Terms of Service

Welcome to SurfBloom. Please read these Terms of Service ("Terms") carefully before using the SurfBloom platform, website, APIs, or any related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• "SurfBloom," "we," "us," or "our" refers to SurfBloom, Inc., the company that owns and operates the Service.
• "Customer," "you," or "your" refers to the individual or business entity that registers for and uses the Service.
• "End User" refers to your clients, patients, tenants, members, or other individuals who receive communications sent through the Service on your behalf.
• "Platform" refers to the SurfBloom web application, including all features such as workflows, campaigns, CRM, tasks, reviews, surveys, feedback, conversations, AI tools, and analytics.
• "Content" refers to any text, images, data, messages, or other materials you create, upload, send, or generate through the Service, including AI-generated content.

2. Eligibility and Account Registration

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent. By creating an account, you represent and warrant that all registration information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. The Service

SurfBloom provides a marketing automation platform for local businesses. The Service may include, but is not limited to, visual workflow automation, SMS and email messaging, AI-powered content generation, review collection and management, CRM and contact management, task management, surveys, feedback collection, campaign management, AI chatbot functionality, and analytics.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that affect your use of the Service.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are solely responsible for all Content sent, created, or generated through your account, including messages sent to your End Users.

You agree not to:

• Use the Service to send unsolicited messages, spam, or messages to individuals who have not provided proper consent to receive communications from your business.
• Use the Service to send content that is illegal, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Use the Service to promote or sell cannabis, controlled substances, prescription medications, illegal goods or services, payday loans, cryptocurrency investment schemes, gambling, or weapons.
• Use the Service to impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
• Use the Service to collect, store, or process sensitive personal information such as Social Security numbers, financial account numbers, or health records in a manner that violates applicable law.
• Attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service.
• Resell, sublicense, or redistribute access to the Service without our prior written consent.

Violation of this section may result in immediate suspension or termination of your account.

5. SMS and Messaging Compliance

The Service enables you to send SMS, MMS, and email messages to your End Users. By using the messaging features of the Service, you agree to the following:

• Consent. You will only send messages to End Users who have provided express written consent to receive messages from your business. Consent must be obtained directly by you and cannot be purchased, rented, or transferred from a third party. You are solely responsible for maintaining records of consent, including the method, date, and time consent was obtained.
• Opt-Out. You will honor all opt-out requests immediately. Every SMS message sent through the Service must support standard opt-out keywords including STOP, CANCEL, END, QUIT, and UNSUBSCRIBE. You will not send messages to any End User who has opted out.
• Message Content. You are solely responsible for the content of every message sent through your account, including messages generated by AI. All messages must comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local laws governing electronic communications.
• A2P 10DLC Registration. If you are sending SMS messages within the United States, you acknowledge that your business must be registered as a Brand with The Campaign Registry (TCR) and that your messaging use cases must be registered as Campaigns. SurfBloom will facilitate this registration process, but you are responsible for providing accurate business information and ensuring your messaging practices comply with carrier requirements.
• Prohibited Messaging Content. You will not use the Service to send messages promoting cannabis, controlled substances, firearms, hate speech, fraudulent financial products, or any content prohibited by carrier policies or applicable law.
• Frequency. You will not send messages at a frequency that exceeds what was disclosed to the End User at the time of consent.

SurfBloom reserves the right to monitor messaging activity for compliance purposes and to suspend or terminate accounts that violate messaging regulations or carrier policies.

6. AI-Generated Content

The Service includes AI-powered features that can generate text content on your behalf, including review requests, follow-up messages, chatbot responses, and other communications. You acknowledge and agree to the following:

• You are solely responsible for reviewing, approving, and monitoring all AI-generated content sent to your End Users. AI-generated content is provided as a tool to assist your communications, not as a substitute for your judgment.
• SurfBloom does not guarantee the accuracy, appropriateness, or legal compliance of any AI-generated content. You are responsible for ensuring that all content sent through your account, whether written by you or generated by AI, complies with applicable laws, regulations, and these Terms.
• AI features may use third-party AI providers including Anthropic (Claude), OpenAI (GPT), Google (Gemini), and xAI (Grok). Your use of AI features is subject to the terms and policies of these providers. SurfBloom does not send your personal information to these providers beyond what is necessary to generate the requested content.
• SurfBloom is not liable for any claims, damages, or losses arising from AI-generated content sent through your account.

