Terms of Use

Effective September 29, 2026

Acceptance of these terms

These Terms of Use ("Terms") are an agreement between you and HSmithDev LLC ("we", "us") covering the Hermit app ("Hermit" or "the app"). By downloading, installing, or using Hermit, you agree to these Terms. If you do not agree, do not use the app.

License

We grant you a personal, non-exclusive, non-transferable, revocable license to use Hermit on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. You may use Hermit for your own personal purposes and in your own work. You may not copy, modify, distribute, sell, or lease the app, or reverse engineer it except where the law allows this regardless of these Terms.

Your content

You keep all rights to the recordings, transcripts, summaries, tasks, documents, drawings, and other material you create or import in Hermit ("Your Content"). Hermit processes Your Content on your device, so we never receive a copy of it and claim no rights to it. You are responsible for Your Content and for having the right to record, import, and use it.

Many jurisdictions require the consent of some or all participants before a conversation may be recorded, and violations can carry serious civil and criminal penalties. You are solely responsible for determining what consent is required wherever you record and for obtaining it. You agree not to use Hermit to record anyone unlawfully.

AI-generated content may be wrong

Transcripts, speaker labels, summaries, titles, task lists, and chat answers in Hermit are generated automatically by machine-learning models. These models make mistakes. They may mishear words, leave out or invent content, attribute speech to the wrong person, or give inaccurate answers. AI-generated output is provided for convenience only and is not checked for accuracy or completeness. Do not rely on it for medical, legal, financial, safety-critical, or other important decisions without checking it against the original recording or source.

No professional advice

Hermit is a note-taking tool. Nothing it generates is medical, legal, financial, or other professional advice.

Local storage and backups

Hermit stores Your Content on your device and, if you enable it, in your personal iCloud account. We do not store Your Content on our servers and do not offer cloud backup or data recovery. If you delete the app, lose your device, or experience a hardware or software failure, Your Content may be permanently lost.

Hermit lets you export recordings and transcripts. You are responsible for backing up anything you want to keep. To the maximum extent permitted by law, we are not liable for lost or corrupted recordings, transcripts, or other data.

Disclaimer of warranties

To the maximum extent permitted by law, Hermit is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that the app, its transcription, or its AI features will be accurate, uninterrupted, secure, or error-free, or that the app will work on every device.

Limitation of liability

To the maximum extent permitted by law, HSmithDev LLC and its members, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or related to your use of or inability to use Hermit, including reliance on AI-generated content or any consequence of recording without required consent, even if advised of the possibility of such damages. Our total liability for all claims relating to Hermit will not exceed the greater of the amount you paid for the app in the twelve months before the claim arose or fifty U.S. dollars (US$50).

Some jurisdictions do not allow certain warranties to be excluded or liability to be limited, so some of the above may not apply to you. Nothing in these Terms limits any rights you have under consumer protection laws that cannot be waived by contract.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless HSmithDev LLC from any third-party claim or demand, including reasonable attorneys' fees, arising out of your use of Hermit in violation of these Terms or of any law or third-party right, including recording someone without the consent the law requires.

Third-party and open-source components

Hermit includes open-source software, including WhisperKit, SpeakerKit, and Apple's MLX, and uses AI models such as OpenAI's Whisper, Meta's Llama 3.2, and Alibaba's Qwen 2.5, each distributed under its own license. Your use of those models is also subject to their license terms, including any acceptable-use policies. Built with Llama.

Apple App Store terms

If you downloaded Hermit from Apple's App Store, you also acknowledge and agree that:

  • These Terms are between you and HSmithDev LLC only, not Apple. We, not Apple, are solely responsible for Hermit and its content.
  • Apple has no obligation to provide any maintenance or support for Hermit.
  • If Hermit fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) you paid for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Hermit. Any other claims, losses, liabilities, damages, costs, or expenses due to a failure to conform to a warranty are our responsibility, to the extent not disclaimed in these Terms.
  • We, not Apple, are responsible for addressing any claims by you or a third party relating to Hermit or your possession and use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
  • If a third party claims that Hermit or your possession and use of it infringes their intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement, and discharge of that claim.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • You must comply with applicable third-party terms, such as your wireless data service agreement, when using Hermit.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept them, Apple has the right to enforce them against you as a third-party beneficiary.

Built with AI assistance

Portions of Hermit's source code were written with the help of AI coding tools. HSmithDev LLC is responsible for the app as shipped, whatever tools were used to build it. We mention this only for transparency.

Termination

You may stop using Hermit at any time by deleting it. Your license ends automatically if you fail to comply with these Terms. We may modify, suspend, or discontinue Hermit at any time. Sections that by their nature should survive termination, including those on warranties, liability, indemnification, and governing law, will survive.

Changes to these terms

If we change these Terms, we will update the effective date above and publish the new version on this page. For significant changes we will also tell you in the app. By continuing to use Hermit after a change takes effect, you accept the updated Terms.

Governing law

These Terms are governed by the laws of the State of Utah, USA, without regard to its conflict-of-law rules. Any dispute relating to these Terms or Hermit will be brought in the state or federal courts located in Utah, and you and we consent to their jurisdiction, unless the law of the place where you live gives you the right to bring a claim in your local courts.

General

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, together with our Privacy Policy, are the entire agreement between you and us about Hermit.

Contact

Questions, complaints, or claims about Hermit or these Terms can be sent to HSmithDev LLC at support@harrisonsmith.ai.