletter or marketing updates | Consent (Art. 6(1)(a)), withdrawable at any time |
We do not process special-category data, and we do not make automated decisions producing legal or similarly significant effects about you.
4. Subprocessors
We rely on the following third-party services to operate the Service:
| Subprocessor | Purpose | What they see |
|---|---|---|
| Cloudflare | Hosts our Worker proxy and KV store | Licence key, email, quota counters, voice audio in transit, IP metadata |
| Groq | Speech-to-text transcription | Voice audio (in transit) |
| ElevenLabs | Text-to-speech synthesis | Text prompts for voice generation |
| Gumroad | Subscription billing, voice top-up payments, and licence issuance | Name, email, payment info you provide at checkout |
| Beehiiv | Sending our newsletter and managing marketing contacts (only if you opt in) | Email address, phone number (if provided), and consent record |
Each subprocessor has its own privacy policy, and we cannot control how they retain or process data once it reaches them. Their handling of any data that passes through their systems is governed by their own policies, which we recommend reviewing:
- Cloudflare — https://www.cloudflare.com/privacypolicy/
- Groq — https://groq.com/privacy-policy/
- ElevenLabs — https://elevenlabs.io/privacy
- Gumroad — https://gumroad.com/privacy
- Beehiiv — https://www.beehiiv.com/privacy
5. How we use information
We use the information described above solely to:
- Verify your subscription is active and meter voice usage against your monthly cap.
- Deliver speech-to-text and text-to-speech through Groq and ElevenLabs.
- Process payments through Gumroad.
- Respond to support requests you send us.
- Secure the Service and prevent abuse.
- Send you our own newsletter and product updates, if and only if you've opted in (see Section 5A).
- Comply with legal obligations.
We do not sell your data, share it for third-party advertising, or train machine-learning models on it. When we send you our own newsletter, that is first-party marketing to people who asked for it, and you can opt out at any time.
5A. Marketing communications
We send our newsletter and marketing updates from dispatch@herculon.io using Beehiiv, which stores your contact details and consent record on our behalf and provides the unsubscribe mechanism in each email. If you opt in to our newsletter or marketing updates, the following applies:
- Opt-in only. We only send marketing messages to people who have affirmatively signed up. We don't add you to marketing lists just because you bought a subscription or contacted support. Any signup checkbox is unchecked by default and separate from the purchase or account step.
- Email. Every marketing email includes a working unsubscribe link and our valid physical postal address, and we honor unsubscribe requests promptly, as required by the U.S. CAN-SPAM Act and equivalent laws.
- SMS / phone (only if you provide a number and consent to texts). If you opt in to receive text messages, message and data rates may apply, message frequency varies, and you can opt out at any time by replying STOP (reply HELP for help). We treat your phone number as marketing data used only for the messages you signed up for. We do not share it with third parties for their marketing.
- Withdrawing consent. You can unsubscribe from email via the link in any message, opt out of SMS by replying STOP, or email support@herculon.io to be removed from all marketing. Withdrawing marketing consent does not affect your subscription or the service messages we need to send you (billing notices, security alerts, and policy changes), which are not marketing.
6. Retention
- Licence records (email, licence key, active/inactive status, quota counters) — retained while your subscription is active and for up to 24 months after cancellation for accounting and dispute-resolution purposes, then deleted.
- Support correspondence — retained for up to 24 months after the ticket is resolved, then deleted.
- Newsletter and marketing contacts (email, phone, consent record) — retained until you unsubscribe or withdraw consent, after which we remove your contact details from active marketing lists (we may keep a minimal suppression record — e.g. that a given email opted out — so we don't contact you again).
- Voice audio — not stored; discarded from proxy memory as soon as the request completes.
- Payment records — retained by Gumroad according to its own policies and applicable law.
7. Your rights
Depending on where you live, you may have rights under GDPR, UK GDPR, or other privacy laws, including:
- Access — request a copy of the personal data we hold about you.
- Correction — ask us to correct inaccurate data.
- Deletion — ask us to delete your licence record and any associated data. (Note: local device data is under your own control — deleting the app or its user-data directory removes it.)
- Portability — request your data in a machine-readable format.
- Objection / restriction — ask us to stop or limit certain processing.
- Withdraw consent — where processing is based on consent, withdraw it at any time, without affecting the lawfulness of processing before withdrawal.
- Opt out of marketing — unsubscribe from our newsletter at any time via the link in any email, by replying STOP to any text, or by emailing us. This is separate from and does not affect your subscription.
To exercise any right, email support@herculon.io from the email address associated with your licence. We may ask you to verify your identity (for example, by confirming details of your subscription) before acting on a request, to protect your data from unauthorized access. We'll respond within 30 days (or sooner where the law requires).
EEA/UK users: you also have the right to lodge a complaint with your local data protection supervisory authority. A list of EEA authorities is available at https://edpb.europa.eu/about-edpb/about-edpb/members_en; the UK authority is the Information Commissioner's Office (https://ico.org.uk).
California residents: we do not sell or share personal information as those terms are defined by the CCPA/CPRA, and we do not use or disclose sensitive personal information for purposes requiring a right to limit. You may exercise the rights above regardless of whether the CCPA formally applies to us.
8. Cookies and tracking
The desktop app itself uses no cookies and contains no analytics or telemetry. Our marketing website (https://herculon.io) sets no cookies of its own and uses no third-party analytics as of the Last-updated date above. If you interact with a newsletter signup form or subscribe page powered by Beehiiv, Beehiiv may set its own cookies as described in its privacy policy; that occurs only when you engage with the signup. If our own cookie or analytics use changes, we will update this section (and, where required, present a consent banner) before deploying them.
Do Not Track: because we do not track visitors across websites, we do not respond to Do Not Track browser signals; there is nothing to disable.
9. Children
The Service is not directed to anyone under 18, and our Terms of Service require users to be at least 18. We don't knowingly collect personal information from anyone under 18. If you believe we've done so, contact us and we'll delete it.
10. International transfers
We are based in the United States, and the personal data described in this Policy is processed in the United States by us and our subprocessors. If you use the Service from the EEA, UK, or Switzerland, you are transferring your data to the United States.
Where a subprocessor is certified under the EU-U.S. Data Privacy Framework (and its UK and Swiss extensions), we rely on that certification for the transfer; otherwise we rely on Standard Contractual Clauses or another lawful transfer mechanism in our agreements with them. You can request more information about the mechanism applicable to a given subprocessor by emailing us.
11. Security and breach notification
We use industry-standard measures including encrypted transport (HTTPS/TLS) for all network traffic, and your API keys are stored in your OS's native secure credential store on your own device. No system is perfectly secure; we can't guarantee absolute security.
If a breach of security affecting your personal data occurs, we will notify you and the relevant authorities as required by applicable law, including Florida's Information Protection Act (Fla. Stat. §501.171) and, where applicable, the GDPR's 72-hour notification requirement.
12. Changes to this policy
If we make material changes to this Policy, we will notify you by email (from dispatch@herculon.io) or through the app at least 14 days before the changes take effect, and update the "Last updated" date above. Non-material changes (clarifications, formatting, contact details) may take effect immediately upon posting. If you don't agree with a material change, you may cancel your subscription before it takes effect.
13. Contact
Questions or requests about this policy:
Email: support@herculon.io Address: 2811 SW Archer Rd, Gainesville, FL 32608, United States