Surf & Scale Chat Surf & Scale Chat

Terms of Service

Surf & Scale Chat Effective Date: October 2024 Last Updated: May 2026

These Terms of Service ("Terms") govern your access to and use of the Surf & Scale Chat platform ("Platform"), operated by Surf and Scale Consulting ("Surf & Scale," "we," "us," or "our"). The Platform is accessible at chat.surfandscale.com.

By creating an account, subscribing to a plan, or embedding the chat widget on your website, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Description of Service

Surf & Scale Chat is a multi-tenant AI chat assistant platform. We provide:

The Platform is designed to help businesses answer visitor questions, capture leads, and book appointments automatically using AI.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal authority to bind yourself or your organization to these Terms. By registering, you represent that you meet these requirements.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss arising from unauthorized access to your account that results from your failure to protect your credentials.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update your information as needed. We reserve the right to suspend or terminate accounts that contain materially inaccurate information.

3. Subscription Plans and Billing

3.1 Plans

Surf & Scale Chat offers the following subscription tiers:

Plan features and pricing are subject to change. We will provide at least 30 days' notice before any pricing changes take effect for existing subscribers.

3.2 Billing

Subscriptions are billed monthly through Stripe. By subscribing to a paid plan, you authorize Stripe to charge your payment method on a recurring monthly basis. All fees are stated in U.S. dollars.

3.3 Overage Charges

If you exceed your plan's monthly message limit, additional messages will be billed at $0.05 per message. Overage charges are calculated at the end of each billing cycle and charged to your payment method on file.

3.4 Branding Removal Add-On

Clients on any paid plan (Wave, Swell, Barrel, or Pipeline) may purchase the branding removal add-on for $20/month per site.

3.5 Cancellation and Refunds

You may cancel your subscription at any time through the Stripe billing portal accessible from the Platform. Cancellation takes effect at the end of the current billing cycle. No prorated refunds are issued for partial months. Upon cancellation, your account will revert to the Wave (Free) tier. Your data will be retained for 30 days following cancellation. After 30 days, your data may be permanently deleted.

3.6 Plan Limits

Message limits, page scraping limits, and agent limits are enforced server-side. When you reach a limit, the Platform will display a notification to your visitors rather than generating an error. You must upgrade your plan or wait for the next billing cycle to restore service. Limits reset on the first day of each billing cycle.

4. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

We reserve the right to suspend or terminate your account for violation of these terms, with or without prior notice depending on the severity of the violation.

5. AI-Generated Content Disclaimer

5.1 No Warranty of Accuracy

The AI assistant generates responses based on the knowledge base content you provide and the instructions you configure. AI-generated responses may contain inaccuracies, omissions, or errors. We do not warrant that AI outputs will be accurate, complete, current, or suitable for any particular purpose.

5.2 Not Professional Advice

AI-generated responses do not constitute professional advice of any kind, including but not limited to legal, medical, financial, tax, or therapeutic advice. You are solely responsible for ensuring that the AI assistant's responses are appropriate for your business context.

5.3 Client Responsibility for AI Output

You are responsible for reviewing and configuring the AI assistant's knowledge base, instructions, and behavior settings to produce appropriate responses. You are responsible for the content your AI assistant delivers to your website visitors. We do not monitor or review individual AI responses generated for your account.

5.4 No Guarantee of Availability

AI response generation depends on third-party model providers. If a provider experiences downtime, responses may be temporarily unavailable or routed to a fallback provider. We will make reasonable efforts to maintain service continuity but do not guarantee uninterrupted AI availability.

6. Client Content and Data Ownership

6.1 Your Content

You retain full ownership of all content you upload, create, or configure on the Platform, including knowledge base documents, FAQ entries, shortcut responses, custom instructions, business information, and conversation data. We do not claim ownership of your content.

6.2 License to Surf & Scale

By uploading content to the Platform, you grant us a limited, non-exclusive, royalty-free license to use, process, store, and display that content solely for the purpose of providing the Platform services to you. This license terminates when you delete the content or close your account.

