Terms of Service

1. Eligibility

To use Surfn, you must meet a few basic requirements:

• Minimum Age – You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account and use the Service. Surfn is not directed to children, and we do not knowingly allow individuals under 18 to register.
• Authority to Contract – If you're using Surfn on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will also refer to that entity.
• Compliance With Laws – You agree that your use of Surfn will always comply with applicable laws and regulations, including those related to data privacy, marketing, intellectual property, and AI usage in your jurisdiction.

If you don't meet these requirements, you may not use Surfn.

2. Description of Service

Surfn is an AI platform that helps businesses and creators deploy branded AI agents designed to automate workflows, engage customers, and drive growth. With Surfn, you can:

• Train your agents on content you provide, such as links, files, documents, and media.
• Build conditional workflows (AI Tasks) that trigger actions based on conversation signals (e.g., booking calls, capturing leads, showing product carousels, or running surveys).
• Use embeds and integrations with popular third-party services, such as Calendly, Google Sheets, Typeform, YouTube, and more.
• Leverage retrieval-augmented generation (RAG) technology, which grounds your agents in your own content and data sources. RAG helps improve reliability and relevance of AI responses.
• Choose from flexible pricing tiers — Free, Starter, Pro, Business, and Scale — to match the size and needs of your business. See our Pricing Page for current plans, features, and limits.

Important note: Surfn provides the tools to create and manage AI agents, but we do not guarantee specific outcomes such as conversions, bookings, or sales. Your results depend on how you use the Service, your content, and your business context.

3. Account Registration & Security

To use Surfn, you'll need to create an account. When you do:

• Provide accurate information – You agree to provide true, current, and complete information when registering, and to keep it updated as needed. Fake or misleading information may result in suspension or termination.
• Keep your login secure – You are responsible for maintaining the confidentiality of your account credentials and for all activity that happens under your account. If you suspect unauthorized use, you should notify us right away.
• One account, one user – You may not share your login details with others, impersonate another person or business, or use someone else's account without permission.

We take security seriously, but the responsibility for protecting your account starts with you.

4. Subscription Plans & Billing

Surfn offers several subscription tiers — Free, Starter, Pro, Business, and Scale — each with its own features, limits, and pricing. The details for each plan are available on our Pricing Page, which is incorporated into these Terms by reference.

• Free vs. Paid Plans – The Free plan gives you access to a limited version of the Service. Paid plans unlock additional features and higher usage limits (such as number of AI agents, message volume, training size, and integrations).
• Billing & Renewal – Paid subscriptions are billed in advance on a monthly or annual basis, depending on the option you select. Subscriptions automatically renew at the end of each billing cycle unless you cancel before renewal.
• Payment Method – You authorize us (and our third-party payment processors) to charge your chosen payment method for subscription fees, applicable taxes, and any add-ons you purchase.
• Refunds & Cancellations – All fees are non-refundable unless required by law. You may cancel your subscription at any time in your account settings, and your plan will remain active until the end of the current billing cycle.
• Billing Disputes – If you believe you have been incorrectly billed, you must notify us within 30 days of the charge. We will review the issue and, if an error occurred, issue a credit or refund as appropriate.
• Taxes & Fees – You are responsible for any applicable taxes, levies, or duties imposed by taxing authorities in your jurisdiction. Subscription prices shown on our site do not include these amounts unless explicitly stated.
• Payment Failures & Chargebacks – If your payment method fails or your account becomes delinquent, Surfn may suspend or restrict access to the Service until payment is received. If you initiate a chargeback or payment dispute, Surfn may suspend or terminate your account immediately. You remain responsible for any unpaid amounts.

5. User Responsibilities

Surfn gives you the tools to build powerful AI agents — but how you use those tools is up to you. By using the Service, you agree to the following:

• Your Content is Your Responsibility – You are solely responsible for all content, data, links, embeds, media, code snippets, and other materials you upload, provide, or connect to Surfn. This includes ensuring that you have the rights to use and share such content.
• Follow the Law – You must comply with all applicable laws and regulations when using Surfn, including but not limited to privacy laws (like GDPR or CCPA), intellectual property laws, marketing and advertising regulations, and anti-spam rules.
• No Harmful Code – You may not upload, embed, or share code, scripts, or other content that could be harmful, malicious, or disruptive to the Service or its users. This includes attempts to bypass security measures or inject unsafe iframes, snippets, or bots.
• Monitor AI Outputs – Surfn uses third-party AI models that may generate unexpected, biased, or inaccurate responses. You are responsible for reviewing and monitoring your agents' behavior and ensuring they align with your intended use.

