Terms of Service

Effective Date: 08/04/2026  |  Last Updated: 08/04/2026

Please read these Terms of Service ("Terms") carefully before accessing or using the Surge Growth platform at surgegrowth.io ("Platform"). These Terms constitute a legally binding agreement between Surge Growth Technologies Private Limited (CIN: U62099KA2024PTC188794; GSTIN: 29ABNCS4910L1ZR), incorporated under the Companies Act, 2013, registered at B-501, Sumadhura Essenza, Hosa Road Junction, Begur, Electronics City, Bangalore, Karnataka – 560100, India ("Surge Growth", "we", "us", "our") and the legal entity accessing the Platform ("Customer", "you", "your").

By registering, accessing, or using the Platform, you confirm you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy, each incorporated herein by reference. If you do not agree, you must not use the Platform.

1. Acceptance & Eligibility

These Terms apply exclusively to legal entities and their duly authorised representatives accessing the Platform. The Platform is a B2B-only service and is not directed at individual consumers.

By accepting these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you are authorised to bind the entity you represent; (c) you and your entity are not prohibited from receiving services under applicable law.

Multi-jurisdictional Applicability. These Terms are primarily governed by Indian law. Customers operating in the European Union are additionally subject to the EU Digital Services Act (DSA) and applicable commercial laws. Customers in the United States acknowledge applicability of applicable federal and state commercial laws. Data-related rights are governed exclusively by the Privacy Policy.

2. Platform & Services

Surge Growth provides a technology-enabled B2B digital marketing automation platform. Services include:

• Meta / Facebook / TikTok / Google Ads campaign management
• YouTube video upload automation
• Content creation (videos, blogs, ad creatives)
• Market research and competitive analytics
• Custom AI workflow automation (700+ third-party integrations)
• Managed Plan: Dedicated automation engineer services (pricing based on agreed scope)

The Platform acts as a technology intermediary only. It does not function as an advertising agency, media buyer, or publisher. All campaign strategies, spend decisions, and content approvals remain with the Customer. Surge Growth does not guarantee specific advertising outcomes, ROAS, conversions, or business results.

Platform Changes. Surge Growth may modify, enhance, suspend, or discontinue features at any time. For material changes affecting core functionality, Surge Growth will make reasonable efforts to provide 30 days advance notice via email or in-platform notification. Continued use constitutes acceptance of changes.

3. Account Registration & Access

Customers must register with a valid business email address. Email verification is mandatory to activate an account. No payment method is required to register.

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Suspected unauthorised access must be reported immediately to vaibhav@surgegrowth.io.

Accounts are issued to the registered business entity only and may not be shared, sublicensed, or transferred without Surge Growth's prior written consent.

Surge Growth may audit account usage to ensure compliance with these Terms. Accounts found to be shared or misused may be suspended without notice.

4. Pricing, Credits & Subscription Plans

4.1 Credit-Based Model

The Platform operates on a pay-per-use credit system. Credits are purchased in advance and consumed upon workflow execution. Credits are not tied to a billing cycle.

4.2 Credit Terms

• The minimum credit purchase is specified on the Platform pricing page
• Credit expiry depends on the type of credit issued. For precise details on a specific case, you can reach out to the support team
• Credits are non-refundable once purchased (see Refund Policy)
• Credits are non-transferable between accounts
• Unused credits on account termination are forfeited and not refunded

4.3 Managed Plans (Dedicated Support Subscriptions)

• Available based on mutually agreed-upon pricing and scope
• No advance cancellation notice required
• Access continues until the end of the paid billing period upon cancellation
• Requires manual upgrade — no automatic conversion from free trial to paid
• Managed Plan scope, deliverables, and engineer allocation are defined in a separate Statement of Work or onboarding agreement

4.4 Payments

Accepted via DodoPayments (international), direct bank transfer, and Razorpay (Indian Rupee transactions, launching soon). All prices are exclusive of applicable taxes (GST, VAT, sales tax) unless stated otherwise.

4.5 Pricing Changes

Surge Growth may revise credit rates or subscription pricing. For existing active subscriptions, revised pricing will take effect at the next renewal cycle with at least 30 days prior notice. For credit purchases, revised rates apply to new purchases immediately upon notice being posted on the Platform.

5. Prohibited Use

You shall not use the Platform, directly or indirectly, for:

• Adult content, pornography, or sexually explicit material
• Gambling, betting, or unlicensed online gaming
• Weapons, arms, ammunition, or controlled substances
• Cryptocurrency, unregulated financial instruments, or NFT promotions
• Political advertising, campaigning, electoral influence, or propaganda
• Multi-level marketing (MLM), pyramid schemes, or deceptive income opportunity promotions
• Spam, phishing, smishing, or any deceptive advertising practice
• Scraping, automated extraction, or reverse engineering of the Platform
• Any activity that violates applicable local, national, or international law

Violation of this clause entitles Surge Growth to immediately suspend or terminate the Customer's account without notice, without liability, and without any refund of credits or subscription fees.

6. Intellectual Property

6.1 Customer-Owned Deliverables

Ad creatives, content, blogs, and deliverables produced by Surge Growth specifically for the Customer under a paid engagement become the exclusive property of the Customer upon full payment of applicable fees.

6.2 Platform IP

Surge Growth retains exclusive ownership of all platform technology, automation frameworks, software, templates, algorithms, methodologies, and workflows. No Platform IP is transferred to the Customer. The Customer receives only a limited, non-exclusive, non-transferable licence to use the Platform outputs for its own business purposes.

6.3 No AI Training on Customer Data

Surge Growth does not use Customer data, ad account data, or campaign data to train internal AI or machine learning models. All Customer data is used solely for delivering contracted services.

