Terms Of Service

Please read these terms and conditions carefully. They contain important information about your rights and obligations in accessing and using surgegraph.io and its sub-domains (“our website”).

By subscribing to us, you confirm that you have read and understand the terms and conditions and agree to be legally bound by them as they are amended and posted on our website from time to time.

For the purposes of these Terms and Conditions, the terms ‘subscription’ and ‘Service’ also refer to ‘Membership.’ All references to subscription or Service shall be interpreted as relating to the SurgeGraph Membership plans, which include monthly, yearly, or multi-year options.

1. Prices and Payment

Prices charged are as shown on the website in US dollars. We may change the price of the Service before you place an order or renew a subscription.

You may only create or maintain one Service Account, and you agree that the operation of your Service Account is exclusive to you and any team members you authorize through the Team Management feature in accordance with your Membership plan.

For other digital products outside of our Service Subscription, you may purchase any number of copies you see fit.

Any losses incurred or sustained by you when transmitting information by means of email or other Internet links shall be borne solely and exclusively by you, and in no event shall any such losses, in whole or in part, be borne by SurgeGraph.

We shall automatically renew your subscription to the Service at the end of the current subscription term at the price set out in your order or as you were notified, using the credit or debit card details you supplied for your initial order.

As soon as your initial or renewed subscription commences, we shall take payment from you using the payment details you supplied. In the event that, for whatever reason, it is not possible for payment to be made when we request it, we shall inform you immediately. You shall have seven (7) days from the time the notification of the corrected payment is sent to you by us to provide cleared funds and correct payment details, during which time it will be possible for you to use the Service. If we do not receive cleared funds and your payment details within that seven (7) day period, your access to the Service will be denied until full payment is made and proper payment details are provided.

2. Credits

As part of your Membership, you will receive a monthly allotment of credits, which can be used for AI operations on the platform. Credits will be separated into two main categories: subscription credits and add-on credits. While both categories are non-transferable and non-refundable, there are key differences between them.

Subscription Credits: The monthly subscription credits are provided to all membership plans and will not roll over to the next billing cycle. These credits are automatically added to your account at the start of each billing cycle and expire at the end of that billing cycle if unused.

Add-on Credits: You may opt to purchase extra credits as needed. Add-on credits may be offered as a one-off purchase or as part of a separate package, depending on the arrangement. Similar to subscription credits, add-on credits are non-refundable and non-transferable. They will remain active on your account for use until they expire based on the specific terms of your purchase.

We reserve the right to adjust the cost per credit or per operation due to factors such as the adoption of new technology, the use of a new AI model, or changes in our business operations.

3. Fair Use Policy

To ensure fair usage of our SaaS platform and prevent abuse that could impact the experience of other users, we have implemented this Fair Use Policy. By using our platform, you agree to the following terms:

Shared Resources and Queue:

Our platform operates on shared resources and a processing queue system. This policy prevents users from monopolizing resources, clogging up the queue, or disrupting the platform for others.

Team Management:

Each Membership plan includes team seats under the Team Management feature, with the number of seats determined by your plan. Team seats are reserved for your authorized team members and are not to be shared, resold, or used for group buying of platform access. Agencies, consultants, and freelancers may use the platform to deliver services to their own clients, including producing reports and content for client use. Any attempts to circumvent these restrictions, including reselling platform access or providing unauthorized account access to non-team members, will result in the immediate suspension of the account and may lead to termination of services without refund.

Acceptable Use:

Please refrain from activities that excessively strain resources or disrupt the normal functioning of the platform. Examples of unacceptable activities include bypassing system limitations, using programs/scripts to run SurgeGraph outside of officially supported integrations, generating excessive processing load, or violating applicable laws or third-party rights.

Monitoring and Enforcement:

We may monitor platform usage to ensure compliance with this policy. If a violation is suspected, we may take necessary actions such as notifying the user, limiting access, or suspending the account.

4. 14-Day Refund Guarantee

All our plans are subject to a fourteen (14) day money-back guarantee for first subscription payments, unless expressly stated otherwise. If you wish to exercise your rights under this policy, you must send your request to our customer support email at hello@surgegraph.io within 14 days from the date of the first subscription payment.

We do not grant refunds for recurring subscription payments unless applicable law states otherwise.

Users will only be eligible for refunds ONCE. Request by users who wish to exercise their rights to refund again after they have exhausted their one-time refund will not be granted.

Accounts terminated for violation of the herein-mentioned terms would not be eligible for refunds.

We may ask you to provide information that includes but is not limited to a brief comment explaining why you would like to cancel and refund your subscription, your registered email address, and any other identity verification and/or authentication information that we deem necessary depending on the situation.

Any subsequent correspondence which contradicts the initial refund request would render the initial refund request void. Thereafter, a new refund request would need to be initiated subject to the same terms and conditions stated herein.

Refund shall be due to you only upon compliance with and subject in all respects to the terms and conditions stated herein.

You will lose access to our services once the refund has been issued to you.

No Refunds Beyond Specified Period

After the initial 14-day refund period, no refunds—whether partial or full—will be provided under any circumstances. All sales beyond this period are final and non-refundable.

5. Cancelling the Subscription

You may cancel your subscription for any Service(s) you have purchased from us for any reason (including if you simply change your mind) by giving us notice that you no longer wish to subscribe to the Service within 14 days of the receipt of your login details at any time during your initial subscription.

