Terms of Service

Effective date: [DATE]Provider: Hermiz Lc, an Arizona limited liability company, Peoria, Arizona ("Hermiz", "we", "us")Contact: support@hermiz.llc · [MAILING ADDRESS]

Every section below is a draft, for counsel. Nothing here is final until counsel has read it; this is not legal advice.

Plain-English summary (not a substitute for the terms below) · draft, for counsel

• Pixel Prompt is software you run on your own computer. We give you the app, and updates if you choose them. We do not run your town, hold your keys, or see your data.
• Paper money. The town trades paper unless you set up real money yourself, in your own name and at your own risk. Hermiz Lc is not involved in and not liable for any real-money setup, and nothing the Kit produces is investment advice.
• You pay once: $29 for a licence you keep. Yearly updates are optional, a renewal you may buy to support the developer and receive a year of updates.
• Try it first. A fourteen-day trial has everything on. After that the town stops until a licence starts it again.
• Refunds. Paddle is the seller of record. Refunds follow Paddle's buyer terms and the law where you live; the fourteen-day trial is the way to try before you buy, because the licence is a code that works offline and cannot be taken back.
• Your keys, your costs. AI providers, market-data providers, and platforms you connect are your accounts, under their terms, at your expense.
• One licence is one seat: one person, any number of towns for that person, no redistribution.
• We provide the Kit as is, and our liability is limited to what you paid us in the last 12 months.

1. Acceptance · draft, for counsel

By purchasing a licence, downloading, installing, or using Pixel Prompt (the "Kit"), its documentation, updates, community spaces, and any related services we provide (together, the "Service"), you agree to these Terms and to our Privacy Policy and Refund Policy, which are incorporated by reference. If you do not agree, do not use the Service.

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of an organization, you represent that you have authority to bind it, and "you" includes that organization.

2. What the Service is, and is not · draft, for counsel

2.1 Software you run. The Kit is an application and its assets that you install and operate on hardware you control. Its engine is delivered as Python source. Hermiz does not host, operate, monitor, or have access to your installation ("your Town").

2.2 Paper money by default. Paper money: the town trades paper unless you set up real money yourself, in your own name and at your own risk. Hermiz Lc is not involved in a real-money setup and not liable for one, and nothing in the town is financial advice. The engine is Python on your own machine, and the one place a fill happens is kit/core/broker.py: your brain, an agent of your own with a shell, or you yourself can wire it to a broker of your choice, in your name. The town then shows whatever your desk's fills report as its money, with no mark from us. Real money needs a licence. Hermiz Lc is not involved in and not liable for any real-money setup; nothing the Kit produces is investment advice. Any real-money setup is outside the scope of the Service, and Sections 9, 10 and 11 apply to it in full.

2.3 Not financial, investment, legal, or tax advice. Nothing in the Service, including any output generated by AI models operating within your Town, our documentation, our public posts, or the example configurations that mirror our own Town, is a recommendation to buy, sell, or hold any asset, or an offer or solicitation of any kind. Hermiz is not a broker-dealer, investment adviser, or exchange, and is not registered with any financial regulator. Past simulated performance, including any performance we publish for our own Town, does not indicate future results, simulated or real.

2.4 AI-generated content. Your Town uses third-party AI models you connect, or an agent of your own that you connect to a job. Their output may be inaccurate, incomplete, or inappropriate. You are responsible for how you use it.

2.5 Updates. A licence includes the version you buy. Further updates are delivered during an active yearly updates period (Section 3.3). We may add, change, or remove features. Updates are provided under these Terms.

3. Licence purchase, trial, and updates · draft, for counsel

3.1 The licence. Access is sold as a one-time licence at $29 (the price shown at checkout), with no subscription. The licence is a code, one per copy, pasted on the first screen; it is checked on your machine, offline, and it carries your name. After purchase the code arrives by mail from support@hermiz.llc.

3.2 The trial. Before buying, you may use the Kit for fourteen days with everything on. The app tells you it is a trial on the first day and the last. After the fourteen days the town stops until a licence starts it again. Real money needs a licence (Section 2.2).

3.3 Optional yearly updates. You may buy an optional yearly updates renewal, framed as supporting the developer, which delivers updates released during that year. It is not required to keep using the Kit. If you do not renew, you keep the version you have and every update you received, under the licence in Section 4, indefinitely. [Renewal price, whether it renews automatically, and the reminder cadence: to be confirmed.]

3.4 Billing. Pixel Prompt is sold through Paddle (Paddle.com), the merchant of record and the seller of record for your purchase: Paddle takes the payment, issues the receipt, and adds and remits sales tax or VAT where required, under Paddle's buyer terms, which you accept at checkout. Hermiz Lc makes the software and issues the licence.

3.5 Refunds. Paddle is the seller of record. Refunds follow Paddle's buyer terms and the law where you live; the fourteen-day trial is the way to try before you buy, because the licence is a code that works offline and cannot be taken back. Refund requests go to Paddle. See the Refund Policy, including its section on your statutory rights.