6.4 Customer-Provided Materials

The Customer warrants that all third-party content, images, trademarks, or materials it provides to Surge Growth are licensed for use. The Customer shall indemnify Surge Growth against any IP infringement claims arising from Customer-provided materials.

7. Indemnification

The Customer agrees to defend, indemnify, and hold harmless Surge Growth, its directors, officers, employees, and agents from and against any claims, damages, losses, penalties, and expenses (including reasonable legal fees) arising from:

• The Customer's violation of these Terms or applicable law
• Unauthorised use of the Platform or Customer's account
• Infringement of any third-party intellectual property rights by Customer-provided materials
• Any claim by a third party arising from Customer's ad campaigns or content
• Customer's misrepresentation in the registration or onboarding process

Surge Growth will promptly notify the Customer of any such claim and cooperate reasonably in the defence, at the Customer's expense.

8. Third-Party Integrations

The Platform integrates with 700+ third-party tools. Key integrations include Google Ads API, Meta Marketing API, Google Suite, Vertex AI, OpenAI, DodoPayments, Razorpay, and various analytics, CRM, and communication tools.

Surge Growth is not responsible for the availability, security, performance, or policy changes of third-party platforms. Google, Meta, or other platform account suspensions, bans, or restrictions are outside Surge Growth's control and do not constitute grounds for a refund.

BYOK (Bring Your Own Keys). Where Customers provide API keys, tokens, or credentials, the Customer bears sole responsibility for the security, validity, and authorisation of those keys. Surge Growth shall not be liable for any consequence arising from compromised, expired, or unauthorised Customer-provided credentials.

Key Storage. Customer-provided API keys, OAuth tokens, and credentials required to execute automation workflows are stored by Surge Growth using AES-256 encrypted storage on AWS (Mumbai region). Surge Growth does not share Keys with any third party other than the integrated platform they are intended for.

9. Disclaimer of Warranties & Limitation of Liability

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Surge Growth expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Uptime Guarantee. The Platform is provided on a best-effort basis. Surge Growth does not commit to any specific uptime percentage or uninterrupted availability. Scheduled and unscheduled maintenance may affect access without notice.

No Performance Guarantee. Surge Growth makes no guarantee regarding ad performance, campaign reach, click-through rates, conversions, return on ad spend (ROAS), or any business outcome. All advertising decisions are subject to third-party platform algorithms, policies, and market conditions beyond Surge Growth's control.

Liability Cap. To the maximum extent permitted by applicable law, Surge Growth's total aggregate liability to the Customer for all claims arising under or in connection with these Terms shall not exceed the total fees paid by the Customer to Surge Growth in the three (3) calendar months immediately preceding the event giving rise to the claim.

Exclusion of Consequential Damages. In no event shall Surge Growth be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

10. Account Suspension & Termination

Surge Growth may suspend or terminate a Customer's account with immediate effect and without liability upon:

• Non-payment of subscription fees or outstanding dues
• Breach of the Prohibited Use clause (Section 5)
• Direction or order of any government, regulatory, or judicial authority
• Engagement in fraudulent, illegal, or abusive activity through the Platform
• Providing materially false or misleading information during registration

Data Export & Deletion. Upon termination, the Customer may export data to external storage within 30 days. After 30 days, all Customer data is permanently and irrecoverably deleted from Surge Growth's systems. Surge Growth does not retain deleted account data. Unused credits at the time of termination are forfeited and not refunded.

Customer-Initiated Termination. Customers may close their account at any time without advance notice. Managed Plan access continues until the end of the paid billing cycle. Credits remaining at termination are forfeited in accordance with the above.

11. Force Majeure

Surge Growth shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, terrorism, epidemics or pandemics, government actions or restrictions, internet or infrastructure outages, cyberattacks, or third-party platform outages (including Google, Meta, or AWS).

Surge Growth will make reasonable efforts to notify the Customer of a force majeure event and resume services as promptly as practicable. Force majeure events do not entitle the Customer to a refund of any fees paid.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflict of law principles.

Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration conducted in Bangalore, Karnataka, in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitral tribunal shall consist of a sole arbitrator mutually appointed by the Parties. The language of arbitration shall be English.

EU Users. EU-based business customers may additionally access the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr. This does not supersede the arbitration clause above for B2B disputes.

US Users. Nothing herein waives any mandatory rights under applicable US federal law that cannot be contractually excluded.

13. General Provisions

Entire Agreement. These Terms, the Privacy Policy, and the Refund Policy constitute the entire agreement between the Parties and supersede all prior understandings, representations, or agreements.

Assignment. Surge Growth may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, without the Customer's consent. The Customer may not assign its rights without Surge Growth's prior written consent.

Severability. If any provision is found invalid, illegal, or unenforceable by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable. All remaining provisions shall continue in full force.

Waiver. Failure by either Party to enforce any provision shall not constitute a waiver of future enforcement rights.

Notices. All formal legal notices under these Terms shall be sent by email to vaibhav@surgegrowth.io (for notices to Surge Growth) or to the email registered with the Customer's account. Notices shall be deemed delivered 24 hours after transmission.

Language. These Terms are executed in English. Any translated version is for convenience only; the English version shall prevail in case of conflict.

Amendments. Surge Growth may amend these Terms. The updated version will be posted on surgegrowth.io with a revised "Last Updated" date. For material changes, Surge Growth will provide reasonable notice via email. Continued use after the effective date of the amendment constitutes acceptance.

Schedule A — Applicable Laws & Compliance Reference

These Terms are designed to comply with the following laws and regulations, as applicable to the jurisdiction of the Customer: