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Terms of Service for Surgent
Last Updated: 9th January 2025
Welcome to Surgent! We're excited to have you on board.
These Terms of Use explain the rules and guidelines for accessing and using our AI-powered text generation platform (referred to as the "Platform"), as well as any related products, services, APIs, applications, software, and websites we offer (collectively, the "Services").
If you are using the Services on behalf of a company, organization, or other legal entity, your access and usage are subject to our Platform Services Agreement or another applicable agreement directly entered into with us.
By using our Services, you confirm that you accept these Terms and our Acceptable Use Policy, which is incorporated herein by reference. You agree to comply with all applicable laws, regulations, and any additional policies, guidelines, or documentation that we provide. These Terms constitute a legally binding agreement between you and Surgent. If you do not accept these Terms, please refrain from using our Services.
Additionally, we encourage you to review our Privacy Policy, which explains how we collect, handle, share, and safeguard your information. If you are located in the EU, UK, or EEA, you have certain rights under applicable data protection laws (including the GDPR and UK GDPR). By using our Services, you consent to the transfer of your personal data to jurisdictions that may not offer the same level of protection, including the United States. Please review our Privacy Policy for details.
Nothing in these Terms limits your statutory rights under applicable consumer protection laws in your jurisdiction, including the EU Consumer Rights Directive, the UK Consumer Rights Act 2015, and Australian Consumer Law. These Terms apply only to the extent permitted by law.
Account Creation and Access
Creating an Account
To access our Services, you may need to create an account. You agree to provide accurate, up-to-date, and complete information during the account registration process. Communications sent to you using the contact details provided in your account will be deemed sufficient for any required legal notices. You are responsible for all actions taken under your account. If you suspect unauthorized access or notice any suspicious activity, contact us immediately.
You must affirmatively accept these Terms by checking an acknowledgment box during the sign-up process. If you do not agree to these Terms, you may not use the Services.
Communications
By creating an account, you consent to receive communications from us, including newsletters, promotional materials, and updates related to the Services. You may opt out of receiving such communications by following the unsubscribe link provided in the emails or by contacting our support team.
Minimum Age
You must be at least 18 years old to create an account and use our Services.
You may not use the Services if you are under the digital age of consent in your country or region (e.g., 13 in the U.S. and Canada, up to 16 in some EU countries). If you are under 18, you may only use the Services with the permission and supervision of a parent or legal guardian.
Use of the Services
Permitted Use
You are allowed to access and utilize our Services provided you comply with these Terms, the Acceptable Use Policy, and any additional instructions or requirements we may specify.
Prohibited Activities
You agree not to:
- Share login credentials or accounts with unauthorized users
- Use automated tools (e.g., robots, spiders) to access or scrape the Services without prior written consent
- Introduce harmful software or conduct denial-of-service attacks
- Attempt to bypass any security measures or restrictions in place on the Platform
- Engage in actions that may damage our reputation or interfere with other users' experience
- Develop competing services or products
- Gain unauthorized access to any system or data
- Violate the intellectual property rights of others
- Engage in any activity that may introduce harmful software, spam, or otherwise disrupt the performance of our Services or negatively affect other users
Fair Usage Policy
We strive to provide consistent and high-quality services to all users. To ensure fairness, we may impose usage limits to prevent excessive consumption that could negatively impact service performance for other users. Excessive or abnormal use may be flagged for review, and we reserve the right to restrict, suspend, or terminate access based on abuse, misuse, or activity deemed harmful to the Platform or its users.
Content and Output
By using our Services, you may submit various forms of data, content, or information ("Submitted Content"), including data manually entered or obtained from third-party website scrapes, to improve generated outputs ("Generated Content"). You retain responsibility for all Submitted Content and affirm that you have the necessary rights and permissions to allow us to process it through the Platform.
Generated Content is created using AI technology and may not be explicitly marked as such. Users are solely responsible for disclosing AI involvement when legally required or when using third-party platforms (e.g., Shopify). You are solely responsible for ensuring that any Generated Content complies with applicable laws, platform policies, and third-party rights, including intellectual property, consumer protection, advertising standards, and content moderation rules. Surgent disclaims all liability arising from the use, publication, or distribution of Generated Content.
Third-Party Services
Certain features of our Platform may enable integration with third-party services or technologies ("Third-Party Services"). These services may include large language models (LLMs) provided by external providers such as OpenAI, Google, and Anthropic. Your Submitted Content may be shared with these third-party models to deliver the Services and may also be used by them to improve their models. While we make reasonable efforts to work with reputable providers, we do not control their data handling practices.
By using the Services, you acknowledge and agree that your Submitted Content may be shared with such third-party models and that their use of your data will be governed by their respective terms and privacy policies. Surgent is not affiliated with or endorsed by any third-party platforms such as Shopify. You are solely responsible for ensuring that your use of the Services, including Generated Content, complies with the applicable rules of any third-party platforms or services.
APIs and Credits
We may offer access to application programming interfaces ("APIs") as part of our Services, enabling integration with your applications or systems. These Terms do not permit redistribution, resale, or creating binding commitments on our behalf.
In some cases, we may offer credits that can be used to access certain features or services. The purchase and use of such credits will be governed by separate credit-related terms.
Your Rights
Ownership
You retain ownership of any rights, title, or interest in your Submitted Content. You also maintain full ownership of the Generated Content created through your use of the Platform. However, similar content may be generated for other users based on their own inputs and is not considered your exclusive property.
Accuracy
While we strive to ensure the reliability of outputs, the nature of AI means results may not always be accurate. You are solely responsible for evaluating the suitability of the outputs for your use.
Beta Features
Any early-stage or experimental features are provided "as is" and may be modified or removed at any time. Use is at your own risk.
Our Rights
Use of Materials
We may use your Submitted Content to operate, maintain, and improve the Services, comply with legal obligations, and enforce our policies. We will not use your Submitted Content to train our own models. Surgent does not retain Submitted Content for model improvement. Surgent acts as a data processor when facilitating the transfer of Submitted Content to third-party LLMs.
Platform Metadata
We may collect de-identified, aggregate usage data ("Platform Metadata") for operational and improvement purposes. This data does not include personal data and is not used to identify you individually.
Intellectual Property
All intellectual property rights in and to the Services, including the Platform, software, UI/UX, and underlying AI technologies, are and will remain the sole property of Surgent or its licensors. Nothing in these Terms grants you any right or license to use Surgent's trademarks, logos, trade dress, or proprietary features without our prior written consent.
Paid Accounts
You must provide accurate billing information. We may charge applicable fees and taxes and suspend access for failed payments. Subscriptions may auto-renew unless canceled in advance. You will be notified of price changes before being charged the updated rate. If you are located in the EU and are a consumer, you have the right to withdraw from your purchase within 14 days, unless you have already accessed or used the Services during this period, in which case you waive this right.
All payments are non-refundable except as required by applicable law.
Termination and Suspension
We may suspend or terminate your access to the Services, with or without prior notice, if we reasonably believe you have violated these Terms, applicable law, or if your use may cause harm to Surgent, our users, or third parties.
You may also stop using our Services at any time.
Disclaimer, Indemnification, and Limitation of Liability
Our Services are 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.
If you use our Services in a way that causes legal problems for Surgent, you agree to help resolve them and cover any resulting costs. Surgent reserves the right to assume the exclusive defense and control of any such matter.
Surgent's total liability to you for any claim arising out of or relating to these Terms will not exceed the greater of: (i) $100, or (ii) the total fees paid by you to Surgent in the 12 months preceding the claim.
Changes to These Terms
We reserve the right to update or modify these Terms at any time in our sole discretion. If we make material changes, we will provide notice—such as by posting an update on our website, sending an email, or prompting you at login. Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Services.
Dispute Resolution and Arbitration
We prefer to resolve disputes informally within 60 days. If not resolved, disputes will proceed to arbitration under the LCIA Rules or the AAA Rules (for U.S. users).
To opt out of arbitration, you must send written notice to legal@surgent.ai within 30 days of creating your account or of the effective date of the arbitration change.
Class actions and jury trials are waived. Requests for public injunctive relief must be litigated individually in court after arbitration.
General Terms
Analytics providers like Google Analytics may monitor usage. You may opt out per their instructions.
Our use of cookies and similar tracking technologies is described in our Cookie Policy, which forms part of these Terms where applicable.
You may not use Surgent's name, logos, or marks without permission.
We may modify, suspend, or discontinue any part of the Services at any time without liability to you or any third party.
We will not be liable for any failure or delay resulting from events beyond our reasonable control, including acts of God, labor disputes, war, terrorism, pandemics, internet failures, or government actions.
You agree not to use or access the Services in violation of any applicable export laws or regulations, including those of the U.S., UK, and EU. You represent that you are not on any government list of restricted or prohibited parties, and will not use the Services in any restricted country or for prohibited end uses.
We are committed to making our Services accessible to users with disabilities. If you experience difficulty accessing any part of the Platform, please contact support@surgent.ai so we can assist you.
You may not assign your rights under these Terms without our consent.
Except as provided in the Arbitration section, any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the courts of London, UK, unless otherwise required by applicable law.
If these Terms are translated into another language, the English version will control in the event of any conflicts or inconsistencies.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
These Terms represent the entire agreement between you and Surgent. For questions, complaints, or legal notices, you may contact us at legal@surgent.ai or by postal mail to our registered business address.