By staying within these responsibilities, you help keep Surfn safe, useful, and trustworthy for everyone.

6. Acceptable Use Policy

We want Surfn to be a platform that helps businesses grow responsibly. To keep things safe and fair, you agree not to misuse the Service. Specifically, you may not use Surfn to:

• Break the law – Engage in any illegal, fraudulent, or deceptive activities.
• Promote harm – Post or distribute hate speech, harassment, abusive material, or any other content that could cause harm to others.
• Provide regulated advice without context – You may not present medical, legal, financial, or other regulated advice through your agents as if it were professional advice unless you are properly qualified and provide clear disclaimers. Coaches, consultants, and educators may use Surfn to share guidance or insights, but you are solely responsible for ensuring compliance with applicable laws, regulations, and professional standards. Surfn does not validate or endorse the accuracy of advice given by user-built agents — see Section 8 ("AI Disclaimers") for more details.
• Spread harmful code – Upload or distribute malware, viruses, or anything designed to damage or disrupt systems.
• Tamper with the platform – Attempt to access areas you shouldn't, reverse-engineer or interfere with Surfn's software, or disrupt the Service's operation.
• API Usage – If Surfn provides access to APIs, you must comply with any usage limits or requirements we set. We may suspend or revoke API access if limits are exceeded, abused, or if your use poses a risk to the Service.

Violating this Acceptable Use Policy may result in suspension or termination of your account.

7. Data & Privacy

We know trust is everything when it comes to AI and data. Here's how we handle it:

• What we collect – Surfn may collect information such as usage data (e.g., number of conversations, feature usage), chat transcripts, content you provide for training your agents (links, files, documents, media), and analytics about how your agents perform.
• How we use it – We use this data only to provide, secure, and improve the Service — for example, to power your AI agents, ensure system stability, troubleshoot issues, and make the platform better over time.
• What we don't do – We do not sell your data. Ever.
• Privacy Policy – Our separate Privacy Policy explains in more detail what data we collect, how we use it, and your rights. That policy is incorporated into these Terms by reference.
• Security & Compliance – We design Surfn with security in mind and are actively working toward compliance with industry standards like GDPR and SOC 2. While we continue to strengthen safeguards, you are responsible for ensuring your use of Surfn complies with applicable privacy and data protection laws in your own business.
• Sensitive Data Restrictions – Surfn is not designed to store or process highly sensitive personal information (like government IDs, financial account details, or medical records). We recommend you avoid uploading such information unless absolutely necessary for your use case. If your business requires handling sensitive data, please contact us to discuss whether we can support your needs under a separate agreement.

8. AI Disclaimers

Surfn agents are powered by advanced third-party AI models provided by external vendors. These may include, but are not limited to, OpenAI, Anthropic, Google, or other providers. While these technologies are powerful, they also come with important limitations:

• Not always accurate – AI may produce responses that are incomplete, inaccurate, biased, or unexpected. You are responsible for reviewing and monitoring your agents' outputs.
• Enhanced accuracy with RAG – Surfn uses retrieval-augmented generation ("RAG") and related technologies to improve reliability by grounding AI responses in your provided content and data sources. While this significantly increases the likelihood of accurate, relevant answers, it does not fully eliminate the risks described above.
• No guarantees – Surfn makes no guarantees about the accuracy, reliability, or suitability of AI-generated content.
• Not professional advice – Agents built on Surfn are not substitutes for professional advice (medical, legal, financial, or otherwise). If you choose to provide such advice through your agents, you must be properly qualified and include clear disclaimers (see Section 5: Acceptable Use Policy).
• Your responsibility – By using Surfn, you acknowledge that reliance on AI-generated outputs is at your own risk, and Surfn is not liable for any decisions or actions taken based on those outputs.
• Third-party providers – Surfn relies on third-party AI providers to deliver the Service. We do not control these providers, their availability, or their outputs, and we disclaim responsibility for their services.

9. Intellectual Property

We respect your rights and expect the same in return.

