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.
   
   2.1 Medical Emergency & Triage Disclaimer
   
   The Service is strictly an administrative and communication tool designed for scheduling, basic inquiries, and routine front-desk reception. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, TRIAGE, OR EMERGENCY RESPONSE SERVICES. The Service is not equipped, designed, or intended to handle urgent medical conditions, mental health crises, or life-threatening emergencies.
   
   Customer agrees to configure appropriate call-routing disclosures directing callers with medical emergencies to immediately contact local emergency services (e.g., 000 in Australia, 111 in New Zealand, or 999 in the United Kingdom) or visit the nearest hospital emergency department. Summit shall have no liability whatsoever for any personal injury, death, or adverse health outcomes resulting from an emergency call routed through or handled by the Service.
   
   

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.

   
   3.3 Clinic Warranties & Call Recording Consent
   
   

   Customer explicitly acknowledges and agrees that it acts as the Data Controller under applicable privacy laws (including the Australian Privacy Principles, New Zealand Privacy Act 2020, and GDPR). Customer warrants and represents that:
   
   

   (a) It has provided all necessary privacy notices and obtained all required consents from End Users (patients and callers) to permit Summit to record, transcribe, process, and analyze call audio and text streams in accordance with this Agreement;

   (b) It will comply with all national, state, and local laws regarding call recording, wiretapping, and caller notification (e.g., maintaining automated pre-call recording disclosures where required by law); and

   (c) It is solely responsible for verifying the accuracy of appointment bookings, practitioner schedules, and patient triaging rules configured within the Service.

   
   

4. Data Processing and Privacy
   Summit operates strictly as a Data Processor on behalf of Customer, which remains the Data Controller for all patient and health information processed through the Service. Summit processes personal data solely in accordance with Customer’s documented instructions, this Agreement, and our Privacy Policy.
   
   4.1 Integration of Privacy Policy & DPA
   
   Our Privacy Policy (available at www.usesummitai.com/privacy-policy) is hereby incorporated into and forms an integral part of this Agreement. By accessing or using the Service, Customer acknowledges and agrees to the data collection, cross-border transfer mechanisms, data retention lifecycles, and sub-processor utilization practices detailed in our Privacy Policy and Trust Centre.
   
   

   4.2 Scope of Processing & Authorization
   
   Customer explicitly authorizes Summit to collect, process, transcribe, store, and transmit data solely as necessary to deliver, maintain, and secure the Service. This includes:

   • Inbound and outbound phone call audio streams and transcripts;

   • Patient personal details and contact information disclosed during interactions;

   • Scheduling, appointment, and practitioner availability data; and

   • Technical system metrics and integration activity logs.

   
   4.3 Sub-Processors & Vendor Security
   
   Customer grants Summit general authorization to engage third-party sub-processors (including cloud hosting, telephony networks, workflow orchestrators, and AI reasoning API providers) to perform the Service. Summit maintains a Third-Party Risk Management framework to ensure all sub-processors uphold security, privacy, and confidentiality standards aligned with applicable laws (including APP, NZPP, and GDPR). A current list of sub-processors is available in our Trust Centre.

   
   

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.

   
   5.1 AI Technology Limitations & Output Verification

   
   Customer acknowledges that the Service relies on complex Artificial Intelligence (AI) and Machine Learning models. While Summit implements rigorous safeguards to ensure service reliability, Customer understands that non-deterministic AI systems may occasionally produce inaccurate, incomplete, or delayed outputs (commonly referred to as "hallucination" or transcription variance).

   
   Customer agrees to monitor its administrative workflows and Practice Management System (PMS) integrations. Summit makes no warranty that AI call processing will be 100% error-free, and Customer retains sole operational responsibility for verifying critical patient schedules and clinical administrative records.
   
   

   
   

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.