Terms of Service

By accessing, downloading, installing, or using Surf, Surf Social, or any related services (collectively, the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”) and all terms incorporated by reference, including our Privacy Policy, End User License Agreement, and Community Guidelines. If you do not agree, you must not access or use the Platform.

The Platform is owned and operated by Surf Platforms Inc., a corporation organized under the laws of the State of Delaware with its principal place of business in San Jose, California (“Company,” “Surf,” “we,” “us,” or “our”). These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and the Company.

You enter into these Terms by clicking “I agree” (or a similar control), by creating an account, or by otherwise accessing or using the Platform. You agree that doing so has the same legal effect as a handwritten signature and manifests your assent to these Terms. We keep records of acceptance. If you accept on behalf of an organization, you represent that you are authorized to bind it.

PLEASE READ SECTION 19 (DISPUTE RESOLUTION AND BINDING ARBITRATION) AND SECTION 20 (CLASS ACTION WAIVER) CAREFULLY. THEY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 19.

You must be at least 13 years of age to use the Platform. If you are between 13 and the age of legal majority in your jurisdiction (typically 18), you may only use the Platform with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms and is responsible for your activity. If you are a parent or guardian permitting a minor to use the Platform, you agree to these Terms on the minor’s behalf and are responsible for their use.

By using the Platform, you represent and warrant that you meet these requirements, that all registration information you provide is accurate and complete, that you have not been previously suspended or removed from the Platform, and that you are not barred from using the Platform under the laws of the United States or any other applicable jurisdiction, including that you are not located in, or a national or resident of, any country or on any list subject to U.S. export controls or sanctions.

We may refuse access, terminate accounts, or remove or restrict content, consistent with these Terms and applicable law, including for any violation of these Terms or our Community Guidelines.

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately at security@surfplatforms.com of any unauthorized use or other breach of security.

You agree to provide accurate, current, and complete information and to keep it updated. You may not impersonate any person or entity, create accounts through unauthorized or automated means, create multiple accounts for abusive purposes, or evade a suspension or ban by creating new accounts.

We are not liable for any loss or damage arising from your failure to safeguard your account or to provide accurate information.

Some features require a paid subscription (such as Sapphire, Pro, or Ultra). Pricing, billing frequency, and what each plan includes are presented at the point of purchase and may change as described below. By purchasing a subscription, you authorize us and our payment processors to charge your selected payment method for the applicable fees, taxes, and any auto-renewal charges.

AUTOMATIC RENEWAL. UNLESS YOU CANCEL BEFORE THE END OF THE CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT PRICE PLUS APPLICABLE TAXES AT THE START OF EACH RENEWAL PERIOD. The renewal price, frequency, and the date of the next charge are disclosed to you before purchase.

How to cancel. You may cancel at any time through your account settings (or, for purchases made through a third-party app store, through that store’s subscription controls). Cancellation takes effect at the end of the current billing period, and you will retain access until then. We will provide cancellation instructions in your purchase confirmation. Cancelling is at least as easy as subscribing.

Free trials and promotions. If you start a free or discounted trial, you may be charged the standard price automatically when the trial ends unless you cancel before then. The terms of any trial are disclosed at sign-up.

Price changes. We may change subscription prices and the features included in a plan. We will give you advance notice of any price increase or material change, and where required by law we will obtain your consent or give you the opportunity to cancel before the change takes effect. Continued use after the effective date constitutes acceptance of the new price.

Refunds. Except where required by applicable law (including any non-waivable consumer rights) or expressly stated by us, payments are non-refundable and there are no refunds or credits for partial billing periods. Purchases made through a third-party app store are subject to that store’s refund policies.

Taxes. Stated prices may not include taxes. You are responsible for all applicable sales, use, value-added, and similar taxes, which we may collect and remit where required.

You retain ownership of the content you create, post, or share on the Platform (“User Content”). We do not claim ownership of your User Content.