• Our IP – Surfn and its licensors own all rights, title, and interest in and to the Service, including the software, platform features, design, functionality, brand elements, logos, and all related intellectual property. These are protected by copyright, trademark, and other applicable laws. Except for the limited rights granted to you in these Terms, no rights are transferred to you.
• Your IP – You retain full ownership of the content, data, documents, media, and other materials you upload or connect to Surfn to train or customize your agents. Surfn does not claim ownership of your content.
• License to Us – By uploading or connecting content to Surfn, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, process, store, and display that content only as necessary to provide, secure, and improve the Service. We will never sell your content.
• Feedback – If you send us ideas, suggestions, or feedback, you agree that Surfn may use them without restriction or obligation to you.

10. Third-Party Services & Integrations

Surfn works best when it connects with the tools you already use. The Service may offer integrations with third-party platforms such as Calendly, Typeform, YouTube, Google Sheets, and others.

• Your Responsibility – You are responsible for verifying the legality, reliability, and security of any third-party services or embeds you choose to connect to your Surfn agents. This includes ensuring that you have the rights to use any third-party content or code.
• No Control Over Third Parties – Surfn does not control or endorse these third-party services. We make no warranties or guarantees about their functionality, availability, or security.
• Not Liable for Issues – Surfn is not liable for any outages, vulnerabilities, or other issues caused by third-party services or by your use of third-party code or embeds within your agents.

Your use of third-party services may also be subject to the separate terms and policies of those providers.

11. Termination & Suspension

We want Surfn to be simple and flexible, but we also need to protect the platform and our users.

• Your Right to Cancel – You can cancel your subscription at any time through your account settings (billing is handled via our partner Stripe). When you cancel, your plan will remain active until the end of the current billing cycle. You can also upgrade, downgrade, or update your subscription at any time.
• Managing Agents & Accounts – You may edit or delete individual AI agents, remove team members, or close your account entirely through your dashboard.
• Our Right to Suspend or Terminate – Surfn may suspend or terminate your account (or restrict access to certain features) if we reasonably believe that:
  • You have violated these Terms or our Acceptable Use Policy.
  • Your use of the Service poses a security risk to Surfn or others.
  • You fail to pay applicable fees when due.
• Effect of Termination – If your account is terminated, your right to access the Service ends immediately. Some provisions of these Terms (such as intellectual property, disclaimers, limitations of liability, and indemnification) will continue to apply even after termination.
• Data Retention & Deletion – Upon cancellation or termination of your account, Surfn may retain your content and agent data for a limited period of time, after which it may be permanently deleted. Surfn is not responsible for maintaining backups of your content or data, unless required by law. We may provide tools to export your data where possible, but we do not guarantee export functionality for all content or integrations. It is your responsibility to export any data you wish to keep before your account is closed.

12. Disclaimers & Limitations of Liability

We work hard to keep Surfn reliable, secure, and useful — but like any technology, it has limits.

• As-Is Service – Surfn is provided on an "as-is" and "as-available" basis. We make no representations or warranties of any kind, express or implied, about the Service's availability, reliability, accuracy, or suitability for your particular needs.
• No Guarantee of Uninterrupted Service – We do not warrant that the Service will be uninterrupted, error-free, or completely secure. From time to time, maintenance, updates, or outages may affect availability. We may also limit, suspend, or restrict access to certain features or the entire Service when necessary for maintenance, security, or legal reasons.
• Limitation of Liability – To the maximum extent permitted by law, Surfn and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including loss of profits, business interruption, data loss, or reputational harm.
• Cap on Liability – To the maximum extent permitted by law, Surfn's total cumulative liability for any claim relating to the Service shall not exceed the total fees you paid to Surfn in the 12 months prior to the event giving rise to the claim. If you are on a Free plan, Surfn's liability will be limited to $100.

Some jurisdictions do not allow certain disclaimers or limitations, so portions of this section may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless Surfn Solutions LLC, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your Content – Any content, data, code, embeds, or materials you upload, provide, or connect to the Service.
• Your Use of the Service – Including the operation of your AI agents, any outputs or advice they generate, and any use of the Service by your employees, contractors, or team members you invite or authorize to access Surfn on your behalf.
• Violations – Your violation of these Terms, applicable laws or regulations, or third-party rights (including intellectual property, privacy, or contractual rights).

