SurfAI Terms of Use

Welcome to www.surf.ai (together with its subdomains, content, Marks and services, each as defined below, the “Site”). Please read these Terms of Use ("Agreement") carefully before using the Site to understand your legal rights and obligations with respect to SurfAI Ltd./Inc. ("SurfAI", "we", "our" or "us"). By accessing or using the Site, you agree to comply with and be legally bound by this Agreement (the "Effective Date"). If you use the Site on behalf of a company or other entity ("Company"), you represent you have authority to bind the Company, and "you" refers to both you and the Company. If you lack such authority or disagree with this Agreement, do not use the Site on behalf of the Company. You waive any rights to require original (non-electronic) signatures or records, to the extent permitted by law. If you do not agree, do not access or use the Site.  

1. Modification. We may modify this Agreement at any time. Modifications are effective ten (10) days after posting on the Site; continued use means you accept the changes.
2. Ability to Accept. The Site is intended only for individuals aged eighteen (18) or older. If you are under 18, do not use the Site.
3. Site Access. While this Agreement is in effect, we grant you a personal, limited, non-exclusive, non-assignable, non-sublicensable, revocable right to access and use the Site for your personal, non-commercial use, provided you comply with this Agreement. No other rights or licenses to our or third-party Intellectual Property Rights are granted.
4. Restrictions. As a condition to your right to access and use the Site, you shall not (and shall not permit or encourage any third party to) do any of the following: (a) copy or reproduce the Site; (b) sell, assign, lease, lend, rent, distribute, or make available the Site to any third party, or otherwise offer or use the Site in a time-sharing, outsourcing, or service bureau environment; (c) modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, decrypt, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying ideas, algorithms, structure, sequence, organization, and interfaces) of, the Site; (d) remove, alter, or conceal, in whole or in part, any copyright, trademark, or other proprietary rights notice or legend displayed or contained on or in the Site; (e) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Site; (f) make a derivative work of the Site, or use the Site to develop any service or product that is the same as (or substantially similar to or competitive with) the Site; (g) publish or transmit any robot, virus, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Site; (i) take any action that imposes or may impose (at our sole discretion) an unreasonable or disproportionately large load on the Site infrastructure, or otherwise interfere (or attempt to interfere) with the integrity or proper working of the Site; (j) use the Site for competitive purposes, and/or on behalf of any person or entity that competes with the activities, services, or products offered by SurfAI, including but not limited to utilizing the Site to receive information, data, or insights for the development or enhancement of competing services or products; (k) engage in any activity that may excessively burden or disrupt the functioning of the Site or its supporting systems; (l) impersonate another person or entity or use a deceptive identity to mislead others about who you are or who you acting on behalf of; and/or (m) use the Site in any manner that is otherwise malicious, illegal or fraudulent; and/or (n) use the Site to infringe, misappropriate or violate any third party's Intellectual Property Rights (as defined below), or any law. 
5. Linking. We permit you to link to the Site provided that: (i) you link to (but do not replicate) any page on this Site; (ii) the hyperlink text shall accurately describe the content as it appears on the Site; (iii) you shall not misrepresent your relationship with SurfAI or present any false information about us, and shall not imply in any way that we are endorsing you or any services or products, unless we have given you our express prior consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Site does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights; and/or (vi) you, and your website, comply with this Agreement and applicable law.
6. Intellectual Property Rights. 
7. Ownership. The (i) Site, (ii) content and information on the Site, including text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, links, interactive features, and services ("Materials"), and (iii) trademarks, service marks, trade names, service names, trade dress, symbols, brands, and logos ("Marks"), are the sole property of SurfAI and/or its licensors and may be protected by law. “SurfAI”, the SurfAI logo, and other marks are SurfAI's or its affiliates'. All other Marks are their owners'. All rights not expressly granted are reserved. This Agreement does not transfer any Intellectual Property Rights.
8. Feedback. All rights, including intellectual property, in any feedback (questions, comments, suggestions, etc.) regarding the Site ("Feedback") belong exclusively to SurfAI and are SurfAI's Confidential Information. You irrevocably assign to SurfAI all Intellectual Property Rights in such Feedback and waive any moral rights. SurfAI may use Feedback at its discretion but is not obliged to do so.
9. Use of Materials. Materials are for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited without our prior written consent. If you download or print Materials, retain all copyright and proprietary notices. To use, publish, copy, distribute, or otherwise exploit Materials, contact us for written consent. 
10. Information Description. We strive for accuracy but do not warrant that Materials are accurate, complete, reliable, current, or error-free. We may change Materials at any time without notice. Use of Materials is at your own risk.
