Overview
These Terms of Service (the Terms) are an agreement between Summit Fab LLC ("Summit," "we," "us") and the company that opens a Summit Fab workspace (the Customer, "you"). They govern the Summit Fab platform at https://summit-fab.com, our iOS and iPad apps, our Revit plugin, our shop machine agent, and related support (together, the Services).
Summit Fab is production-tracking software for pipe fabrication shops, and it is an early-access product — still changing, and not yet hardened by years of shop-floor use. Read Early Access and Beta and Warranties and Disclaimers carefully. How we handle personal information is covered by our Privacy Policy, part of these Terms.
Acceptance and Eligibility
These Terms are accepted when the Customer's administrator activates a license key and checks the acceptance box, and again each time anyone uses the Services. Whoever activates the license represents that they are at least 18 and authorized to bind the Customer to a contract. If you do not have that authority, do not activate a workspace.
Each person the Customer invites is an Authorized User, must be at least 16, and must be an employee or contractor acting for the Customer's business. Authorized Users are bound by these Terms through the Customer, and the Customer is responsible for their compliance.
The version each person accepted is recorded against their account, with the date and where they accepted it. The version the workspace accepted at activation is recorded with the workspace, with who accepted it and when.
Definitions
- Services — the Summit Fab web app, mobile apps, Revit plugin, machine agent, APIs, documentation and support.
- Workspace — the isolated tenant created for a Customer, holding its jobs, packages, spools, users and settings.
- Customer — the company that holds the license and controls the Workspace.
- Authorized User — anyone the Customer permits to access its Workspace: administrators, office staff and shop-floor personnel.
- Customer Data — everything the Customer or its Authorized Users submit to or generate in the Workspace: jobs, packages, spools, drawings, photos, inventory, shipping documents, imported model data, production timer records, profiles and settings.
- Feedback — suggestions, bug reports and comments about the Services you send us.
The Services
Subject to these Terms and a valid license, Summit grants the Customer a limited, non-exclusive, non-transferable, revocable right for its Authorized Users to access the Services for the Customer's internal fabrication business. The Services currently include:
- Web application — jobs, packages, spools, drawings, review and pre-nesting, material check-in, cut, fit-up, weld and QC tracking, package and job health, inventory, shipping and receiving, calendar and reporting.
- iOS and iPad apps — shop-floor production tracking against the same Workspace over an authenticated API.
- Revit plugin — imports package and spool data from Revit into the Workspace using a plugin license seat.
- Summit Control Box / machine agent — connects shop equipment such as a TigerStop to the Workspace for job commands and status.
- Model Viewer — optional module that displays models through Autodesk Platform Services using the Customer's own linked Autodesk account.
We may add, change or remove features, but we will not materially reduce the core production-tracking functionality without notice to workspace administrators.
Early Access and Beta
The Services are provided on an early-access basis, AS AVAILABLE. Plainly:
- Features may be added, changed or removed, sometimes with little notice.
- There is no uptime commitment, service level agreement or downtime credit. Maintenance may happen during business hours.
- Bugs, data errors and interruptions are possible, and data could be lost or corrupted by a defect, a migration or an operational mistake.
- Keep your own records. Do not rely on the Services as the only copy of anything you cannot afford to lose — drawings, certifications, inspection records, or anything needed for a contract or code compliance file.
Feedback. If you send us Feedback, you grant Summit a perpetual, irrevocable, worldwide, royalty-free license to use it to improve the Services, with no obligation to you and no confidentiality attaching. You do not have to send Feedback; if it contains something confidential, do not send it.
Accounts and Security
The Customer's administrators create, configure and remove accounts and assign roles. The Customer is responsible for:
- Keeping credentials confidential and issuing individual accounts rather than shared sign-ins. We strongly discourage shared shop-floor logins — production timers, weld records and QC entries only mean anything if they identify the person who actually did the work, and a shared login makes your own production data unreliable.
- Enabling two-factor authentication. Administrators can require it for accounts in the Workspace; we recommend it for every account with administrative access.
- Registering and de-registering devices — phones, tablets, plugin seats and machine agents — as people and equipment come and go, and promptly removing access for anyone who leaves or changes roles.
- All activity under its Workspace, whether or not the Customer authorized it.
Tell us at landenowens@summit-fab.com as soon as you learn of unauthorized access, a credential compromise or suspicious activity. We may force a password reset, revoke tokens or suspend a device if we reasonably believe an account is compromised.
Licenses and Seats
A license key activates a Workspace and, where applicable, entitles the Customer to a stated number of Authorized Users and plugin seats. Revit plugin seats are bound to a registered device; moving a seat to another machine requires re-registration, which an administrator can do from the Workspace.
The Customer must not share, sublicense, resell, publish or transfer a license key, API token, device PIN or machine-agent credential to anyone outside its organization. Each Authorized User account is for one individual.
