End-user license agreement

This agreement is between Summit Salon Business Center, LLC, 4802 Gunn Highway, Suite 144, Tampa, Florida 33624 (“Summit”) and the salon whose workspace you use (the “Salon”), together with you as the person signing in. If you sign in for a Salon, you confirm that you are its owner or that its owner has authorised you to accept these terms on its behalf. “You” means both you and the Salon unless a sentence says otherwise.

Clarity is the workspace in which Summit’s coaches, bookkeepers and program office read a salon’s financial statements, record coaching visits, plan budgets and prices, and track a team’s progress, and in which the salon’s owner and staff see the parts of that work meant for them. It is provided as part of a coaching engagement with Summit, not as a separate product. There is no charge for Clarity itself; the fees for coaching are set in your coaching agreement.

Clarity is for business use by people aged 18 or over. A seat is personal: keep your sign-in email current, do not share a sign-in code, and tell your coach at once if you think someone else has used your seat. The Salon’s owner decides who at the Salon has a seat and what they see, and is responsible for what those people do in Clarity. You are responsible for the accuracy of what you and your team enter or upload.

Summit grants you a limited, non-exclusive, non-transferable licence to use Clarity for the Salon’s own business, for as long as the Salon is coached by Summit and these terms are kept. Clarity, its design, its chart of accounts, its benchmarks and its coaching methods are Summit’s and remain so. You agree not to:

• copy, resell, sublicense or share access to Clarity with anyone outside the Salon;
• reverse-engineer Clarity, probe its security, or try to reach another salon’s records;
• use automated tools to collect data from Clarity or to load it beyond ordinary use;
• upload anything you do not have the right to share, anything unlawful, or anything designed to harm a system;
• use Summit’s benchmarks or methods to build a competing service.

It stays yours. The Salon owns its financial statements, exports, documents and records (“Salon Data”). You give Summit a licence to host, process, display and back up Salon Data so that it can coach you, and to derive from it anonymous statistics that contain nothing identifying the Salon, which Summit may keep and use after the engagement ends.

You have the right to share it. You confirm that you may give Summit the Salon Data you provide, including information about your staff, and that doing so breaks no law and no agreement with anyone else.

How Summit handles it is set out in the privacy policy, which is part of this agreement. Your coach and Summit’s staff treat Salon Data as confidential and read it only to coach you.

Getting it back. While the engagement runs you can export your statements and reports from Clarity at any time. After it ends, Summit will provide a copy of the Salon Data on request within the retention period in the privacy policy, and then delete it as that policy says.

You may connect a third-party account such as QuickBooks Online to Clarity. When you do:

• you authorise Summit to read from that account within the permission you grant, and you confirm you are entitled to grant it;
• your use of that account stays subject to its provider’s own terms (for QuickBooks, Intuit’s terms of service), and the provider, not Summit, is responsible for that service;
• you can disconnect it at any time, in Clarity or with the provider, and Summit will revoke its access when you do;
• Summit is not responsible for a figure that is wrong because it was wrong in the connected account, though your coach will help you find it.

Clarity organises your figures and Summit’s coaches help you act on them. Neither is accounting, tax, legal, investment or payroll advice, and neither replaces your accountant, your attorney or your own judgement. Some suggestions in Clarity, such as which account a statement line belongs to or an answer from its assistant, are produced with the help of automated systems and can be wrong; your coach reviews statements before they land, and you should confirm any figure you rely on for a filing, a loan or a legal matter with a qualified professional.

Summit works to keep Clarity available, but does not promise uninterrupted service and may take it down for maintenance or for reasons outside its control. Summit may add, change or remove features, and will tell you in advance when a change removes something you rely on. Summit may update these terms; a change that matters to you will be emailed to the Salon’s owner before it takes effect, and continuing to use Clarity after that date accepts it.

The Salon may stop using Clarity at any time by telling its coach. Summit may suspend or end a seat or a workspace if these terms are broken, if the coaching engagement ends, or if the law requires it, and will say why unless the law prevents it. When the agreement ends, your licence ends, access is closed, and Salon Data is returned and deleted as section 3 and the privacy policy say. section 3, section 5, section 8, section 9 and section 10 continue after the agreement ends.

Clarity is provided as it is and as it is available. To the extent the law allows, Summit makes no warranty that Clarity is error-free, that a figure in it is correct, or that it fits a particular purpose, and disclaims every implied warranty.

To the extent the law allows, Summit is not liable for indirect, incidental, special or consequential loss, or for lost profits, revenue or data, arising from Clarity, however caused. Summit’s total liability arising from Clarity in any twelve-month period is limited to the coaching fees the Salon paid Summit in that period. Nothing here limits liability that cannot be limited by law.

You agree to cover Summit against claims by third parties that arise from Salon Data you provided, from a connected account you authorised, or from a breach of these terms by you or your team.

This agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Before either side starts a legal claim, the two will try for 30 days to resolve the matter through your coach and Summit’s program office. A claim that remains goes to the state or federal courts in Hillsborough County, Florida, and each side agrees to their jurisdiction.

• This agreement, the privacy policy, the data terms in your signed agreement and your coaching agreement are the whole agreement about Clarity. If they conflict about Clarity, this agreement wins; about the coaching and its fees, the coaching agreement wins.
• If a court finds part of this agreement unenforceable, the rest stands. Summit’s not enforcing a term once does not waive it.
• You may not assign this agreement; Summit may assign it to a successor of its coaching business.
• Notices to Summit go to the address in the privacy policy, marked Attn: Clarity; notices to the Salon go to its owner’s email on file.