To operate the Platform, you grant Surf Platforms Inc. a worldwide, non-exclusive, royalty-free, transferable, and sublicensable (solely to our service providers and to other users as needed to provide the Platform) license to host, store, reproduce, modify (for example, to format or resize), create derivative works of (for example, to enable features you use), publicly display, publicly perform, and distribute your User Content, solely in connection with operating, providing, securing, promoting, and improving the Platform.

Duration of the license. This license continues only while your User Content is on the Platform. When you delete User Content or your account, the license ends within a commercially reasonable time, EXCEPT that the license continues with respect to: (a) User Content you shared with other users who have not deleted it; (b) residual copies retained in routine backups for a limited period; and (c) where retention is required by law or reasonably necessary to investigate or prevent fraud, abuse, or safety or security issues. We do not use your private content (such as private messages) to train artificial-intelligence models without your consent.

Your responsibilities and warranties. You are solely responsible for your User Content and the consequences of sharing it. You represent and warrant that: (a) you own or have the necessary rights, licenses, consents, and permissions to your User Content and to grant the license above; (b) your User Content does not infringe, misappropriate, or violate any third party’s intellectual-property, privacy, publicity, or other rights; and (c) your User Content does not violate these Terms, our Community Guidelines, or any applicable law.

We do not endorse any User Content and disclaim liability for it to the fullest extent permitted by law.

If you send us suggestions, ideas, or other feedback about the Platform (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use and exploit the Feedback for any purpose without obligation or compensation to you. Feedback is not your confidential information, and you are not required to provide any.

Your use of the Platform must comply with these Terms and our Community Guidelines, which are incorporated here by reference. You agree not to: (a) violate any applicable law, regulation, or third-party right; (b) post or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or that violates our Community Guidelines; (c) impersonate any person or entity or misrepresent your affiliation; (d) interfere with or disrupt the Platform, its servers, or networks; (e) use any robot, spider, scraper, or other automated means to access or collect data from the Platform without our express written permission; (f) attempt to gain unauthorized access to the Platform, other accounts, or connected systems; (g) introduce viruses, malware, or other harmful code; (h) use the Platform for any illegal or unauthorized purpose; (i) take any action that imposes an unreasonable load on our infrastructure or circumvents rate limits or access controls; or (j) reverse engineer, decompile, or disassemble any part of the Platform except to the extent applicable law prohibits this restriction.

These examples are illustrative, not exhaustive. We may investigate and take appropriate action against any suspected violation, including removing content, suspending or terminating accounts, and cooperating with law enforcement.

We may, but are not obligated to, monitor, review, screen, filter, label, rank, organize, promote, demote, restrict, remove, or refuse to display any User Content, in our discretion and consistent with applicable law and our Community Guidelines. The decisions we make about what content to carry, how to present it, and how to operate features are an exercise of our editorial judgment and discretion.

We are not responsible or liable for User Content, and our exercise (or non-exercise) of the rights in this Section does not make us responsible for User Content or create any obligation to monitor. Where we take action on your content or account, we aim to provide notice and, where appropriate, an opportunity to appeal as described in our Community Guidelines.

You can report content that violates these Terms or the law through in-product reporting tools or by contacting legal@surfplatforms.com.

Non-consensual intimate imagery (NCII). Consistent with the TAKE IT DOWN Act and applicable law, if you are an identifiable individual depicted in an intimate visual depiction published without your consent (including AI-generated or “deepfake” depictions), you may request removal by submitting a written request that includes a signature, identification of the depiction and where it appears, a good-faith statement that it is non-consensual, and your contact information. Send requests to legal@surfplatforms.com or use our in-product reporting tools. We will remove validly reported NCII, and any identical known copies, as required by law, generally within 48 hours of a valid request, and will act in good faith to do so.

Child sexual abuse material (CSAM) and exploitation are strictly prohibited and subject to immediate removal, account termination, preservation, and reporting to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by law.

The Platform and its contents, features, and functionality (including all software, text, displays, images, video, audio, design, and the selection and arrangement thereof) are owned by Surf Platforms Inc., its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade-secret, and other intellectual-property laws.

