1. Introduction
   Please read these Terms and Conditions ("Terms") and the description of services and solutions on our Website (collectively, this “Agreement”) carefully. This Agreement is between you and Summit AI Limited ("Summit AI", "Summit", "we", "us", or "our") and governs your access to and use of our Services and Software. You may enter into this Agreement on behalf of yourself or on behalf of a legal entity. If you enter into this Agreement on behalf of a legal entity, you represent that you are a duly authorized representative with the authority to bind that legal entity to this Agreement. All references to “Customer,” “you” and “your” in this Agreement mean the person accepting this Agreement as an individual or the legal entity for which the representative is acting. By accessing or using our services, you agree to comply with these Terms.

   
   

2. Service Description
   Summit provides AI-powered phone answering services to healthcare clinics ("Service"). Our Service automates administrative functions such as inbound phone call handling, transcription of conversations, appointment scheduling, rescheduling and cancelling. The Service does not provide medical advice, diagnoses, or treatment. The Service will commence on the earlier of:
   
   

   (i) the date your trial of the Service begins, or

   (ii) the date your payment is processed for the Service.
   
   From that date onwards, all rights and responsibilities described in these Terms will apply.
   
   

3. Access to the Service
   
   

   3.1 Account setup
   
   To use the Service, our customers must create an account and provide certain information. You agree that all information provided during registration is accurate and up to date. We will provide you with:

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   (i) A username and password to access the Service; and

   (ii) Support to help you use the Service, as described on our website.

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   3.2 Account security
   
   

   You are entirely responsible for maintaining the security of your username and password, and you agree not to disclose or make your username or password accessible to any third party.

   
   

4. Data Processing and Privacy
   Summit acts strictly as a data processor for our customers, which remain the data controllers for all patient information. Summit processes data only according to our customer's instructions and does not independently determine the purposes or means of processing patient data.
   
   

   4.1 Purpose and Scope
   
   Summit is committed to protecting the privacy of all individuals who interact with our services. This section explains how we collect, use, disclose, and safeguard personal data in connection with the Service. This applies to all individuals whose data we process, including:

   • Customers: Healthcare clinics and their staff who subscribe to and use our Service

   • End Users: Callers who use the Service and interact with our AI receptionist

   • Website Visitors: Individuals visiting our website at www.usesummitai.com

   • Business Partners: Third party vendors and partners involved with our Service

   
   4.2 Legal Basis for Processing
   
   We process data based on:

   • Consent: Clear consent given by individuals, which can be withdrawn at any time

   • Contractual Necessity: To fulfil service agreements with our customers

   • Legitimate Interests: To enhance our services and maintain operational efficiency, balanced with respect for privacy rights

     
     

   By using our Service, Customers explicitly provide legal consent for Summit to collect, process, store, and manage data as necessary to deliver our Service. This includes:

   • Phone call recordings and transcripts

   • Patient personal information shared during phone conversations

   • Scheduling and appointment data

   • Any other data processed through our Service

   
   4.3 How We Use Personal Data
   
   Personal data is used to:

   • Operate and improve the Service, including call management and appointment scheduling

   • Provide customer support and respond to inquiries

   • Comply with legal and regulatory obligations in New Zealand and Australia

   • Send marketing communications with consent

   
   4.4 Data Sharing and Transfers
   
   Personal data is accessed only by authorised Summit personnel and shared with trusted third-party service providers necessary for service delivery, including telephony, transcript storage, workflow automation, and payment processing platforms. We ensure appropriate safeguards for any cross-border data transfers.
   
   We maintain a strict vendor security assessment program to ensure all third parties meet our security standards. Vendors undergo security reviews aligned with the sensitivity of the data they access. Vendors are required to hold recognized compliance certifications (e.g. SOC 2 or ISO 27001). We monitor our vendor relationships through quarterly reassessments and maintain detailed documentation of all third-party data flows.

   
   4.5 Data Retention

   
   We retain personal data only for as long as necessary to provide the Service, comply with legal obligations, or resolve disputes. Specific retention periods and data deletion policies are detailed in our Privacy Policy.