7. Data Ownership and Privacy

• Your Data. You retain all ownership rights to the data you upload, create, or collect through the Service, including contact lists, messages, survey responses, and business information. SurfBloom does not sell, rent, or share your data with third parties for their marketing purposes.
• Our Use of Your Data. We may use your data to provide and improve the Service, to generate aggregated and anonymized analytics, and to ensure compliance with these Terms and applicable law. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
• End User Data. You are responsible for your collection, use, and handling of End User data in compliance with all applicable privacy laws, including but not limited to applicable state privacy laws. You represent that you have provided appropriate notice to your End Users regarding how their data is collected and used through the Service.
• Data Portability. You may request an export of your data at any time by contacting us. We will provide your data in a standard, machine-readable format within a reasonable time frame.
• Data Deletion. Upon termination of your account, we will retain your data for 30 days to allow for recovery. After 30 days, your data will be permanently deleted from our systems, except where retention is required by law.

8. Payment Terms

Fees for the Service are based on a custom pricing plan determined between you and SurfBloom. By subscribing to a paid plan, you agree to pay all applicable fees as described in your order form or pricing agreement.

All fees are billed in advance on a monthly or annual basis unless otherwise specified. Fees are non-refundable except where required by law.

Failure to pay outstanding fees may result in suspension or termination of your account.

9. Intellectual Property

• Our Property. The Service, including all software, design, features, documentation, and trademarks, is the property of SurfBloom, Inc. and is protected by applicable intellectual property laws. These Terms do not grant you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms.
• Your Property. You retain ownership of all Content you create or upload to the Service. By using the Service, you grant SurfBloom a limited, non-exclusive license to use, store, and process your Content solely to provide the Service to you.
• Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant SurfBloom an unrestricted, irrevocable, royalty-free license to use and incorporate that feedback into the Service without obligation to you.

10. Third-Party Services

The Service integrates with third-party services including but not limited to Twilio (messaging), Google (reviews and business profiles), and various AI providers. Your use of these integrations may be subject to the terms and policies of those third parties. SurfBloom is not responsible for the availability, accuracy, or practices of third-party services.

11. Uptime and Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify you of scheduled maintenance in advance.

SurfBloom is not liable for any losses or damages resulting from downtime, service interruptions, or data loss.

12. Suspension and Termination

• By You. You may cancel your account at any time by contacting us or through the account settings in the Platform. Cancellation takes effect at the end of your current billing cycle.
• By Us. We may suspend or terminate your account immediately, without prior notice, if we reasonably believe you have violated these Terms, including the Acceptable Use or SMS Compliance provisions. We may also suspend your account for non-payment of fees.

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 7, 9, 13, 14, and 15.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURFBLOOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO SURFBLOOM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless SurfBloom, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Content, including AI-generated content sent through your account; (c) your violation of these Terms; (d) your violation of any applicable law or regulation, including messaging and privacy laws; or (e) your violation of any third-party rights.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SURFBLOOM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

SURFBLOOM DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF ANY AI-GENERATED CONTENT PRODUCED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN ERRORS OR INACCURACIES AND THAT YOU ARE SOLELY RESPONSIBLE FOR REVIEWING ALL CONTENT BEFORE IT IS SENT TO END USERS.

16. Dispute Resolution

Any dispute arising out of or related to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the state in which SurfBloom is incorporated. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state in which SurfBloom, Inc. is incorporated, without regard to its conflict of law provisions.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Platform at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

19. Contact

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