The Surf and Surf Social names, the Surf logo, and related names, logos, product and service names, designs, and slogans are trademarks of Surf Platforms Inc. You may not use them without our prior written permission. Other names and marks are the property of their respective owners.

Except as incidental to normal use of the Platform or as expressly permitted, you may not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of our material.

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”). If you believe content on the Platform infringes your copyright, send a written notice to our designated agent at legal@surfplatforms.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the copyright owner.

Counter-notification. If your content was removed and you believe it was a mistake or misidentification, you may submit a counter-notification with the information required by 17 U.S.C. § 512(g). We may restore the content as permitted by the DMCA unless the original complainant files a court action.

Repeat infringers. We will, in appropriate circumstances and in our discretion, terminate the accounts of users who are repeat infringers. We may remove content alleged to be infringing without prior notice and at our discretion.

The Platform may contain links to, or integrate with, third-party websites or services we do not own or control. We are not responsible for their content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms. We disclaim liability, to the fullest extent permitted by law, for any loss arising from your use of or reliance on third-party services.

Your use of the Platform is governed by our Privacy Policy and End User License Agreement, which are incorporated here by reference. We make money from subscriptions, not advertising: we do not sell your personal information, we do not share it for cross-context behavioral advertising, and we do not operate an advertising network. Certain features (branded Surf Vision) are designed to operate on your device. For details and your rights, see our Privacy Policy.

We may offer features identified as beta, preview, early-access, or experimental (“Beta Features”). Beta Features are provided “as is,” may be changed or withdrawn at any time, may contain errors, and may be subject to additional terms. Any disclaimers and liability limitations in these Terms apply fully to Beta Features. You use Beta Features at your own risk.

We are continually improving the Platform and may add, change, suspend, or discontinue features, in whole or in part, at any time, with or without notice, to the extent permitted by law. We are not liable for any modification, suspension, or discontinuation of the Platform or any feature, except where prohibited by law. We do not guarantee that the Platform will always be available or uninterrupted.

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR REQUIREMENTS. ANY MATERIAL OBTAINED THROUGH THE PLATFORM IS ACCESSED AT YOUR OWN RISK.

WE ARE NOT RESPONSIBLE FOR USER CONTENT OR FOR THE CONDUCT OF ANY USER OR THIRD PARTY. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SURF PLATFORMS INC. OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY TO ANY THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Surf Platforms Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Platform; (d) your violation of any third-party right, including intellectual-property, privacy, or publicity rights; or (e) your violation of any applicable law. This obligation survives termination of these Terms.

PLEASE READ THIS SECTION CAREFULLY, IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

Informal resolution first. Before starting an arbitration, you and we agree to try to resolve the dispute informally for at least 30 days after written notice. Send notice to legal@surfplatforms.com (we will send notice to your account email), describing the dispute and the relief sought. Many disputes can be resolved this way.

Agreement to arbitrate. You and Surf Platforms Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a “Dispute”) that is not resolved informally will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, for claims that qualify, its Streamlined Rules), as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Carve-outs (apply equally to both parties). Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misuse of intellectual-property or proprietary rights. Nothing in this Section waives or limits the right to seek public injunctive relief in a court to the extent such a waiver would be unenforceable; that right is preserved and any claim for public injunctive relief shall be severed and may proceed in court while other claims are arbitrated.

Arbitration procedure. The arbitration will be conducted in English, by a single arbitrator, in Santa Clara County, California, or, at your election, by telephone, video, or written submissions, or in the county where you reside. The arbitrator decides all issues, except that a court decides the validity and scope of the Class Action Waiver in Section 20. We will pay arbitration filing and hearing fees to the extent the applicable JAMS consumer rules require, and each party otherwise bears its own costs unless the arbitrator awards otherwise under applicable law. The arbitrator’s award is final and binding and may be entered in any court of competent jurisdiction.