   
   

5. Intellectual Property
   Summit retains all intellectual property rights in the Service and associated technology. Customers retain ownership of their input data and grant Summit a limited license to use it solely to provide and improve the Service.

   
   

6. Permitted Use
   Summit may access, import, use, store, transmit, review, share, display, transcribe, and process customer content: (i) in accordance with this Agreement and as required to perform our obligations under this Agreement; (ii) in accordance with our Privacy Policy; (iii) as authorized or instructed by you; (iv) as permitted or required by Law; (v) for trust and safety purposes, including monitoring and enforcing our acceptable use guidelines; or (vi) to protect the rights, property, or security of Summit, its end users, customers, or the public, including systems and networks.

   
   You agree to use the Service lawfully and responsibly. Prohibited uses include:

   • Violating any laws or regulations

   • Attempting to interfere with the Service’s security or functionality

   • Reverse engineering or extracting underlying technology

   • Using the Service for any purpose that harms patients, users, or third parties

   • To transmit any material that is defamatory, offensive, or otherwise objectionable

   • To collect or track personal information of others

   
   

7. Limitation of Liability
   Read this section carefully as it limits our liability to you. 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, or non-infringement.
   
   Summit will not be liable for any:

   • Special, incidental, indirect, consequential, exemplary, or punitive damages;

   • Loss of business profits, business interruption, loss of business information, loss of business opportunity;

   • Unauthorized access to, loss of, deletion of, or alteration of system data, customer content, or customer data;

   • Costs related to the procurement of substitute goods or services;

   • Termination, suspension, discontinuance, or disconnection of the services;

   • A failure of your internet services, downtime, or maintenance;

   • Our failure to provide technical or other support services; or

   • Damages, in the aggregate for all claims arising out of or related to this agreement, exceeding the amount actually paid by you for the services (if any) in the twelve (12) months preceding the event or circumstances giving rise to such claims.

   
   These exclusion of damages and limitations on available damages apply to all claims, obligations, and liabilities arising out of or related to this agreement, and whether arising in tort (including negligence or strict liability), statute, contract, or any other legal theory, even if Summit has been advised of the possibility that such damages may be incurred by you and even if your remedies fail of their essential purpose.

   
   

8. Indemnification
   To the extent not prohibited by applicable Law, you agree to indemnify, defend, and hold Summit harmless, including any officers, directors, employees, shareholders, members, consultants, from any third party allegation, claim, proceeding, liability, damage, or cost arising out of or related to (i) your or your End User’s use of the Service, (ii) your or your End User’s breach of this Agreement or violation of applicable Law, (iii) your or your End User’s infringement or violation of any Proprietary Rights or other right of any person or entity, (iv) your relationship with your End User or any dispute between you and your End User, or (v) a personal injury or property damage to a third party relating to your or your End User’s actions.

   
   

9. Termination and Data Export
   Summit may suspend or terminate your access at any time for breach of these Terms or legal requirements. You may stop using the Service at any time. Upon termination, you may request your data within 30 days; thereafter, data will be deleted in line with our Privacy Policy.
   
   Upon termination of your account subscription:

   • You may request a data export within 30 days of termination

   • After the 30 day period, Summit will erase your data in conjunction with our data retention policies as described in our Privacy Policy.

   
   

10. Governing Law
    The laws of New Zealand, regardless of conflict of laws principles, govern all matters arising out of or relating to this Agreement, including its interpretation, construction, performance, and enforcement. The parties consent to the exclusive jurisdiction and venue of the courts of New Zealand. If you are acting as a consumer under this Agreement and are domiciled in a Member State of the European Union or the European Economic Area, or in the United Kingdom, the foregoing choice of governing law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the Laws applicable to you where you habitually reside.

    
    

11. Contact Us
    If you have any questions about these Terms, please contact Summit at:

    • Email: contact@usesummitai.com

    • Website: www.usesummitai.com

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.