Hermitage Technologies, LLC
Effective Date: August 10, 2026 · Last Updated: October 3, 2026
By accessing or using the Hermitage estate planning platform (“Platform”), you (“Subscriber”) agree to be bound by these Terms of Service and Subscriber Agreement (“Agreement”). If you are accepting on behalf of a firm or organization, you represent that you have authority to bind that entity. If you do not agree to these terms, do not use the Platform.
These terms constitute a binding legal agreement between you and Hermitage Technologies, LLC, a California limited liability company (“Hermitage,” “we,” “us,” or “our”).
2.1 Professional Use Only. The Platform is designed for professionals and their staff, for use by attorneys, CPAs, financial advisors, wealth strategists, trust officers, and other professionals (“Practitioners”) engaged in estate planning, tax planning, and related advisory services for their clients. The Platform is not intended for use by the general public or by clients directly without Practitioner supervision.
2.2 Subscriber Responsibility. By subscribing, you represent and warrant that:
2.3 Firm Accounts. For firm-level subscriptions, the designated administrator is responsible for managing user access and ensuring compliance with this Agreement by all firm users.
3.1 Platform Features. Hermitage provides an integrated estate planning advice platform including estate analysis, cash flow projections, strategy scenario modeling, professional calculators, client education materials, and client portal access (collectively, “Services”).
3.2 Planning Estimates Only. All projections, calculations, analyses, scenarios, and outputs generated by the Platform (“Outputs”) are planning estimates based on user-entered assumptions and simplified modeling conventions. Outputs are intended to assist Practitioners in client education and planning conversations. They are not:
3.3 Assumptions and Limitations. Outputs depend entirely on the accuracy and completeness of the data entered by the Subscriber. Hermitage does not verify, audit, or independently confirm any data entered into the Platform. Projections involve assumptions about future tax rates, asset growth, interest rates, and other variables that are inherently uncertain and subject to change.
3.4 Professional Responsibility. The Platform provides software tools, calculations, projections and AI-generated summaries for use by professionals and their staff. Hermitage does not provide legal, tax, accounting, investment or financial advice, and no attorney-client, accountant-client or advisory relationship arises between Hermitage and Subscriber, its users or their clients. Subscriber is solely responsible for (a) the accuracy and completeness of the data its users enter; (b) reviewing all output before relying on it or sharing it; and (c) every professional judgment and recommendation made to its clients. Output depends on the data and assumptions entered and on the law as modeled, and is not a guarantee of any tax or financial result.
4.1 Subscription Plans. Hermitage offers subscription plans as described on the Platform pricing page, including Solo Counselor, Small Firm, Growing Firm, and Enterprise tiers. Plan features and pricing are subject to change with notice, except as provided in Charter Pricing.
4.2 Billing. Subscriptions are billed in advance on a monthly or annual basis, as selected at signup. Annual subscriptions are billed as a single payment for the full year.
4.3 Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorize Hermitage to charge your payment method for each renewal period.
4.4 Cancellation. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods except as required by applicable law, and except as this Agreement or the data processing addendum provides.
4.5 Price Changes. Hermitage may change subscription prices upon thirty (30) days’ notice, except as provided in Charter Pricing. Continued use of the Platform after the price change takes effect constitutes acceptance of the new pricing.
4.6 Charter Pricing. A subscription started before March 1, 2027 is a Charter Subscription. For three years from the date a Charter Subscription begins, Hermitage will not increase the price of its plan or of any seat in it, including seats Subscriber adds during those three years, provided it remains continuously active. If a Charter Subscription is cancelled or lapses, the charter price ends. After the three years, Hermitage’s then-current prices apply on notice under this Agreement.
4.7 Seat Definitions. Each subscription seat authorizes one named user. Seats may not be shared among multiple individuals. Firm subscriptions permit the number of seats specified in the applicable plan.
5.1 Permitted Uses. You may use the Platform to:
5.2 Prohibited Uses. You may not:
6.1 Subscriber Responsibility for Client Data. You are solely responsible for obtaining all necessary consents and authorizations from your clients before entering their personal and financial information into the Platform. You represent that you have a legitimate professional basis for processing each client’s data.
6.2 Data Security. Hermitage protects Subscriber Data as set out in the data processing addendum.
6.3 Legal Demands. Hermitage responds to legal demands for Subscriber Data as set out in the data processing addendum.
6.4 Data Retention. Hermitage keeps Subscriber Data for 90 days after the subscription ends. If Subscriber resubscribes within those 90 days, it resumes with its data intact. Hermitage then deletes Subscriber Data, except copies in backups, which remain protected until they expire in the ordinary backup cycle.
6.5 AI Features. Hermitage uses AI providers, listed on the Subprocessors page, to deliver features of the Platform, under terms that prohibit them from training on Subscriber Data.
7.1 Platform Ownership. The Platform, including all software, algorithms, calculators, educational content, design, and other intellectual property, is owned by Hermitage Technologies, LLC and is protected by copyright, trade secret, and other applicable laws. Nothing in this Agreement transfers any ownership interest in the Platform to you.