Mass/coordinated arbitration. If 25 or more similar demands for arbitration are filed by or with the coordination of the same or coordinated counsel, the demands will be administered in sequential batches of up to 50 (a bellwether process) to promote efficiency and reasonable fees, and the statute of limitations and any filing-fee deadlines will be tolled for unfiled and batched demands until their batch begins. This process is supervised by a single procedural arbitrator.

30-day right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@surfplatforms.com with your name, account, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms and will not adversely affect your use of the Platform.

Survival and severability. This Section survives termination of these Terms. If any part of this Section (other than the Class Action Waiver) is found unenforceable, it shall be severed and the remainder enforced.

YOU AND SURF PLATFORMS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

This waiver does not apply to a claim for public injunctive relief, which is addressed in Section 19. If this Class Action Waiver is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and decided in court, while all other claims proceed in arbitration. If the entire Class Action Waiver is found unenforceable, then the agreement to arbitrate in Section 19 shall be null and void as to the affected Disputes only.

You may delete your account at any time in your settings. Upon deletion, your personal information is handled as described in our Privacy Policy.

We may suspend or terminate your account and access to the Platform, with or without notice, where we reasonably believe you have violated these Terms or our Community Guidelines, where required by law, or to protect the Platform, our users, third parties, or the Company. Where reasonable and lawful, we aim to give notice and an opportunity to appeal.

Upon termination, your right to use the Platform ceases. Provisions that by their nature should survive, including Sections 5-6 (license/feedback), 10 (IP), 16-20 (disclaimers, liability, indemnification, arbitration, class waiver), and 22 (governing law), survive termination.

These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and, for arbitration, by the Federal Arbitration Act. To the extent any matter is permitted to be litigated in court, you and we submit to the exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County, California, except that either party may seek to enforce a judgment or award in any court of competent jurisdiction. These choices do not deprive you of any protection of mandatory consumer-protection law in your place of residence.

If you download the Surf app from the Apple App Store or Google Play, your use is also subject to that store’s terms. Where Apple’s terms apply: these Terms are between you and Surf Platforms Inc., not Apple; Apple has no obligation to provide maintenance or support; Apple is not responsible for any product warranties or for addressing any claims relating to the app (including product-liability, legal-compliance, or intellectual-property claims); and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a U.S.-embargoed country or on a U.S. prohibited-party list. Similar provisions apply to Google and other distribution platforms as required by their terms.

Except as stated above, there are no third-party beneficiaries to these Terms.

You consent to receive communications from us electronically, including by email, through the Platform, or by other electronic means, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. We may provide notices to you at the email or contact information associated with your account; you are responsible for keeping it current. You may withdraw consent to non-essential electronic communications, but doing so may limit your use of the Platform. Legal notices to us must be sent to legal@surfplatforms.com.

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war or terrorism, civil unrest, labor disputes, governmental action, power or internet failures, or failures of third-party service providers or networks.

If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary or, if it cannot be modified, severed, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that or any other right or provision, and any waiver must be in writing to be effective.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempt to do so is void. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

These Terms, together with the Privacy Policy, End User License Agreement, and Community Guidelines, constitute the entire agreement between you and Surf Platforms Inc. regarding the Platform and supersede all prior or contemporaneous understandings. Additional terms may apply to specific features and, if they conflict with these Terms, the additional terms control for those features.

We may modify these Terms from time to time. When we make material changes, we will provide notice through the Platform, by email, or by other reasonable means, and we will update the “Last updated” date. Changes are effective when posted unless otherwise stated; we will give advance notice where required by law. Your continued use of the Platform after the effective date constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Platform and may delete your account. Changes do not apply retroactively to a Dispute of which we have actual notice.

The Platform is operated from the United States and intended for users in the United States. We make no representation that it is appropriate or available in other locations. If we make the Platform available in other regions (such as Canada, the European Economic Area, or the United Kingdom), additional or different terms may apply to comply with local law, and those region-specific terms will control to the extent of any conflict for users in those regions. You are responsible for compliance with local laws to the extent applicable.

Questions about these Terms? Contact us at legal@surfplatforms.com.

Surf Platforms Inc., San Jose, California, United States.