You can cancel at any time prior to the date on which the next Automatic Subscription Renewal payment is to be taken, and you shall not be eligible to receive any refund for any renewal subscription payment that has already been made.

6. Registration and Refund Patterns

To maintain the integrity of our Service(s) and prevent abuse, we reserve the right to take action if a pattern of repeated registrations for paid services followed by immediate cancellations and refund requests is identified. At our sole discretion, we may withhold further registrations and/or refuse additional refunds to users engaging in such patterns.

7. Liability

In relation to the purchase of Service(s), we accept no liability for any indirect or consequential loss or damages, or any loss of data, profit, anticipated savings, revenue, or business (whether direct or indirect), howsoever caused, even if foreseeable.

We do not accept liability (except where we have been negligent) where you suffer loss or damage as a result of viewing, using, or accessing, or being unable to use or access, or as a result of the performance of our website or its contents, whether due to inaccuracy, error, omission, or any other cause, and whether on the part of SurgeGraph, its servants, agents, or any other person.

If we are liable to you for any reason, our liability is limited to the amount paid by you for the Service(s) concerned. Notwithstanding anything in these terms and conditions, we do not exclude or limit our liability for death or personal injury caused by our negligence.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot guarantee or warrant that any material available from our website will be free from infection, viruses, and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

8. Copyright and Trademarks

The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is SurgeGraph or its licensors. All product and company names, as well as logos mentioned on our website, are trademarks, service marks, or trade names of their respective owners, including ours.

You may download material from our website to place an order with us. However, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute by any means or in any manner any material or information from our website, including but not limited to text, graphics, video, messages, code, and/or software, without our prior written approval, except where expressly invited to do so (for example, in order to complete any test or questionnaire).

9. Changes

We reserve the right to alter, suspend, or discontinue any aspect of our website or the Service(s) available through it, including your access to it, without notice to you. Unless explicitly stated, any new features, including new content and Service(s), shall be subject to these terms and conditions.

If any modification of the Service(s) is unacceptable to you, your only recourse is to terminate the relevant Agreement. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.

10. Assignment and Entire Agreement

We may assign, novate, or subcontract any or all of our rights or obligations under these terms and conditions at any time.

These terms and conditions constitute the entire agreement between you and SurgeGraph regarding your use of the website or the purchase of Service(s), and supersede any prior understandings or agreements regarding your use of the website or the purchase of Service(s).

11. Notices

Notices shall be given to us via email at hello@surgegraph.io, or to you at either the email or postal address you provided to us during the ordering or registration process.

12. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of login details that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.

13. Third-Party Services (Bring Your Own Key)

The Bring Your Own Key (BYOK) feature allows you to connect your own third-party API keys (such as OpenAI or Google Gemini) to your Service Account. Your use of those third-party services remains subject to the respective provider's own terms, billing, and policies. You are solely responsible for the security of your API keys, for any charges incurred directly with those providers, and for complying with their terms. SurgeGraph is not liable for losses, charges, or service disruptions arising from your use of third-party providers via BYOK.

14. Information You Provide

You authorize us to use, store, or otherwise process any personal information that relates to and identifies you, including but not limited to your postal address, email address, telephone number, and your credit or debit card number and expiry date or bank account details, to the extent reasonably necessary to provide the Service(s) that are available through our website to you by us or our sub-contractors.

If you purchase Service(s) through our website, we may collect information about your buying behavior. If you send us personal correspondence such as emails or letters, we may collect this information into a file specific to you. This information, together with the various purposes set out in this clause and in SurgeGraph’s Privacy Policy, will be known as the “Purposes,” and all such information collected by us shall be referred to as “Personal Information.”

By accepting these terms and conditions, you agree to the processing and disclosing of your Personal Information for the Purposes.

15. Privacy Policy

For information about our data protection practices, please see our Privacy Policy.

We value transparency and fairness in our interactions with users. These policies are in place to ensure the continued provision of high-quality services to all our customers. If you have any questions or concerns regarding these terms, please do not hesitate to contact our support team.

16. Prohibited Conduct

To maintain a safe, respectful, and lawful environment on SurgeGraph, including in any SurgeGraph communities such as groups, forums, or other interactive spaces, you agree to refrain from engaging in any of the following activities:

Violence, Hate Speech, and Defamation: Users may not promote, support, or engage in violent, hateful, or defamatory actions or content towards any party.

Harassment of Community Members: Users may not harass or disturb other community members within SurgeGraph communities or platforms, including for marketing, sales, or other intrusive purposes.

Harming SurgeGraph’s Reputation: Users are prohibited from actions that may damage or undermine SurgeGraph’s reputation, image, or standing in the marketplace, whether directly or indirectly.

Sabotaging SurgeGraph’s Growth, Data Theft, and Spying: Attempts to sabotage SurgeGraph’s growth, steal data, ideas, or customers, or engage in any spying activities on SurgeGraph’s progress are strictly forbidden.

Illegal Activities: Any activity considered illegal or prohibited by applicable law is strictly prohibited.

Repercussions for Violations:

SurgeGraph reserves the right to take necessary actions in response to any prohibited conduct, including but not limited to banning users, removing their access to communities, stopping services, or permanently terminating accounts without refund.