6.3 Data Export

You may request an export of your data (conversations, leads, knowledge base content) at any time by contacting us. We will provide the export in a commonly used format within a reasonable timeframe.

6.4 AI Training

We do not use your content or your visitors' conversation data to train AI models. Your data is processed solely to generate responses within your specific chat assistant.

7. Intellectual Property

7.1 Platform Ownership

The Platform, including its source code, design, features, documentation, and branding (the "Surf & Scale" name, logo, and wave icon), is the intellectual property of Surf and Scale Consulting. Nothing in these Terms grants you any right to use our trademarks, logos, or branding except as displayed on the chat widget footer where applicable.

7.2 Widget Embed Code

We grant you a non-exclusive, non-transferable, revocable license to embed the Surf & Scale Chat widget on your website(s) for the duration of your active subscription. You may not modify, obfuscate, or tamper with the widget code. You may not remove or hide the "Powered by Surf & Scale" branding unless you have an active branding removal add-on or an Agency plan.

7.3 Feedback

If you provide us with feedback, suggestions, or feature requests, you grant us the right to use that feedback without restriction or compensation.

8. Client Responsibilities to End Users

As a Client embedding the chat widget on your website, you are responsible for:

Failure to meet these responsibilities may result in suspension or termination of your account.

9. Third-Party Integrations

9.1 Your Integrations

When you connect third-party services (Google Calendar, Microsoft Outlook, HubSpot, GoHighLevel, Zoho, Meta, Twilio, Calendly, Cal.com, or a custom webhook), you are subject to that provider's terms of service and privacy policy. We facilitate the connection but do not control or assume liability for the actions or data handling practices of third-party services.

9.2 Integration Credentials

You are responsible for the security of the API keys, OAuth tokens, and credentials you provide. While we encrypt stored credentials using AES-256 encryption, you should only connect services using credentials with the minimum permissions necessary.

9.3 Disconnection

You may disconnect any integration at any time through the portal Integrations page. Disconnecting an integration does not retroactively delete data that has already been transmitted to the third-party service.

10. Service Availability

10.1 Uptime

We will use commercially reasonable efforts to maintain the availability of the Platform. However, we do not guarantee any specific uptime percentage. The Platform may be temporarily unavailable due to scheduled maintenance, server issues, third-party provider outages, or circumstances beyond our control.

10.2 Maintenance

We may perform maintenance on the Platform from time to time. When possible, we will provide advance notice of scheduled maintenance that may result in service interruption.

10.3 Modifications

We reserve the right to modify, update, or discontinue features of the Platform at any time. We will provide reasonable notice before removing features that materially affect your use of the Platform.

11. Limitation of Liability

11.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED CONTENT.

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURF & SCALE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Cap on Liability

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.4 AI-Specific Limitation

We are not liable for any decisions made, actions taken, or losses incurred by you or your website visitors based on AI-generated responses. You acknowledge that AI outputs are probabilistic and may be incorrect, and you assume all risk associated with the use of AI-generated content.

12. Indemnification

You agree to indemnify, defend, and hold harmless Surf and Scale Consulting, its owner, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

13. Termination

13.1 By You

You may terminate your account at any time by canceling your subscription and contacting us to request account deletion.

13.2 By Us

We may suspend or terminate your account at any time for violation of these Terms, non-payment, or for any reason with 30 days' written notice. In cases of serious violation (fraud, illegal activity, security threats), we may terminate immediately without notice.

13.3 Effect of Termination

Upon termination, your access to the portal will be revoked and the chat widget will stop functioning on your website. Your data will be retained for 30 days to allow for retrieval, after which it may be permanently deleted. Termination does not relieve you of any obligation to pay outstanding fees.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

14.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

14.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Wyoming. Each party shall bear its own costs.

14.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action, class arbitration, or representative proceeding.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Surf & Scale regarding your use of the Platform.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

15.5 Notices

Notices to you will be sent to the email address associated with your account. Notices to us should be sent to the contact information below.

16. Contact Us

If you have questions about these Terms, contact us at:

Surf and Scale Consulting Email: ride@surfandscale.com Website: https://surfandscale.com