Terms of Service

Welcome to Surface. These Terms of Service ("Terms") govern your access to and use of the Surface platform, website, and services (collectively, "Surface" or the "Service").

By accessing or using Surface, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

To create an account or use the Service, you must accept these Terms. We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service. Your continued use of Surface after any changes constitutes acceptance of the updated Terms.

• "Surface" refers to the platform, website, and all related services we provide.
• "User" or "You" means any person who accesses or uses Surface.
• "Creator" means a User who creates and publishes a profile page on Surface.
• "Visitor" means anyone who views a Creator's public profile page.
• "Content" includes links, text, images, and any other materials posted on Surface.
• "Lead" refers to contact information collected via lead capture forms on Creator pages.

To create an account on Surface, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Provide accurate and current information
• Maintain the security of your account credentials and notify us immediately of any unauthorized access

Each person may have only one personal account. Team accounts are available for business or organizational use. You may not transfer, sell, or share your account with others.

Prohibited Activities:

• Engaging in illegal activities or promoting illegal content
• Distributing malware, viruses, or other harmful code
• Phishing, scams, fraud, or deceptive practices
• Spam or unsolicited bulk communications
• Harassment, bullying, threats, or hate speech targeting individuals or groups
• Impersonating others or misrepresenting your identity
• Interfering with or disrupting the Service or its infrastructure
• Automated access without permission (scraping, bots, crawlers)
• Attempting to circumvent security measures or access controls
• Violating the intellectual property rights of others

Prohibited Content:

• Illegal goods or services (drugs, weapons, counterfeit items)
• Adult or sexually explicit content on profile pages (avatars, thumbnails)
• Content that sexualizes minors (zero tolerance policy—accounts will be terminated immediately and reported to authorities)
• Extremist, terrorist, or violent content
• Misinformation that endangers public health or safety
• Content violating export control or sanctions laws

You retain ownership of the content you post on Surface. By posting content, you grant Surface a non-exclusive, worldwide, royalty-free license to host, display, distribute, and make available your content as necessary to provide the Service.

You are solely responsible for ensuring your content is legal and does not violate these Terms or the rights of others. Surface reserves the right to remove any content that violates these Terms or is otherwise objectionable.

Surface is not responsible for content posted by third parties, including content on Creator pages. While we have no obligation to monitor all content, we reserve the right to do so and to take appropriate action.

Surface provides a platform for Creators to share links to third-party websites. Surface does not control, endorse, or guarantee any third-party websites linked from Creator pages.

Visitors access third-party links at their own risk. Surface is not liable for:

• Content, products, or services found on linked websites
• Security or privacy practices of third-party websites
• Transactions between Visitors and third parties
• Any harm, loss, or damages resulting from visiting linked sites

Creators are solely responsible for:

• The accuracy and legality of information on their pages
• The content and destination of all links they share
• Compliance with applicable laws in their jurisdiction
• Any claims, damages, or liabilities arising from their content

For Creators (Data Controllers):

When you use Surface's lead capture feature, you become a data controller for the personal data you collect. As a data controller, you:

• Must have your own privacy policy explaining how you collect and use lead data
• Must obtain proper consent from leads before collecting their information
• Are responsible for compliance with GDPR, CCPA, and other applicable privacy laws
• Must not use leads for spam, illegal purposes, or sale to third parties
• Must honor opt-out and unsubscribe requests from leads

For Visitors (Leads):

When you submit your information via a lead capture form on a Creator's page, you are sharing your data directly with that Creator. Surface processes this data on behalf of the Creator as a data processor. The Creator is the data controller and is responsible for how your data is used. For data access, correction, or deletion requests, please contact the Creator directly.

Surface's Role:

Surface provides the technical infrastructure for lead capture. We implement spam protection measures (rate limiting, honeypot fields) and support double opt-in for GDPR compliance. Surface is not responsible for how Creators use the lead data they collect.

Surface and its original content, features, and functionality are owned by Surface and are protected by copyright, trademark, and other intellectual property laws. You may not use Surface's branding, logo, or design elements without our prior written permission.

Users retain ownership of their original content posted on Surface. By posting content, you grant Surface a license to display and host that content as described in Section 5.