We may suspend or revoke a key, seat or device registration if we reasonably determine it is being shared, used beyond its entitlement, used to abuse the Services, or — once billing exists — left unpaid after notice and a reasonable chance to cure. Where practical we will contact an administrator first, unless immediate action is needed to protect the Services or other customers.
Customer Data
As between the parties, the Customer owns all Customer Data. Nothing here transfers ownership of your drawings, models, job records or production history to Summit.
The Customer grants Summit a limited, non-exclusive, worldwide license to host, store, copy, transmit, display, back up and process Customer Data solely to provide, secure, support and troubleshoot the Services for that Customer, and as the Customer otherwise instructs. It lasts only as long as we hold the data.
The Customer represents that it has the rights to submit its Customer Data — including drawings, models and documents received from owners, engineers or general contractors — and that submitting it does not breach a confidentiality or licensing obligation the Customer owes someone else.
Employee data. Summit Fab records which Authorized User worked which production stage and for how long — employee productivity data. The Customer is responsible for having a lawful basis to collect it and for telling its Authorized Users that the company uses Summit Fab and tracks production activity through it. See the Privacy Policy.
Export. The Customer may export Customer Data through the Services where an export exists, and may request one from us in a reasonable machine-readable format during the term and for 30 days after it ends.
Aggregated statistics — stated plainly. Summit may compute aggregated, de-identified statistics from use of the Services — typical cycle times per stage, how often packages slip past a due date, how a health-scoring rule performs across many shops — and use them to improve the Services and describe the product generally. Those statistics are stripped of anything identifying a Customer, an Authorized User, a job, a project or one of your customers. We will not publish your shop's numbers as yours, will not build a report about you for anyone else, and will not present de-identified data in a form that could reasonably be re-identified as you.
Acceptable Use
You and your Authorized Users must not:
- Access or try to access another customer's Workspace, data, files or API endpoints, or probe, scan or test the security of the Services without our prior written permission.
- Scrape, crawl or bulk-extract data by automated means other than our documented APIs with valid credentials.
- Reverse engineer, decompile, disassemble or try to derive the source code, protocols or license-enforcement logic of the Revit plugin, machine agent, mobile apps or any server component, except where that restriction is unenforceable by law.
- Upload or transmit malware, or interfere with, overload or disrupt the Services or the equipment they connect to.
- Use the Services to develop, train or benchmark a competing fabrication-management product, or give access to anyone doing so.
- Remove proprietary notices, use Summit's marks without permission, use the Services in violation of any law or export control, or store unlawful content.
- Connect the machine agent to equipment in a way that bypasses the manufacturer's safety systems or operating limits.
We may investigate suspected violations and suspend access where necessary to protect the Services, other customers or the public.
Third-Party Services
The Services connect to third-party products. Your use of them is governed by their own terms and privacy policies, and Summit is not responsible for their availability, accuracy or behavior.
- Autodesk Platform Services — powers the optional Model Viewer using the Customer's own Autodesk account and entitlements. Maintaining that account and complying with Autodesk's terms is the Customer's responsibility.
- Microsoft 365 / Microsoft Graph — delivers our transactional email. Delivery depends on Microsoft and on your own mail filtering; we cannot guarantee a message arrives.
- Apple App Store — distributes our iOS and iPad apps. Apple's terms govern the download, and Apple is not a party to these Terms.
If a third-party service changes or becomes unavailable, the dependent feature may change or stop working; that alone is not a breach by Summit.
Fees and Payment
There are no fees during early access, and we collect no payment card information. Free access now is not a promise of permanent free access.
Before charging a Customer, we will give workspace administrators at least 30 days' advance notice describing the plan and price, and the Customer must affirmatively agree. If it does not, access may end at the close of the notice period and the export and deletion process in Term, Suspension and Termination applies. You will never be charged automatically for a period you did not agree to.
If fees begin, they exclude sales, use and similar taxes, which the Customer owes except for taxes on Summit's income.
Intellectual Property
Summit and its licensors own all right, title and interest in the Services — software, interfaces, designs, documentation, APIs and all improvements. These Terms grant a right to use the Services, not any ownership interest. The Customer owns its Customer Data as described in Customer Data, and improvements we make from Feedback or from operating the Services belong to Summit.
No licenses are granted by implication or estoppel. "Summit Fab" and our logo are our marks; you may state factually that you use Summit Fab, but not in a way that suggests endorsement or partnership without written permission.
Confidentiality
Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential — your job, pricing and customer information; our non-public product and security details. Each will use it only to perform under these Terms, protect it with at least reasonable care, and limit access to people who need it and are bound to similar obligations.
This does not apply to information that is or becomes public without breach, was already known, is independently developed, or is rightfully received from a third party. Either party may disclose where legally compelled, after notice to the other where legally permitted.
Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMIT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DATA WILL NOT BE LOST.
