Terms of Service

1. About these terms

These terms are an agreement between Summit Hub Limited, a New Zealand company ("Summit Hub", "we", "us"), and the business that holds a Summit Hub account ("you"). They cover your business's use of the Summit Hub service: the web application, the client portal you make available to your own clients, and the emails and documents the service produces.

You accept these terms when you tick the box at sign-up. If we update them, you accept the new version when we ask you to at sign-in (clause 18). If you accept on behalf of a company or another entity, you confirm you have authority to bind it.

Summit Hub is a business tool. You confirm that you are acquiring and using it in trade, for business purposes, and not as a consumer.

2. What Summit Hub is, and what it is not

Summit Hub is software for running a construction business: a sales pipeline, estimating and quoting, cost tracking, scheduling, document e-signing, a client portal, an AI assistant, and connections to systems such as HubSpot, Xero and Buildxact.

Summit Hub organises and displays your business information. It is not an accounting system, and nothing it shows or produces is financial, tax, legal or professional advice. Decisions you make from what Summit Hub shows you, including what you quote, what you invoice and what you pay, are your own. If a decision matters, check the underlying records and take your own advice.

3. Your account and the people you let in

Sign-in works by a personal link emailed to you — each link is single-use and expires — and by password where that option is enabled. Two-factor authentication is available on every plan, and we recommend turning it on. Keep the email account you sign in with secure, and tell us straight away if you think an account has been compromised.

You decide who has access: staff you invite, field workers, and clients you give portal access to. You are responsible for those access decisions, for removing access when someone leaves, and for what your own team does in the service. Information you enter about other people, and what you choose to show them, is your responsibility (clauses 7 and 11).

4. Subscriptions, fees and GST

Paid plans are billed monthly, or for another period we agree with you, by card through Stripe, in New Zealand dollars, at the prices shown on our pricing page when you subscribe. Unless we say otherwise where a price is shown, prices include GST. You can change plans at any time; the difference is prorated automatically.

Where a free trial is offered, you are not charged until the trial ends, and you can cancel before then and pay nothing. You can cancel your plan at any time from Settings → Billing: your plan runs to the end of the paid period and does not renew. We do not refund the remainder of a billing period, except where the law gives you the right to one.

We can change our prices. We will give you at least 30 days' notice by email, and the new price applies from your first billing period that begins after the notice period ends. If you do not want to pay the new price, cancel before then.

If a payment fails, we will let you know and retry. If it stays unpaid, we may suspend your account after giving you at least five working days' notice, and close it if it is still unpaid 30 days after suspension.

5. Information synced from other systems

Much of what Summit Hub shows you is a copy of information held in systems you connect, such as HubSpot, Xero and Buildxact. Summit Hub refreshes those copies periodically. What you see can lag behind the source system, can be incomplete, and can occasionally fail to sync.

The connected system is the authoritative record, not Summit Hub. Before you rely on a figure for something that matters, such as invoicing, tax, or a payment decision, check it in the source system. We do not promise that any figure or record shown in Summit Hub is current, complete or correct.

6. Third-party services you connect

Your HubSpot, Xero, Buildxact and other third-party accounts are governed by your own agreements with those providers, and you need your own valid subscription with each of them. When you connect one to Summit Hub, you authorise us to access and process that data on your behalf to provide the service.

We do not control those providers. We are not responsible for their availability, their pricing, their handling of your data, or changes they make to their services. If a provider changes or withdraws an interface we rely on, the connected features may stop working until we can adapt, and that is not a breach of these terms by us.

7. The client portal and your clients

The client portal shows your clients information you choose to share: project updates, photos, documents, and financial summaries where you turn those on. You control those settings, and you are responsible for reviewing what a client will see before you share it.

Your relationship with your client stays between you and them. The building contract, your obligations under the Construction Contracts Act 2002 and the Building Act 2004, payment claims, invoices and guarantees are all yours, and Summit Hub is not a party to any of them. Figures shown in the portal are summaries for keeping your client informed; they are not invoices and they are not payment claims under the Construction Contracts Act 2002.

8. Electronic signatures

Summit Hub lets you send quotes and agreements for electronic signature and keeps a record of each signing, relying on the electronic transactions provisions of the Contract and Commercial Law Act 2017. You are responsible for the content of every document you send for signing, and for satisfying yourself that an electronic signature is appropriate and legally effective for that kind of document. We provide the signing mechanism and the evidence trail; we do not guarantee that a signed document is valid or enforceable.

9. The AI assistant

Summit Hub includes an AI assistant that answers questions from your business information and can make changes you ask it to. To generate a reply, your messages, any attachments you add, and the information needed to answer are processed by our AI provider (currently Anthropic).

The assistant can be wrong. Its answers are generated, not checked, and like the rest of the service they are not financial, tax, legal or professional advice — verify anything that matters against the underlying records (clause 5). A change the assistant makes on your instruction is your change once you approve it, the same as if you had made it by hand.

10. Your content and your data

"Your Content" means everything your business puts into Summit Hub or syncs into it — data, documents, photos, videos, portal responses and signatures — whether entered by you, your team, or the clients you give portal access to. As between you and us, Your Content stays yours; who owns a particular document as between you and your client is a matter for the two of you.

You give us a licence to host, copy, process, display and transmit Your Content as needed to run the service, including passing it to the systems you connect and to the service providers we use to operate Summit Hub, such as hosting, email, payment and AI processing (clause 9).

