Legal · Terms of Service

Terms of Service

Effective July 25, 2026 · Last updated July 26, 2026

These Terms of Service ("Terms") govern your use of the Herculon desktop application and any related services provided by Joshua Vigil, a sole proprietor doing business as "Herculon" ("Herculon", "we", "us", "our") at https://herculon.io (collectively, the "Service").

By downloading, installing, or using the Service you accept these Terms. If you don't accept them, don't use the Service.

1. What Herculon is

Herculon is a desktop application that lets you hire AI agents to perform tasks by calling third-party business tools (payments, email, CRM, messaging, e-commerce, and similar integrations). Herculon runs on your device. Agent conversations and tool calls happen directly between your device and the LLM providers and third-party services you configure.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and able to enter into a binding contract to use the Service. You may not use the Service if you are located in, or a resident of, any country or region subject to comprehensive U.S. sanctions, or if you are on any U.S. government restricted-party list. You agree to comply with all applicable U.S. export control and sanctions laws.

3. Subscription and payment

3.1 Herculon Access plan

The Service is offered on a monthly subscription basis. As of the Effective date the price is US$7 per month ("Herculon Access") billed monthly via Gumroad. We may change the subscription price; any change to the price of an existing subscription will be made in accordance with Section 15 (Changes to these Terms), and you may cancel before a price change takes effect.

3.2 Automatic renewal — read this

Your subscription renews automatically each month, and your payment method will be charged the then-applicable subscription price (US$7/month for Herculon Access) on each monthly renewal date, until you cancel. You can cancel at any time through your Gumroad account (Library → Manage membership) or by emailing support@herculon.io; cancellation stops future charges and you keep access through the end of the current billing period. These renewal terms are also disclosed at checkout before you subscribe.

3.3 What the subscription includes

Your active subscription entitles you to:

• Use of the desktop application, including all versions, updates, roles, and characters released while your subscription is active.
• 15 minutes of bundled voice time per billing cycle, consisting of Groq speech-to-text and ElevenLabs text-to-speech served through our Cloudflare Worker proxy using our master accounts. Voice usage is metered in seconds and enforced server-side.

If you cancel, you keep the app. After cancellation you may continue using the most recent version of the desktop application released during your subscription, indefinitely, under the licence in Section 9. What stops at cancellation: future updates and new versions, bundled monthly voice minutes, new roles and characters, and access to the voice proxy (except as provided for top-up minutes in Section 3.5).

3.4 What the subscription does not include

• LLM access. Herculon does not include any large language model. You connect your own AI, either bring-your-own-key ("BYOK") — an API key from Anthropic, OpenAI, Google, Groq, xAI, DeepSeek, or another provider you configure — or via hooks that route work through an AI subscription or tool you already have. You are solely responsible for all fees charged by those providers. Herculon has no visibility into and no control over your consumption or billing with them.
• Provider terms in hooks mode. If you connect via hooks to a consumer AI subscription, it is your responsibility to confirm that this use is permitted by that provider's terms of service. Some providers restrict automated or third-party access to consumer subscription plans, and violating their terms can result in suspension or termination of your account with them. We are not responsible for any action a provider takes against your account.
• Third-party integration costs. Any charges from Slack, Stripe, Shopify, HubSpot, or other services you connect are your responsibility.

3.5 Voice top-ups

You may purchase additional voice minutes as one-time top-ups through Gumroad:

• Quick — 10 minutes for US$3
• Boost — 25 minutes for US$6
• Marathon — 60 minutes for US$12

Top-up minutes are added to your remaining balance and are consumed after your bundled monthly minutes. Top-up minutes you have purchased are yours to keep and do not expire. They remain usable even if your subscription lapses or is cancelled: you can continue to spend any top-up balance through the voice proxy without an active subscription, and it stays on your account until you use it. Cancelling stops your bundled monthly minutes and future updates (see Section 3.3), but it does not touch top-up minutes you have already paid for.

3.6 No-refund policy

All payments are final and non-refundable. Because you keep full use of the desktop application after cancellation (see Section 3.3), subscription charges — including your initial charge and every renewal — are non-refundable, and one-time voice top-ups are non-refundable once minutes have been credited to your account. You can avoid future charges at any time by cancelling before your next renewal date (see Section 3.2).

