1. Scope and Parties
1.1 These Terms of Use ("Terms") govern all access to and use of the Surfgeo platform and services (the "Service") by Customers who are businesses, organizations, public-law entities or other professional users. These Terms do not apply to consumers using the Service for private, non-commercial purposes. If you sign an Order Form on behalf of an organization, you confirm you have authority to bind that organization.
1.2 The Service is provided by Surfgeo Inc. ("SurfGeo", "Provider", "we" or "us"). The Provider and the Customer ("you" or "Customer") agree that only these Terms and any signed Order Form shall govern the contractual relationship. Any terms proposed by the Customer that deviate from these Terms are rejected unless Surfgeo expressly accepts them in writing.
1.3 Any supplemental or deviating terms from the Customer shall become part of the contract only if Surfgeo has explicitly accepted them in text form.
2. Services Provided by SurfGeo
2.1 Core Service. Surfgeo provides an enterprise SaaS platform delivering AI-driven visibility analytics, prompt and search analytics, dashboards, automated reporting, integrations and related professional services (collectively the "Service"). The precise scope and features are set out in the applicable Order Form and Documentation.
2.2 Service Modifications. Surfgeo may make reasonable changes and improvements to the Service to enhance performance, security, or legal compliance. Material changes that diminish core features will be communicated in advance where practicable.
2.3 Third-Party Components. The Service may depend on third-party infrastructure, LLMs, data sources, and APIs. Availability and performance of such third‑party components are outside SurfGeo's direct control. If a necessary third‑party component becomes unavailable, Surfgeo will notify Customers and use commercially reasonable efforts to mitigate the impact.
2.4 Operational Limitations. Due to reliance on external LLMs and web data sources, the Service may occasionally return incomplete or imprecise outputs. Surfgeo uses commercially reasonable efforts to correct errors but does not guarantee error‑free or uninterrupted operation.
2.5 No Guaranteed Business Outcome. Unless expressly agreed in an Order Form, Surfgeo does not guarantee specific business results or metrics (e.g., ranking improvements, revenue increases).
3. Customer Obligations
3.1 Permitted Use. Customer will use the Service only for lawful business purposes and in accordance with these Terms and any Documentation.
3.2 Credentials & Security. Customer is responsible for all use of its accounts and must maintain the confidentiality of login credentials. Customer shall promptly notify Surfgeo of any unauthorized use.
3.3 Content & Compliance. Customer warrants that Customer Data and Inputs do not infringe third‑party rights, contain unlawful content or unauthorized sensitive personal data, and that Customer holds any necessary consents and rights for the processing described in the DPA.
3.4 Prohibited Conduct. Customer shall not reverse engineer, decompile, extract underlying models, circumvent technical restrictions, resell the Service to third parties, or use the Service to develop competing products unless otherwise agreed in writing.
4. Intellectual Property & Data
4.1 Provider IP. All intellectual property rights in the Service, including software, models, Documentation and trademarks, remain the exclusive property of SurfGeo. Surfgeo grants Customer a limited, non‑exclusive, non‑transferable right to use the Service as provided.
4.2 Customer Data. Customer retains ownership of Customer Data. By providing Customer Data, Customer grants Surfgeo a limited license to process and store the data as necessary to provide the Service.
4.3 Aggregated Insights. Surfgeo may derive aggregated, anonymized analytics from Customer Data; such aggregated assets are SurfGeo's property and do not identify Customer.
4.4 Feedback. Feedback provided by Customer may be used by Surfgeo without restriction, and Customer grants a perpetual, royalty‑free license to such Feedback.
5. Fees, Payment and Suspension
5.1 Fees. Fees, billing cycles, payment methods and invoicing terms are defined in the applicable Order Form. All fees are exclusive of applicable taxes unless otherwise stated.
5.2 Payment Terms. Unless otherwise agreed, invoices are due within thirty (30) days of invoice date. Surfgeo may charge statutory default interest for late payments and suspend Services after notice for overdue amounts.
5.3 Set‑Off. Customer may only set off undisputed or legally established claims against SurfGeo's invoicing claims.
5.4 Trial & Promotional Offers. Trial periods may be provided at SurfGeo's discretion and are subject to additional restrictions and termination at any time.
6. Limitation of Liability & Indemnity
6.1 Unlimited Liability. Surfgeo is liable without limitation for damages resulting from intent or gross negligence, and for personal injury caused by SurfGeo's negligence.
6.2 Contractual Liability. For other breaches of essential contractual obligations, SurfGeo's liability is limited to typical, foreseeable damages.
6.3 Exclusions. Surfgeo is not liable for indirect, incidental or consequential damages to the fullest extent permitted by law.
6.4 Aggregate Cap. Subject to the foregoing, SurfGeo's aggregate liability for claims arising under or relating to these Terms shall not exceed the greater of: (a) amounts paid by Customer in the 12 months preceding the claim; or (b) INR 400,000 (or equivalent in another currency) provided this cap is enforceable under applicable law.
6.5 Customer Indemnity. Customer shall indemnify and hold Surfgeo harmless from third‑party claims arising from Customer Data, Customer's misuse of the Service, or breach of these Terms.
7. Term, Termination & Effects
7.1 Term. The contract takes effect on Customer's acceptance of these Terms or activation of an Account and continues for the Term specified in the Order Form.
7.2 Termination for Convenience. Monthly subscriptions may be terminated at any time effective at the end of the billing cycle. Fixed‑term subscriptions terminate at the end of the agreed term unless renewed.
7.3 Termination for Cause. Either party may terminate for material breach after a reasonable cure period or immediately for insolvency events.
7.4 Post‑Termination. On termination, Customer may export Customer Data within the export window specified in the DPA; Surfgeo may delete data thereafter except to the extent retention is required by law. Refunds for pre‑paid fees are available only as specified in the Order Form.
8. Governing Law & Jurisdiction
8.1 Governing Law. These Terms are governed by the laws of the Republic of India, excluding its conflict‑of‑laws rules.
8.2 Jurisdiction. The courts of Bengaluru, India shall have exclusive jurisdiction for disputes where Customer is a business entity. Surfgeo reserves the right to seek interim injunctive relief in other jurisdictions when necessary to protect its IP or confidential information.
9. Reference Use & Marketing
9.1 Reference Rights. Surfgeo may use Customer's name and logo for reference and marketing purposes (e.g., client lists, case studies, website) unless Customer objects in writing for legitimate reasons.
9.2 Confidentiality in Marketing. Surfgeo will not disclose Customer's confidential information in marketing materials.
10. Final Provisions
10.1 Changes to Terms. Surfgeo may modify these Terms. For existing Customers, Surfgeo will provide notice of material changes and the right to terminate where applicable.
10.2 Entire Agreement. These Terms, plus the Order Form and DPA, constitute the entire agreement. Oral side‑agreements are not binding.
10.3 Severability. If any provision is invalid, parties will replace it with a valid provision reflecting the original intent; remaining provisions stay in force.
10.4 Language. The English version of these Terms is binding. Any translations are for convenience only.
Contact & Imprint
Surfgeo Inc.
Legal & Compliance: legal@surfgeo.com
Address: Ahmedabad, India