Surfn reserves the right (at its own expense) to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate with such defense.

14. Confidentiality

• Definition – "Confidential Information" means any non-public business, technical, or financial information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is marked as confidential or would reasonably be considered confidential given the nature of the information and the circumstances of disclosure. For Surfn, this includes non-public details about our platform, features, pricing, and operations. For you, this includes the content you upload and information about your business.
• Obligations – The Receiving Party agrees to:
  1. Protect the Disclosing Party's Confidential Information with the same level of care it uses for its own confidential information (but at least a reasonable standard of care).
  2. Use the Confidential Information only as needed to provide or use the Service under these Terms.
  3. Not disclose the Confidential Information to third parties except to employees, contractors, or advisors who need to know it and are bound by similar confidentiality obligations.
• Exceptions – Confidential Information does not include information that: (a) becomes public through no fault of the Receiving Party, (b) was already lawfully known to the Receiving Party, (c) is provided by a third party without confidentiality obligations, or (d) is independently developed without use of the Disclosing Party's information.
• Required Disclosure – If the Receiving Party is legally required to disclose Confidential Information, it may do so, provided it gives prompt notice (if legally allowed) and reasonably cooperates with the Disclosing Party's efforts to seek protection.

15. Modifications to Service or Terms

• Changes to the Service – Surfn is constantly improving. We may add, change, or remove features from the Service at any time, with or without notice. Some features may be released initially as beta, experimental, or preview features. These features may not be fully supported, may change at any time, or may be discontinued without liability to you.
• Changes to the Terms – We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or an in-app notification). The updated Terms will take effect once posted, unless otherwise stated.
• Your Continued Use – If you continue to use Surfn after changes go into effect, it means you accept the updated Terms. If you don't agree with the new Terms, you should stop using the Service and cancel your account.

16. Governing Law & Dispute Resolution

• Governing Law – These Terms, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
• Arbitration Agreement – To the maximum extent permitted by law, you and Surfn agree that any disputes, claims, or controversies arising out of or relating to these Terms or your use of the Service will be resolved through binding arbitration, rather than in court. Arbitration will be conducted in English, administered by the American Arbitration Association (AAA), and take place in Delaware, unless we both agree otherwise.
• Exceptions – Either party may bring an action in small claims court for disputes that qualify, or seek injunctive or equitable relief in a court of competent jurisdiction. In addition, Surfn may bring actions in court (rather than arbitration) to enforce or protect its intellectual property rights, including patents, copyrights, trademarks, and trade secrets.
• Venue if Litigation Required – If, for any reason, a dispute is not subject to arbitration, you agree that the exclusive jurisdiction and venue will be the state and federal courts located in Delaware.
• Class Action Waiver – You agree that any claims will be brought only in your individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

17. Miscellaneous

• Entire Agreement – These Terms, along with our Privacy Policy and any other legal notices published by Surfn, constitute the entire agreement between you and Surfn regarding the Service. They supersede any prior agreements or understandings, whether written or oral.
• Severability – If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver – A failure by Surfn to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment – You may not assign or transfer these Terms, by operation of law or otherwise, without Surfn's prior written consent. Any attempt to do so without consent is void. Surfn may freely assign or transfer these Terms without restriction.
• Force Majeure – Surfn will not be liable or responsible for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control. This includes, but is not limited to, acts of God, natural disasters, government actions, labor disputes, internet or telecommunications failures, power outages, service interruptions by hosting providers or third parties, or other events outside our reasonable control. If such an event occurs, we will make reasonable efforts to minimize the impact and restore the Service.
• No Third-Party Beneficiaries – These Terms are solely between you and Surfn. No third party has any rights to enforce these Terms, whether under contract law, statute, or otherwise.
• Relationship of the Parties – These Terms do not create a partnership, joint venture, agency, or employment relationship between you and Surfn. We are independent contractors, and neither party has authority to bind the other.
• Marketing Use – Unless you notify us otherwise in writing, you grant Surfn the right to use your name and logo solely for identifying you as a customer, such as on our website or in customer showcases. If you are an individual creator or your brand is tied to your personal identity, we will always seek your consent before using your name or logo publicly.
• Contact – If you have any questions about these Terms, please contact us at contact@surfn.ai.