Terms of Service

Version 1.0 · August 2026

These Terms of Service ("Terms") govern access to and use of the HermanWa platform and related services (the "Services"), provided by Danai Data UK Ltd, a company registered in England and Wales, trading as HermanWa ("HermanWa", "we", "us"). By creating an account, starting a trial, or using the Services, you ("Customer", "you") agree to these Terms, our Data Processing Agreement and our Privacy Policy (together, the "Agreement").

1. Business use

The Services are provided for business use by organisations and professionals — building operators, property and facilities managers, lettings agents and their teams. You confirm you are entering the Agreement in the course of business and not as a consumer, and that the person accepting these Terms is authorised to bind the Customer.

2. Accounts and users

1. You are responsible for the accuracy of your account information, for maintaining the confidentiality of credentials, and for all activity under your account and the accounts of users you invite (staff, tenants, contractors), each within the role-scoped access the platform assigns them.
2. You must notify us promptly at hi@hermanwa.com of any suspected unauthorised access.

3. Plans, trials and billing

1. Plans. Features and limits (including building or unit caps) are those of the plan you purchase, as described on the pricing page and at checkout at the time of purchase.
2. Trial. Free trials run for the stated period (currently 30 days), with the limits stated at signup. At the end of the trial, access to paid features stops unless you subscribe. We may modify or withdraw trial availability for new signups at any time.
3. Billing. Paid plans are billed annually in advance through PayPal, in the currency stated at checkout (USD for commercial plans, GBP for residential plans). Subscriptions renew automatically until cancelled. Prices for renewal may change with at least 30 days' notice before the renewal date.
4. Cancellation. You may cancel at any time — via your PayPal account or by emailing hi@hermanwa.com. Cancellation stops future renewals; your plan remains active until the end of the paid period. Except where these Terms or the law provide otherwise (for example clause 5.2 of the DPA), fees already paid are non-refundable.
5. Taxes. Fees are exclusive of applicable taxes (including VAT and GST), which are your responsibility where they apply.

4. Your content

1. You retain all rights in the data, documents, images and records you or your users submit ("Customer Content"). You grant HermanWa a licence to host, process, display and back up Customer Content solely to provide the Services, as further governed by the DPA for personal data.
2. You are responsible for Customer Content — for having the right to upload it (including any personal data in it), for its accuracy, and for ensuring it is lawful. The Services are not designed for special category / sensitive personal data.
3. You can export your data during the term, and the deletion and return of data after termination is governed by clause 7 of the DPA (30 days from production; backups age out within 14 days).

5. What HermanWa is — and is not

1. Compliance information. The audit catalogs, checklists, statutory references, penalty descriptions and deadlines in the Services are researched against statute and regulator guidance and maintained with care, with sources cited. They are provided for general information: they may lag legislative change, may not reflect how a regulator exercises discretion in your case, and do not cover every obligation that may apply to you. They are not legal advice. For advice on your obligations, consult a qualified professional in the relevant jurisdiction.
2. Self-audit reports. Reports generated by the Services record a structured self-assessment by you. They are not an audit by an accredited certification body, and do not confer or substitute for any certification, accreditation or attestation — as each report itself states.
3. AI assistant. Herman, the AI assistant, may produce inaccurate or incomplete answers. Verify AI output before acting on it. AI answers are not professional advice.
4. Your outcomes. You remain solely responsible for your regulatory compliance, for the decisions you take, and for meeting your own deadlines. HermanWa is not liable for fines, penalties, enforcement action or losses arising from your compliance or non-compliance with laws applicable to you.

6. Acceptable use

You must not: use the Services unlawfully or to store unlawful content; attempt to probe, breach or circumvent security or access controls (if you find a vulnerability, report it to hi@hermanwa.com — we welcome it); interfere with the Services' operation or other customers' use; misuse the AI assistant to generate unlawful or infringing content; resell or provide the Services to third parties as a bureau service without our written agreement; or copy, scrape or reverse-engineer the Services or the audit catalogs except as permitted by law.

7. Availability and support

1. We operate the Services with the measures described on the Trust & Security page, including daily backups and supervised processes. However, the Services are provided on a reasonable-endeavours basis: we do not currently offer a contractual uptime guarantee or service credits, and short maintenance windows or interruptions may occur.
2. Support is provided by email at hi@hermanwa.com during UK business hours.
3. We may improve, modify or discontinue features. If we materially reduce the core functionality of your paid plan during a paid period, you may terminate and receive a pro-rata refund for the unexpired period.

8. Intellectual property

HermanWa and its licensors own the Services, including the software, design, audit catalog structure and content, templates and documentation. You receive a non-exclusive, non-transferable right to use them for your internal business purposes during the term. Feedback you give us may be used to improve the Services without obligation.

9. Suspension and termination

1. Either party may terminate for material breach not remedied within 14 days of written notice, or immediately on the other's insolvency.
2. We may suspend access immediately where reasonably necessary to protect the Services, other customers, or to comply with law — for serious or repeated breach of clause 6, or non-payment — restoring access when the issue is resolved.
3. On termination, your access ends, and data deletion and return are governed by the DPA. Clauses which by their nature should survive (including 4, 5, 8, 10 and 11) survive termination.

10. Liability

1. Nothing in the Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
2. Subject to clause 10.1, neither party is liable for loss of profits, revenue, anticipated savings, goodwill, or for indirect or consequential loss; and clause 5.4 applies to compliance outcomes.
3. Subject to clauses 10.1 and 10.2, each party's aggregate liability arising out of or in connection with the Agreement in any 12-month period is limited to the fees paid or payable by the Customer for the Services in the 12 months preceding the event giving rise to the claim (or £100 if no fees have been paid, as for trial use). This is the same cap as in the DPA.
4. The Services depend on third-party services (listed on the Trust & Security page); we are not liable for failures of those services beyond our reasonable control, though the DPA governs sub-processor accountability for personal data.

11. General

1. Changes to these Terms. We may update these Terms. For material changes we will give at least 30 days' notice by email or in-app notice; changes take effect at your next renewal unless you object, in which case you may terminate at the end of the current paid period. The version and date at the top of this page identify the current Terms.
2. Notices. To us: hi@hermanwa.com. To you: your account email.
3. Assignment. Neither party may assign the Agreement without the other's consent, except to an affiliate or in connection with a merger or sale of business, with notice.
4. Entire agreement. The Agreement (these Terms, the DPA, the Privacy Policy, and your order/checkout details) is the entire agreement between the parties regarding the Services and supersedes prior discussions. If these Terms conflict with the DPA on the processing of personal data, the DPA prevails.
5. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
6. Governing law. The Agreement is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

12. Contact

Questions about these Terms: hi@hermanwa.com.