This no-refund policy is disclosed at checkout and on the top-up purchase screen before you pay, and by completing a purchase you acknowledge it.

Exceptions that still apply:

• Where refunds are required by law. Nothing in this Section overrides a non-waivable refund or cancellation right you have under the consumer-protection law of your place of residence. In particular, consumers in the EEA and UK may have a statutory right to withdraw from a purchase of digital content or services within 14 days; where that right applies and has not been lawfully waived, we will honor it.
• Where we cause the loss. If we terminate your subscription without cause, discontinue the Service, or make a material adverse change under Section 15 during a period you have paid for, we will refund the unused portion of that billing period pro-rata.

3.7 Taxes

Prices are stated exclusive of applicable taxes. You are responsible for any VAT, GST, sales, or use taxes assessed on your purchase. Gumroad may collect and remit certain taxes on our behalf.

4. Your responsibilities

You agree that you will not:

• Use the Service to send spam, harass others, distribute malware, or violate any law.
• Use the Service to build, orchestrate, or deploy autonomous systems for harmful purposes (including targeted harassment, mass unsolicited outreach without consent, or unauthorised access to systems).
• Reverse-engineer, decompile, or attempt to extract our master service credentials from the desktop application.
• Share, resell, or transfer your licence key to another person.
• Use the Service in a manner that abuses the Voice tier (e.g. automated re-triggering to circumvent quota, sharing a licence across multiple simultaneous devices).
• Configure the Service to interact with third-party systems in ways that violate those systems' terms.
• Export, re-export, or provide the Service in violation of U.S. export control or sanctions laws.

We may suspend or terminate your subscription (with a pro-rata refund of the unused portion of the current billing period) if we reasonably believe you're violating this Section.

5. LLM connectivity disclaimer (BYOK and hooks)

You acknowledge that:

• Agents may make many LLM calls in the course of executing a task, and costs can accumulate quickly, particularly in autonomous loops.
• You control your own LLM connection, whether an API key or a hook into a subscription you hold. We do not set spending limits, monitor consumption, or receive billing information from your LLM provider.
• You are solely responsible for all charges billed by your LLM provider and for your compliance with that provider's terms, including charges resulting from unintended loops, misconfigured agents, or actions taken by agents you dispatched, and including any usage limits, rate limits, or access restrictions your provider imposes.
• We recommend setting spend limits, budget alerts, or rate limits with your LLM provider and reviewing your agents' behaviour before granting them access to high-cost workflows.

6. Agent actions on third-party services

Agents can take actions on third-party services you connect (send emails, post messages, create orders, issue refunds, delete records, and so on). You acknowledge that:

• Actions taken by agents are attributed to you and treated as your own actions by the third-party service.
• Herculon includes safety features, including a destructive-action reviewer that prompts for confirmation before verbs such as "delete", "remove", "cancel", "refund", "revoke" run. These features are mitigations, not guarantees, and can be turned off or bypassed in edge cases.
• You are solely responsible for the outcome of any action an agent takes on a third-party service, including but not limited to unwanted messages sent, orders placed, records modified or deleted, refunds issued, account limits triggered, or platform bans imposed by the third-party service.
• We recommend testing agent behaviour with low-stakes credentials (sandbox accounts, test-mode API keys) before pointing them at production systems.

7. High-risk use; no professional advice

The Service is general-purpose automation software. It is not designed, intended, or licensed for use in medical, emergency, life-safety, or other high-risk applications where failure, error, or delay could lead to death, personal injury, or severe physical, financial, or environmental damage, and you agree not to use it for such purposes.

Outputs produced by AI agents may be inaccurate, incomplete, or wrong, and do not constitute medical, legal, financial, investment, tax, or other professional advice, regardless of the role name or persona assigned to an agent (including roles labelled "Legal," "Accountant," "Trader," or similar). Agent role names describe task categories, not professional qualifications. In particular: any trading, investment, or financial decision you make or automate using agent outputs — including decisions involving securities or cryptocurrency — is made entirely at your own risk, and we are not a broker, investment adviser, or fiduciary. For decisions with legal, financial, tax, or medical consequences, consult a qualified professional.