7.2 Subscriber Data. You retain ownership of all client data and matter data you enter into the Platform. By entering data, you grant Hermitage a limited license to process and store that data solely to provide, secure and support the Platform and as Subscriber directs, as set out in the data processing addendum.
7.3 Feedback. If you provide suggestions, feedback, or ideas regarding the Platform, you grant Hermitage a royalty-free, perpetual, irrevocable license to use that feedback without obligation to you.
7.4 Output Ownership. Reports, projections, and other Outputs generated from your client data belong to you subject to the limitations described in Section 3.
8.1 Disclaimer of Warranties. THE PLATFORM AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HERMITAGE SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. HERMITAGE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES.
8.2 Planning Estimate Disclaimer. ALL OUTPUTS ARE PLANNING ESTIMATES BASED ON STATED ASSUMPTIONS. HERMITAGE MAKES NO REPRESENTATION THAT ANY OUTPUT REFLECTS ACTUAL TAX LIABILITY, ACTUAL ESTATE VALUE, OR ACTUAL PLANNING OUTCOMES. OUTPUTS SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR ANY PLANNING DECISION WITHOUT INDEPENDENT PROFESSIONAL VERIFICATION.
8.3 Limitation of Liability.
Excluded damages. Neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused and even if advised of their possibility.
Cap. Each party’s total liability arising out of or relating to this Agreement will not exceed the greater of (a) the fees paid and payable by Subscriber for the Platform in the twelve months before the event giving rise to the liability, or (b) one thousand dollars.
Exceptions. The exclusion and cap do not apply to a party’s fraud, gross negligence or willful misconduct, or to Subscriber’s obligation to pay fees.
8.4 Essential Basis. THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND HERMITAGE. HERMITAGE WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.
By Hermitage. Hermitage will defend Subscriber against any third-party claim alleging that the Platform, as provided by Hermitage, infringes a United States patent, copyright or trademark or misappropriates a trade secret, and will pay the damages finally awarded or the amount of any settlement Hermitage approves. Hermitage has no obligation for a claim arising from Subscriber Data, from a modification not made by Hermitage, from combining the Platform with anything Hermitage did not provide, or from use in breach of this Agreement. If the Platform is, or Hermitage believes it may be, subject to such a claim, Hermitage may modify it to be non-infringing, obtain the right for Subscriber to keep using it, or end the subscription and refund prepaid fees for the unused term.
By Subscriber. Subscriber will defend Hermitage against any third-party claim arising from (a) Subscriber Data, including Subscriber’s lack of the rights or consents needed to upload it, or (b) use of the Platform by Subscriber or its users in violation of this Agreement or applicable law, and will pay the damages finally awarded or the amount of any settlement Subscriber approves. Subscriber has no obligation under this paragraph to the extent a claim arises from Hermitage’s breach of this Agreement or the data processing addendum.
Procedure. The party seeking defense must give prompt written notice of the claim, allow the other party sole control of the defense and settlement, and provide reasonable cooperation at the defending party’s expense. No settlement may impose an obligation on or admit fault by the defended party without its written consent.
10.1 Term. This Agreement begins on the date you first access the Platform and continues until terminated.
10.2 Termination by Subscriber. You may terminate this Agreement at any time by cancelling your subscription and discontinuing use of the Platform.
10.3 Termination by Hermitage. Hermitage may suspend or terminate your access immediately and without notice if you:
10.4 Effect of Termination. Upon termination, your right to access the Platform ceases immediately. Sections 3.2, 3.4, 6, 7, 8, 9, and 11 survive termination.
11.1 Governing Law. This Agreement is governed by the laws of the State of California, without regard to conflict of law principles.
11.2 Dispute Resolution. Any dispute arising out of or related to this Agreement shall be resolved by binding arbitration in San Diego County, California, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations. Class action waiver: you waive any right to participate in a class action against Hermitage.
11.3 Entire Agreement. This Agreement, the data processing addendum, the Privacy Policy and any signed agreement under Negotiated Agreements constitute the entire agreement between you and Hermitage regarding the Platform and supersede all prior agreements.
11.4 Negotiated Agreements. If Subscriber and Hermitage have signed a separate written agreement covering the Platform, that agreement governs to the extent it conflicts with this Agreement, and Subscriber’s users need not accept this Agreement separately where that agreement so provides. Fees remain payable under a negotiated agreement on the terms it states. Otherwise this Agreement governs. Terms in a purchase order or other Subscriber form do not apply.
11.5 Amendment. Hermitage may amend this Agreement upon thirty (30) days’ notice, except as provided in Charter Pricing. Continued use of the Platform after the effective date of any amendment constitutes acceptance.
11.6 Severability. If any provision of this Agreement is found unenforceable, the remaining provisions continue in full force.
11.7 Waiver. Failure to enforce any provision of this Agreement is not a waiver of the right to enforce it later.
11.8 Assignment. You may not assign this Agreement without Hermitage’s prior written consent. Hermitage may assign this Agreement in connection with a merger, acquisition, or sale of assets.
11.9 Notices. Legal notices to Hermitage should be sent to: Hermitage Technologies, LLC, 4225 Executive Square, Suite 600, La Jolla, CA 92037, Attn: Legal.
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Subscriber Agreement.