11. Third Party Content. The Site may present, or otherwise allow you to view, access, link to, and/or interact with, content from third parties and other sources that are not owned or controlled by us (such Content, "Third Party Content"). The Site may also enable you to communicate with the related third parties. The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by us of such Third Party Content or third party, or by such third party of us, and nor any affiliation between us and such third party. We do not assume any responsibility or liability for Third Party Content, or any third party's terms of use, privacy policies, actions, omissions, or practices. Please read the terms of use and privacy policy of any third party that you interact with before you engage in any such activity. 
12. Privacy. Our privacy policy is available at https://www.surf.ai/privacy.
13. Warranty Disclaimers. 
1. This section applies whether or not Site services are paid. Some exclusions may not apply if prohibited by law. 
2. THE SITE (WHICH, FOR CLARITY, INCLUDES WITHOUT LIMITATION MATERIALS AND MARKS) IS PROVIDED AND MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET POSSESSION, TITLE, QUALITY OF SERVICE, NON-INFRINGEMENT, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY US AND OUR LICENSORS AND SUPPLIERS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.   
3. IN ADDITION, NEITHER SURFAI NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS OF THE SITE; (B) THAT YOUR USE OF, OR RELIANCE UPON, THE SITE WILL MEET YOUR REQUIRMENTS OR EXPECTATIONS; (C) THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR VIRUS-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY GOVERNMENT REGULATIONS OR STANDARDS  
4. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, SURFAI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
14. Limitation of Liability. 
15. IN NO EVENT SHALL SURFAI OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT, FOR: 
16. ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES;
17. ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF ANTICIPATED SAVINGS;
18. ANY LOSS OF, OR DAMAGE TO, DATA, REPUTATION, OR GOODWILL; AND/OR
19. THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
20. THE AGGREGATE LIABILITY OF SURFAI UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT SHALL NOT EXCEED THE LOWER OF: (A) FIVE U.S. DOLLARS (US $5), AND (B) THE AMOUNTS ACTUALLY PAID BY YOU (IF ANY) TO SURFAI DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU BRING YOUR CLAIM.
21. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF SURFAI HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES, DAMAGES, OR COSTS; (C) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, OR OTHER CONTRACT OR TORT LIABILITY.
22. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or of other damages, and to the extent applicable to you, such exclusions and limitations shall not apply. Furthermore, nothing in this Agreement shall be deemed to exclude or limit liability for death or personal injury resulting from negligence, or for fraud or fraudulent misrepresentation. 
23. Indemnity. You agree to defend, indemnify and hold harmless SurfAI and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from and/or in connection with: (i) your use of, or inability to use, the Site; or (ii) breach of any provision of this Agreement.
24. Term and Termination. 
1. This Agreement starts on the Effective Date and continues until terminated as provided herein ("Term"). 
2. We may immediately terminate this Agreement or modify, suspend, or discontinue your access to the Site at any time, for any reason, without notice or liability. SurfAI may suspend your access temporarily or indefinitely for breach, at its discretion, without prior notice.
3. You may terminate this Agreement at any time and for any reason. If you object to any term or condition of this Agreement or any subsequent changes thereto, or become dissatisfied with the Site in any way, your sole remedy is to terminate this Agreement and to immediately discontinue use of the Site.
25. Consequences of Termination and Survival. Upon termination of this Agreement your right to access and use the Site will automatically terminate and be deemed revoke. Sections ‎8 (Intellectual Property Rights) through ‎22 (Entire Agreement) inclusive shall survive any termination of this Agreement. Termination shall not affect any rights and obligations accrued as of the effective date of termination.
26. Independent Contractors. You and SurfAI are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship. You must not make any warranties, representations, or commitments on behalf of SurfAI.
27. Assignment. SurfAI may assign or transfer this Agreement (or any of its rights and/or obligations hereunder) without your consent, and without notice or obligation to you. This Agreement is personal to you, and you shall not assign or transfer (or in any other way transfer) this Agreement (or any of your obligations or rights hereunder) without SurfAI’s express prior written consent. Any prohibited assignment or transfer shall be null and void.
28. Governing Law and Jurisdiction. This Agreement is governed by the laws of Israel, without regard to conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply. The courts of Tel Aviv-Yaffo have exclusive jurisdiction over disputes.
29. Severability. If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in effect. The affected provision is ineffective only in that jurisdiction and is replaced with a valid provision that most closely matches the original intent.
30. Remedies. Except as expressly stated, rights and remedies under this Agreement are cumulative and not exclusive of other rights or remedies at law or in equity.
31. Waiver. No failure or delay in exercising any right or remedy is a waiver. Any waiver must be in writing (emails acceptable for you; signed writing for SurfAI) and valid only for the specific instance.
32. Entire Agreement. This Agreement is the entire agreement between SurfAI and you regarding its subject matter and supersedes all prior agreements. You acknowledge you have not relied on any statement not expressly set out in this Agreement; statements in FAQs or marketing materials are not binding.