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”). If you do not agree to these Terms, you must immediately cease all use of the Platform.

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

These Terms apply to all visitors, users, and others who access or use the Platform. Additional terms and conditions may apply to specific features or services, which will be disclosed in connection with such features.

You must be at least 13 years of age to use the Platform. If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you may only use the Platform with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Platform, you represent and warrant that you meet the eligibility requirements set forth herein, that your registration information is accurate and complete, and that you have not been previously suspended or removed from the Platform.

We reserve the right to refuse access to the Platform, terminate accounts, or remove or edit content, in our sole discretion and without obligation to provide notice, for any reason or no reason, including without limitation for any violation of these Terms.

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

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You may not impersonate any person or entity, create multiple accounts for disruptive or abusive purposes, or create accounts through unauthorized means.

The Company shall not be liable for any loss or damage arising from your failure to comply with these account security obligations.

You retain ownership of the content you create and post on the Platform (“User Content”). However, by posting User Content, you grant Surf Platforms Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and the Company’s business operations, including without limitation for promoting and redistributing part or all of the Platform in any media formats and through any media channels.

You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to publish the User Content and to grant the foregoing license; (b) your User Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights; and (c) your User Content does not contain any material that is defamatory, obscene, unlawful, threatening, or otherwise objectionable.

You are solely responsible for your User Content and the consequences of posting it. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Content.

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content at our sole discretion, for any reason or no reason, including User Content that we determine in our sole judgment violates these Terms, our Community Guidelines, or may be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of others.

You agree not to engage in any of the following activities: (a) violating any applicable law, regulation, or third-party rights; (b) posting content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or invasive of another’s privacy; (c) impersonating any person or entity, or falsely representing your affiliation with a person or entity; (d) interfering with or disrupting the Platform or servers or networks connected to the Platform; (e) using any robot, spider, scraper, or other automated means to access the Platform; (f) attempting to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to the Platform; (g) transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature; (h) using the Platform for any illegal or unauthorized purpose; (i) engaging in any activity that could disable, overburden, or impair the functioning of the Platform; (j) attempting to reverse engineer, decompile, or disassemble any portion of the Platform.

The Platform, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof), is owned by Surf Platforms Inc., its licensors, or other providers of such material and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Surf name, Surf Social name, the Surf logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Surf Platforms Inc. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

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

If you believe that any User Content on the Platform infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information; (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA notices should be sent to legal@surfplatforms.com. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. Repeat infringers will have their accounts terminated.

The Platform may contain links to third-party websites or services that are not owned or controlled by Surf Platforms Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Surf Platforms Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

Your use of the Platform is also governed by our Privacy Policy and End User License Agreement, which are incorporated herein by reference. Surf is committed to protecting your privacy and processes data on-device wherever technically feasible.

We do not sell your personal data to third parties. We do not operate an advertising infrastructure. Certain AI-powered features (branded Surf Vision) operate entirely on your device without transmitting data to our servers. For complete details, please review our Privacy page.

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

SURF PLATFORMS INC. DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

SURF PLATFORMS INC. IS NOT RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE PLATFORM. THE VIEWS EXPRESSED BY USERS DO NOT REPRESENT THE VIEWS OF SURF PLATFORMS INC. YOU USE THE PLATFORM AND RELY ON ANY INFORMATION OR CONTENT OBTAINED THROUGH THE PLATFORM ENTIRELY AT YOUR OWN RISK.

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

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURF PLATFORMS INC., ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SURF PLATFORMS INC. FOR ALL CLAIMS RELATING TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SURF PLATFORMS INC. IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT SURF PLATFORMS INC. HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

You agree to defend, indemnify, and hold harmless Surf Platforms Inc., its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (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 rights, including without limitation any intellectual property, privacy, or publicity rights; or (e) any claim that your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Platform.

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

You and Surf Platforms Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (collectively, “Disputes”) will be resolved through binding individual arbitration, rather than in court, except that either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

Arbitration shall be conducted by JAMS under its Comprehensive Arbitration Rules and Procedures. The arbitration will be conducted in English in Santa Clara County, California, or at another mutually agreed location. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree to attempt to resolve any Dispute informally by contacting us at legal@surfplatforms.com before initiating arbitration. If a Dispute is not resolved within thirty (30) days of receipt of the informal dispute notice, either party may proceed to arbitration.

YOU AND SURF PLATFORMS INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and Surf Platforms Inc. agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision set forth above shall be null and void, and the Dispute shall be resolved in court.

You may delete your account at any time through your account settings. Upon deletion, your data will be permanently removed from our servers within thirty (30) days, except as required by law or legitimate business purposes (such as fraud prevention or compliance with legal obligations).

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice, at our sole discretion. Reasons for termination may include, but are not limited to, violation of these Terms, violation of our Community Guidelines, or conduct that we believe is harmful to other users, third parties, or the Company.

Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including without limitation ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

These Terms and any Dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted hereunder, you and Surf Platforms Inc. agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Santa Clara County, California, for the purpose of litigating all such Disputes.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

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 and contemporaneous understandings, agreements, representations, and warranties.

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you through the Platform, via email, or by other means reasonably calculated to provide notice. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Platform and delete your account.

If you have questions about these Terms of Service, contact us at legal@surfplatforms.com.

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