8. Voice data

Voice audio is streamed through our Cloudflare Worker proxy to Groq and ElevenLabs and is not stored server-side by us. See our Privacy Policy for full details on how voice data is handled.

9. Intellectual property; feedback

We retain all rights, title, and interest in and to the Service, including the desktop application, the proxy, the website, and all associated content and branding. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to install and use, for personal or internal business purposes, any version of the desktop application released while your subscription is active. This licence continues after your subscription ends for the versions you received during it — consistent with our promise that cancelling doesn't lock you out of the app — but access to updates, new versions, bundled voice minutes, and subscription-only features requires an active subscription. We may revoke the licence if you materially breach these Terms.

Content you create through the Service (agent conversations, generated text, images, code, or other outputs) is yours, subject to any rights held by the LLM provider or third-party service involved.

If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them for any purpose without obligation or compensation to you.

10. Third-party services

The Service depends on and interoperates with third-party services (LLM providers, Groq, ElevenLabs, business integrations, Gumroad, Cloudflare, and Beehiiv for our newsletter). Their availability, pricing, and terms are outside our control. We are not responsible for their performance, outages, changes, or discontinuation.

11. Changes to the Service

We may modify, add, or remove features of the Service, including the voice-minute allocation, top-up pricing for future purchases, and supported integrations. If a change materially reduces the core functionality of a paid subscription during a billing period you've already paid for, your remedy is to cancel and receive a pro-rata refund of the unused portion of that period.

12. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or that AI agents will produce accurate, appropriate, or safe outputs.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. In that case, any implied warranties are limited to the minimum scope and duration permitted by applicable law.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JOSHUA VIGIL (D/B/A HERCULON) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) US$100 or (b) the amount you paid us in the 12 months preceding the event giving rise to the claim.

This section applies whether the claim is based on warranty, contract, tort (including negligence), statute, or any other legal theory, and even if we've been advised of the possibility of such damages.

Exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including (where applicable) liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you; in those jurisdictions, our liability is limited to the greatest extent permitted by law. If you are a consumer in the EEA or UK, you retain all rights and remedies granted by the mandatory consumer-protection law of your country of residence, and nothing in these Terms restricts them.

14. Indemnification

You agree to indemnify and hold Joshua Vigil (d/b/a Herculon) harmless from any third-party claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any third party's rights. This Section does not apply to the extent a claim arises from our own gross negligence or willful misconduct, and does not apply to consumers where prohibited by applicable law.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, 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. If you don't agree to a material change, you may cancel before it takes effect and receive a pro-rata refund of the unused portion of your current billing period. Continued use of the Service after a change takes effect means you accept the updated Terms. Non-material changes (clarifications, formatting, contact details) may take effect on posting.

16. Termination

You may cancel your subscription at any time; per Sections 3.3 and 9, cancellation does not revoke your licence to the app versions you received while subscribed. We may terminate or suspend your subscription and, in the case of material breach, revoke your licence (with or without notice) if you violate these Terms, if we're required to do so by law, or if we discontinue the Service; if we terminate without cause or discontinue the Service, we'll refund the unused portion of your current billing period pro-rata, and your licence to already-received app versions survives. On termination, sections that by their nature should survive — including Sections 3.6 (refunds, to the extent of accrued rights), 5, 6, 7, 9, 12, 13, 14, 17, and 18 — will survive.

17. Governing law; dispute resolution

Informal resolution first. Before filing any claim against us, you agree to email support@herculon.io with a written description of the dispute and give us 60 days to try to resolve it informally. We'll do the same before filing any claim against you. Either party may bring a qualifying claim in small-claims court at any time without going through this process.

Governing law and venue. These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Alachua County, Florida, and both parties consent to their personal jurisdiction and venue.

Class action waiver. To the maximum extent permitted by law, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. If this waiver is found unenforceable as to a particular claim, it is severable as to that claim only.

Consumer carve-out. If you are a consumer resident in the EEA, UK, or another jurisdiction whose law grants you the non-waivable right to bring claims in the courts of your place of residence or under your local law, nothing in this Section deprives you of that right.

18. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service, superseding any prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, sale of assets, or by operation of law.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, government action, internet or utility failures, or failures of third-party services.

19. Contact

Email: support@herculon.io Address: 2811 SW Archer Rd, Gainesville, FL 32608, United States