Fabrication-specific disclaimer — read this one
Summit Fab tracks and reports on work. It does not perform it, verify it or approve it.
- The Services are not a substitute for engineering judgment, code compliance, weld procedure qualification, weld inspection, NDE, or QC sign-off by qualified people.
- Package health scores, due-date risk indicators, progress percentages, analytics and stage completion flags are informational management aids that reflect what was entered into the system. They are not certifications that work was performed correctly, completely, or to any code or specification.
- Dimensional, material and spool data derived from uploaded drawings, imported Revit models or machine agents may be incomplete or wrong. Verify against the controlling drawing, specification and issued-for-construction documents before cutting, fitting, welding or shipping anything.
- The Customer remains solely responsible for its fabrication work, quality program, documentation, safety practices, and obligations to its own customers and to any authority having jurisdiction.
Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, REWORK, SCRAP, SCHEDULE DELAY, LIQUIDATED DAMAGES OWED TO A THIRD PARTY, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
SUMMIT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS THE CUSTOMER ACTUALLY PAID SUMMIT FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). During early access, when no fees are paid, that cap is $100.
These limits do not apply to a party's gross negligence or willful misconduct, to the Customer's payment or indemnity obligations, or to liability that cannot be limited under applicable law. The parties agree they are a reasonable allocation of risk for software provided on an early-access basis, at no charge, as a management aid rather than a control on the work itself.
Indemnification
The Customer will defend, indemnify and hold harmless Summit and its officers, employees and contractors from third-party claims, damages, losses and reasonable costs (including attorneys' fees) arising out of (a) Customer Data, including a claim that it infringes someone's rights or was submitted without the necessary rights or consents; (b) the Customer's or an Authorized User's breach of these Terms, including Acceptable Use; (c) the Customer's fabrication work, quality decisions or obligations to its own customers; or (d) an Authorized User's claim about the Customer's collection or use of production or employment records.
We will notify you promptly of a claim, give you control of the defense (subject to our approval of any settlement affecting us), and cooperate reasonably at your expense.
Term, Suspension and Termination
These Terms start when the Customer activates a license and run until terminated. Either party may terminate for convenience on 30 days' written notice, or immediately for a material breach the other fails to cure within 15 days of notice.
We may suspend access, in whole or in part and without that notice period, where we reasonably believe it is necessary to stop a security threat, a violation of Acceptable Use, license misuse, or harm to other customers. We restore access once the cause is resolved and tell a workspace administrator what happened.
On termination: Authorized User access ends; the Customer has 30 days to export Customer Data (we will help if an export is not self-service); and Summit deletes Customer Data within 90 days of the Customer's written request, subject to backups rolling off normally and records we must keep by law. Provisions that should survive by their nature — data ownership, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law and general terms — survive.
Governing Law and Disputes
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before filing anything, the complaining party sends a written description of the dispute to the other — to Summit at landenowens@summit-fab.com — and both try in good faith to resolve it for 30 days. Most software disputes are misunderstandings and this step usually settles them.
If it does not, the state and federal courts in Michigan have exclusive jurisdiction and both parties consent to venue there. Either party may instead bring an individual claim in small-claims court, and either may seek injunctive relief in any court to protect its intellectual property or confidential information.
We do not require arbitration and we do not ask you to waive class actions. We would rather keep this simple and fair than win on a procedural term.
Changes to These Terms
We may update these Terms as the product develops. We will post the updated version with a new effective date and version number and notify workspace administrators by email or in the app. Material changes take effect 30 days after notice; clarifying changes take effect when posted.
Continuing to use the Services after a change takes effect means the Customer accepts the updated Terms. A Customer that does not accept a material change may terminate before it takes effect and use the export and deletion process in Term, Suspension and Termination.
General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement about the Services and replace earlier proposals. Terms printed on a Customer purchase order have no effect.
- Assignment. Neither party may assign these Terms without the other's written consent, except in full to a successor in a merger, acquisition or sale of substantially all assets, with notice.
- Severability. An unenforceable provision is narrowed to the minimum extent needed, or severed; the rest stays in effect.
- No waiver. Not enforcing a provision once does not waive it later.
- Force majeure. Neither party is liable for delay caused by events beyond its reasonable control, including hosting or third-party outages, network failures, natural disasters, labor disputes and government action. This does not excuse payment obligations.
- Notices. Notices to Summit go to landenowens@summit-fab.com. Notices to the Customer go to its workspace administrators by email or in-app notice and are effective when sent.
- Independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship.
- Export compliance. The Customer will comply with United States export control and sanctions laws and will not permit access from an embargoed country or by a restricted party.
Contact Us
Questions, requests or complaints about this document:
- Summit Fab LLC
- Email: landenowens@summit-fab.com
- Web: https://summit-fab.com
See also our Privacy Policy and Terms of Service.