4. Licence · draft, for counsel

4.1 Grant. Subject to these Terms, Hermiz grants you a personal, non-exclusive, non-transferable, non-sublicensable licence to install, run, modify, and create derivative works of the Kit for your own use, on any number of machines you control, for any number of Towns you operate.

4.2 Seats. One licence is one seat: one natural person (or, for organizations, one named user). Additional users require additional licences.

4.3 Restrictions. You may not: (a) sell, rent, lease, sublicense, distribute, publish, or otherwise make the Kit or any substantial portion of it available to third parties, in original or modified form, whether or not for a fee; (b) offer the Kit, or a service substantially based on it, as a hosted or managed service to others; (c) remove or alter proprietary notices; (d) use the Kit to build a product that competes with the Kit by reproducing its substantial features; (e) share, publish, or alter a licence file; (f) use the Service in violation of law or third-party rights.

4.4 Your modifications belong to you, but may not be distributed except as permitted by 4.3, and Hermiz has no obligation to support modified installations.

4.5 Third-party and open-source components included in the Kit are licensed under their own terms, which are identified in the Kit's THIRD-PARTY-NOTICES file and govern those components.

4.6 Reservation. Hermiz and its licensors retain all rights not expressly granted. The Kit, its art, music, documentation, and trademarks ("Pixel Prompt", the subject of a trademark application by Hermiz Lc pending with the USPTO, and the Pixel Prompt logo) are protected by intellectual-property law.

5. Your responsibilities · draft, for counsel

5.1 Your infrastructure. You are responsible for the computer or server you run the Kit on, its security, its availability, and its costs.

5.2 Your accounts and keys. Connecting AI providers, market-data providers, brokers, messaging platforms, or any other third-party service is your choice, under that provider's terms, at your expense. Their credentials are stored on your machine; Hermiz never receives them. You are solely responsible for safeguarding them and for all activity and charges under them.

5.3 Compliance. You are responsible for compliance with laws applicable to you, including any rules of the platforms you connect and any financial regulations in your jurisdiction if you set up real money.

5.4 Acceptable use. You will not use the Service to: harass, defame, or deceive; post content you have no right to post; interfere with or probe any third-party system without authorization; violate export-control or sanctions laws; or attempt to circumvent licensing or the trial.

6. Community and public content · draft, for counsel

Community spaces (for example, a Discord server) have their own rules, which supplement these Terms. Content you post there is yours; you grant Hermiz a non-exclusive licence to display it within the community. Hermiz may remove content or members that violate the rules.

If you publish output from your Town (screenshots, posts, results), you are its publisher and responsible for it. You must not present paper results as real-money results.

7. Feedback · draft, for counsel

If you send ideas, suggestions, or bug reports, you grant Hermiz a perpetual, irrevocable, royalty-free licence to use them without obligation to you.

8. Privacy · draft, for counsel

Our Privacy Policy explains what we collect (which is little, because the Kit runs on your machine and sends nothing to us) and lists every address the app contacts.

9. Disclaimers · draft, for counsel

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, HERMIZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. HERMIZ DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY RESULT, PAPER OR REAL, WILL BE ACHIEVED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE JURISDICTIONS THE ABOVE APPLIES TO THE MAXIMUM EXTENT PERMITTED.

10. Limitation of liability · draft, for counsel

TO THE FULLEST EXTENT PERMITTED BY LAW: (A) HERMIZ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST FUNDS, TRADING LOSSES (INCLUDING ANY LOSS FROM A REAL-MONEY SETUP), OR THIRD-PARTY CHARGES (INCLUDING AI, DATA, BROKER, CLOUD, OR PLATFORM FEES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) HERMIZ'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID HERMIZ IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS ARE FUNDAMENTAL TO THE BARGAIN BETWEEN US.

11. Indemnification · draft, for counsel

You will defend, indemnify, and hold harmless Hermiz and its members, managers, employees, and agents from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your Town, any real-money setup, your modifications, your connected accounts, content you publish, or your breach of these Terms or applicable law.

12. Suspension and termination · draft, for counsel

We may end your licence if you materially breach these Terms or if required by law. Because the licence is checked offline, ending it takes effect through these Terms, not through the software. Sections 2.2, 2.3, 4.3, 4.6, 7, 9, 10, 11, 13, and 14 survive termination.

13. Governing law and disputes · draft, for counsel

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws rules. [OPTION A: Any dispute will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to their jurisdiction.] [OPTION B (for counsel to consider): binding individual arbitration under the AAA Consumer Rules, with a small-claims carve-out and a 30-day opt-out; class actions waived.] Either party may seek injunctive relief for misuse of intellectual property in any court of competent jurisdiction.

14. General · draft, for counsel

Changes to these Terms. We may update these Terms. Material changes will be announced at least 14 days before they take effect, by email or in the community. Continued use after the effective date is acceptance.Entire agreement. These Terms, the Privacy Policy, and the Refund Policy are the entire agreement regarding the Service.Severability; waiver. If a provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver.Assignment. You may not assign these Terms or your licence; Hermiz may assign them in connection with a merger, acquisition, or sale of assets.Export. You will comply with applicable export and sanctions laws.Notices. Legal notices to Hermiz go to support@hermiz.llc. Notices to you go to the email you bought with.Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.