This Service Agreement ("Agreement") is a legally binding contract between you ("Client," "You," "Your") and GoSurge LLC ("Company," "We," "Us," "Our"), operating the SURGE platform ("Platform," "Service"). By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by all terms herein.
The Platform provides SMS/MMS messaging, voice calling, CRM management, lead management, campaign automation, AI-powered responses, and related communication tools. The Platform may integrate with third-party services, including Google APIs, for authentication, data access, and enhanced functionality. The Platform is provided "as-is" and on a usage-based billing model. We reserve the right to modify, update, or discontinue features at any time with or without notice.
To provide, maintain, and improve the Service, you grant GoSurge LLC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to host, store, process, analyze, and use all data transmitted to or generated through the Platform ("Platform Data"), including contact records, communication logs, and campaign content. This license survives termination of your account and extends to any business operations necessary to deliver and improve the Service.
You acknowledge that GoSurge LLC may access, review, and utilize Platform Data as reasonably necessary for: service delivery and optimization, platform maintenance and support, quality assurance and compliance monitoring, analytics and reporting, internal business operations, and any purpose related to the ongoing development of the Platform.
The Platform operates on shared infrastructure. While accounts are logically separated, you acknowledge that GoSurge LLC maintains administrative access across all accounts for operational, support, and compliance purposes. You should not store sensitive personal identifiers (Social Security numbers, bank account numbers, health records) not necessary for the Service.
GoSurge LLC retains Platform Data for the duration necessary to fulfill its business and legal obligations, which may extend beyond the termination of your account. Deletion requests may be submitted in writing and will be processed in accordance with our data retention policies and applicable law.
Where the Platform integrates with Google API Services (including but not limited to Google OAuth 2.0 for authentication), the following disclosures apply:
All messaging, calling, and service usage is billed at the rates outlined in your service agreement. Usage charges are deducted from your prepaid account balance in real-time.
Monthly subscription fees (seat fees, platform fees, phone number rentals) are charged on your billing cycle date. These fees are non-refundable once charged.
You must maintain a positive account balance to send messages and make calls. When your balance reaches the auto-recharge threshold, your payment method on file will be charged automatically. You authorize these recurring charges.
GoSurge LLC reserves the right to modify pricing at any time. Price changes take effect 30 days after notification via email or Platform notice. Continued use after the effective date constitutes acceptance of updated pricing.
All charges are final and non-refundable, including prepaid balance deposits, monthly fees, and usage charges. Unused prepaid balance is non-refundable upon account termination.
Any billing disputes must be raised in writing within 14 days of the charge. Failure to dispute within this period constitutes acceptance of the charge.
You are solely and entirely responsible for all activity conducted through your account, including all messages sent, calls made, and data uploaded. This includes ensuring compliance with all applicable federal, state, and local laws, including but not limited to:
You agree NOT to use the Platform for: spam, unsolicited messaging to consumers without prior consent, phishing, fraud, illegal activities, harassment, threats, messages that violate carrier policies, or any activity that could result in carrier blocking or legal action.
Message delivery is subject to carrier filtering and regulations. GoSurge LLC is not responsible for messages that are filtered, blocked, or not delivered by carriers. You are responsible for registering campaigns and obtaining proper consent as required by carriers and regulators.
GoSurge LLC's total cumulative liability to you for any and all claims arising out of or relating to this Agreement or the Platform shall not exceed the total amount you paid to GoSurge LLC in the three (3) months preceding the claim.
The Platform is provided "AS IS" and "AS AVAILABLE." GoSurge LLC makes no warranties, express or implied, regarding uptime, reliability, accuracy, or fitness for any particular purpose. Downtime, data loss, message delivery failures, and service interruptions may occur. You acknowledge these risks.
You agree to indemnify, defend, and hold harmless GoSurge LLC, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) your violation of any law or regulation; (c) any claim by a third party arising from messages sent or calls made through your account; (d) your violation of any third party's rights; or (e) any data you upload or transmit through the Platform.
You expressly waive any right to bring any claim, lawsuit, arbitration, or legal proceeding against GoSurge LLC arising from: message delivery failures, carrier filtering or blocking, data accuracy, service outages, platform bugs or errors, or any losses incurred from use of the Platform. Your sole remedy for dissatisfaction with the Platform is to cease using the service.
GoSurge LLC may suspend or restrict your account at any time, with or without notice, for any reason including: violation of these Terms, suspicious activity, non-payment, carrier complaints, excessive error rates, or legal concerns.
GoSurge LLC may terminate your account at any time for any reason. Upon termination, your access will be revoked immediately. No refunds will be issued for unused balance or prepaid fees.
You may cancel your account by providing written notice. Cancellation does not entitle you to any refund of prepaid balance, fees, or charges. All outstanding charges become due immediately upon cancellation.
This Agreement shall be governed by the laws of the State of New Jersey, without regard to conflict of law principles.
Any dispute arising from this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in New Jersey. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Any claim or cause of action must be filed within one (1) year after the event giving rise to the claim, or the claim is permanently barred.
All Platform technology, code, designs, trademarks, and proprietary systems are the exclusive property of GoSurge LLC. You are granted a limited, non-exclusive, non-transferable license to use the Platform during your active subscription. You may not copy, reverse-engineer, sell, sublicense, or redistribute any part of the Platform.
You agree not to disclose any proprietary information about the Platform's technology, pricing structure, internal systems, or business operations to any third party. Violation of this provision may result in immediate account termination and legal action.
GoSurge LLC reserves the right to modify these Terms at any time. Updated terms will be posted on the Platform or sent via email. Continued use of the Platform after modifications constitutes acceptance. If you do not agree with updated terms, your sole remedy is to cancel your account.
This Agreement constitutes the entire agreement between you and GoSurge LLC regarding the Platform and supersedes all prior agreements, representations, or understandings, whether written or oral. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.