You agree to respect the intellectual property rights of others. If you believe content on Surface infringes your copyright, please contact us at legal@surface.page.

Surface respects the intellectual property rights of others and expects users to do the same. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

Filing a DMCA Takedown Notice:

If you believe content on Surface infringes your copyright, please send a written notice to our designated DMCA agent containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to be infringed
• Identification of the material claimed to be infringing, including URL(s) where it appears
• Your contact information (name, address, phone number, email)
• A statement that you have a good faith belief the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

DMCA Agent Contact:

Surface DMCA Agent
Email: dmca@surface.page

Counter-Notification:

If you believe your content was removed in error, you may file a counter-notification containing:

• Your physical or electronic signature
• Identification of the material removed and its prior location
• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
• Your name, address, phone number, and consent to the jurisdiction of the federal court in your district
• A statement that you will accept service of process from the complaining party

Repeat Infringer Policy:

Surface maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers. We may also terminate accounts of users who we determine, in our sole discretion, infringe the intellectual property rights of others, whether or not there is any repeat infringement.

Paid subscription plans are billed in advance on a monthly or annual basis. All payments are processed securely through Stripe. Subscriptions automatically renew unless cancelled before the renewal date.

30-Day Money-Back Guarantee: If you are not satisfied with your subscription, you may request a full refund within 30 days of your initial purchase. After 30 days, cancellations take effect at the end of your current billing period.

Prices may change with at least 30 days' notice. You are responsible for any applicable taxes on your subscription.

You may delete your account at any time through your account settings. Surface may suspend or terminate your account for violations of these Terms or for any other reason at our discretion.

Upon termination:

• Your access to your account will be revoked
• Your published profile pages will be taken offline
• Lead data may be retained as required by law or for legitimate business purposes
• Your content may be deleted after a reasonable grace period

Disclaimer of Warranties:

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or meet your specific requirements. We make no warranties regarding third-party content accessible through the Service.

Limitation of Liability:

To the maximum extent permitted by law, Surface and 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 data, profits, goodwill, or business opportunities.

Our total liability for any claims arising from or related to the Service is limited to the amounts you have paid to us in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

Specific Exclusions:

Surface is specifically not liable for:

• Content posted by Creators or third-party websites they link to
• Transactions conducted on third-party websites
• How Creators use lead data collected through the Service
• Unauthorized access to your account due to your failure to secure credentials

You agree to indemnify, defend, and hold harmless Surface and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your content posted on Surface
• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the Department of State.

You represent and warrant that:

• You are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country
• You are not listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List
• You will not use the Service in violation of any export restriction, prohibition, or regulation

Surface may restrict access to the Service from sanctioned countries or individuals without notice.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

Informal Resolution: Before filing any formal legal claim, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

Arbitration: Any disputes not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted:

• By a single neutral arbitrator selected in accordance with AAA rules
• In the English language, either in person in Wilmington, Delaware, or remotely via video conference at your election
• On an individual basis only (not as a class, consolidated, or representative action)

Arbitration Costs: For claims under $10,000, we will reimburse your filing fees and pay all AAA and arbitrator fees. For claims of $10,000 or more, filing fees and costs will be allocated according to AAA rules. Each party bears its own attorney's fees unless the arbitrator determines otherwise.

Exceptions: Either party may bring claims in small claims court if eligible. Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized use or access.

Class Action Waiver: To the extent permitted by law, you agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration. If this waiver is found unenforceable, the entire arbitration agreement shall be void.

Opt-Out: You may opt out of this arbitration agreement within 30 days of creating your account by sending written notice to legal@surface.page with the subject "Arbitration Opt-Out" including your name, email, and a clear statement that you wish to opt out.

• Entire Agreement: These Terms constitute the entire agreement between you and Surface regarding your use of the Service.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
• No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
• Assignment: You may not assign or transfer your rights under these Terms. Surface may assign its rights and obligations without restriction.
• Force Majeure: Surface is not liable for any failure or delay due to circumstances beyond our reasonable control.
• Notices: We may send notices to you via email or through the Service. You may contact us using the information below.

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

• Legal inquiries: legal@surface.page
• General support: support@surface.page