We back the service up regularly, but backups are for restoring the service, not an archive for you. Keep your own copies of documents you cannot afford to lose, such as signed contracts.

If your account closes, Your Content is kept for at least 30 days before it can be permanently deleted, and during that time you can ask us for a copy of your documents and key records. Once content is permanently deleted it cannot be recovered.

11. Privacy and personal information

The Privacy Act 2020 applies to personal information in Summit Hub, and there are two kinds. Information about you and your team, which we collect to run your account, is held by us. Personal information about your clients and contacts, which you enter or sync into Summit Hub, is information you hold as a business: we store and process it on your behalf, and use it only to provide the service to you.

You are responsible for collecting and using your clients' personal information lawfully, and for answering their requests to see or correct it. We have our own obligations under the Privacy Act 2020 for the information we hold about you, including notifying serious breaches. If we become aware of a privacy breach affecting Your Content, we will tell you as soon as practicable after we confirm it, with the information you need to meet your own obligations. Our privacy policy explains how we handle personal information in more detail. Requests about information we hold about you can go to the contact address in clause 22.

12. Acceptable use

Use Summit Hub lawfully and for running your own business. You must not attempt to break or probe the service's security, access another business's data, upload malware, bulk-extract data that is not yours, resell access to the service, or use it to send unsolicited messages in breach of the Unsolicited Electronic Messages Act 2007. We may remove content or suspend access where we reasonably believe the service or other customers are at risk.

13. Intellectual property

We own the Summit Hub software and everything we create as part of the service, including its design and documentation. You may not copy, modify or reverse engineer it except where the law allows. You own Your Content (clause 10). If you give us feedback or suggestions, we can use them without obligation to you.

14. Availability, support and changes

We work to keep Summit Hub available and fast, but we do not promise it will be uninterrupted or error-free. We may take the service down briefly for maintenance, and we try to do that outside normal working hours. Support is by email, at the level described for your plan on the pricing page.

The service will change over time: we add, improve and occasionally remove features. Some features are enabled for particular accounts as previews or early access; those may change or be withdrawn at any time. If we remove a feature material to how you use Summit Hub, or move it to a higher plan, we will tell you before it happens, and if you do not want to continue your remedy is to cancel under clause 4.

15. Suspension and closing your account

You can close your account from Settings → Billing where that option is enabled for your business, or by contacting us. Closing it cancels your subscription immediately and switches off access for everyone on your account, and the remainder of the billing period is not refunded, except where the law gives you the right to one. If you want access through to the end of what you have paid for, cancel under clause 4 instead of closing.

We can suspend or close your account if you materially breach these terms. Where the breach can be put right, we will give you notice and a reasonable chance to fix it first. We can suspend immediately, without notice, only where we reasonably believe there is a security threat, unlawful use, or serious risk to the service or other customers. Nonpayment follows the notice steps in clause 4.

When an account closes, clause 10 governs what happens to Your Content. Clauses that by their nature should survive, including clauses 10, 11, 13, 16, 17 and 20, continue after the account closes.

16. Our liability to you

To the extent the law allows, the service is provided as-is, and we exclude all warranties, conditions and guarantees not expressly set out in these terms.

To the extent the law allows, our total aggregate liability to you in connection with the service, in contract, tort or otherwise, is capped at the greater of the fees you paid us in the 12 months before the event giving rise to the claim, and NZD 100. We are not liable for loss of profits, revenue, business, goodwill or data, or for indirect or consequential loss, however it arises — except that this exclusion of data loss does not cover a failure to keep the backups described in clause 10. You are responsible for decisions made in reliance on information shown by the service (clauses 2, 5 and 9).

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited.

17. Business use and consumer laws

You are acquiring the service in trade for business purposes. You and we agree that the Consumer Guarantees Act 1993 does not apply to the service, as section 43(2) of that Act allows, and that it is fair and reasonable to contract out of it. You and we also agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 to the extent section 5D of that Act permits.

If you are in fact using the service other than in trade, these exclusions do not apply to the extent the law does not permit them.

18. Changes to these terms

We can update these terms. The current version, with its date, is always at summithub.co.nz/terms. If we make a material change, we may ask you to read and accept the updated terms the next time you sign in; if we ask, you need to accept them to keep using Summit Hub. If you do not want to accept them, you can cancel your plan instead (clause 4).

19. Events beyond our control

We are not responsible for a failure or delay in the service caused by events beyond our reasonable control, including failures of hosting, network or other infrastructure providers, denial-of-service and similar attacks, and outages of the connected services in clause 6. When this happens we will do what we reasonably can to restore the service.

20. Disputes and governing law

New Zealand law governs these terms, and the New Zealand courts have non-exclusive jurisdiction. If there is a dispute, we each agree to try to resolve it directly first: either of us can give the other written notice of a dispute, and for 20 working days after that notice we will both make a genuine effort to settle it before starting any proceeding. Nothing stops either of us seeking urgent relief from a court, or using the Disputes Tribunal where its limits fit.

21. General

These terms, together with the plan descriptions and prices published on our pricing page, are the whole agreement between us about the service — nothing in this clause excludes our published descriptions of what the service does. If part of these terms turns out to be unenforceable, the rest still stands. A delay in enforcing a right is not a waiver of it. You need our written consent to transfer this agreement; we may transfer it to a related company or as part of a sale of our business, and we will tell you if we do. Notices from us come by email to the owner address on your account; notices to us go to the address in clause 22.

22. Contact

Summit Hub Limited
[email protected]