Terms & Conditions

1. Eligibility

To use Surfmore, You must be at least 13 years old (or older if required by Your jurisdiction). By using Surfmore, You affirm that You meet this requirement and have the authority to accept these Terms.

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2. User Accounts

To access most features, You must create an account. You agree to: Provide accurate and complete information; keep Your login credentials secure; accept responsibility for all activity under Your account; notify us immediately of any unauthorized access or security breach. A user account is an individual account that is personal to the authorized user and is non-transferable.

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3. Your Content

You are solely responsible for the content (text, images, video, audio, links, etc.) You post or share ('User Content'). By posting content, You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and publicly perform or display Your content for the purpose of operating and improving Surfmore. By uploading User Content while using the Services, Customer represents and warrants that it has all necessary rights to submit such User Content to the Services and that the User Content is accurate and not in violation of any applicable laws, contractual restrictions, or other third party rights, including without limitation intellectual property rights or privacy-related rights of any person or entity. Surfmore is not responsible for any public display of, or Customer's or a third party's misuse of, User Content.

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4. Community Guidelines

You agree to follow Surfmore community guidelines, which prohibit: Harassment, bullying, hate speech, or threats; posting sexually explicit, violent, or illegal content; impersonating others or spreading misinformation; spamming, advertising, or promoting without permission; using Surfmore for any unlawful or harmful purpose.

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5. Moderation and Reporting

Right to Remove User Content. Surfmore has the right (but not the obligation) to monitor, review, to remove from the Services, and/or take down from public display, any content that, in Surfmore’s sole and reasonable discretion, violates any laws, these Terms, or other documented Surfmore policies. Users may report content or behavior they find inappropriate. We may take action at our sole discretion.

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6. Actions with Ads

You give us permission to use Your name and information about actions You have taken on Surfmore next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Services, without any compensation to You. 

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7. Software Updates

If You download or use our software, You give us permission to download and install updates to the software where available.

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8. Privacy

We care about Your privacy. Please read our Privacy Policy to understand how we collect, use, and protect Your information.

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9. In-App Features and Purchases

Some features (e.g., premium content, virtual items, or ad removal) may be available via in-app purchases. All transactions are final unless required by law.

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10. Third-Party Services

Surfmore’s Services may link to or integrate with third-party services. We are not responsible for the practices or content of those services. Use them at Your own risk.

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11. Account Termination

We may suspend or terminate Your account at any time for violations of these Terms or for any reason deemed necessary to protect our community.

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12. Disclaimers

Surfmore Services are provided 'as is' and 'as available.' We make no guarantees that it will be error-free or uninterrupted. We disclaim all warranties to the extent permitted by law. 

CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT CUSTOMER'S USE OF THE SERVICES IS AT ITS SOLE RISK AND THAT THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FUNCTIONALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SURFMORE DOES NOT WARRANT THAT (i) THE SERVICES, SOFTWARE, SURFMORE MATERIALS, OR CONTENT WILL MEET CUSTOMER'S REQUIREMENTS; (ii) OPERATION OF THE SERVICES, SOFTWARE, SURFMORE MATERIALS, OR THE CONTENT WILL BE SECURE, ERROR FREE, VIRUS FREE, OR UNINTERRUPTED; (iii) ANY SURFMORE MATERIALS OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) ANY CONTENT WILL NOT BE LOST OR CORRUPTED; OR (v) IT WILL BE ABLE TO RECTIFY/REMEDY ANY ERRORS OR DEFECT.  

SURFMORE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE SURFMORE’S REASONABLE CONTROL, UNLESS IT RESULTS FROM A BREACH BY SURFMORE OF ONE OF ITS OBLIGATIONS SET FORTH IN THESE TERMS.

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13. Limitation of Liability

We cannot predict when issues might arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to You for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or our Services (however caused and on any theory of liability, including negligence), even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or our Services will not exceed the lesser of Fifty Dollars U.S. ($50.00 US) or the amount You have paid Sufmore in the past twelve months. 

14. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND SURFMORE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE AND/OR THE SURFMORE SERVICES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CUSTOMER FURTHER AGREES THAT IT MAY ONLY BRING CLAIMS AGAINST SUFMORE IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

15. No Third-party Beneficiaries

These Terms do not confer any third-party beneficiary rights. All our rights and obligations under these Terms are freely assignable by Surfmore in connection with a merger, acquisition, or sales of assets, or by operation of law or otherwise.

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16. Feedback

We always appreciate Your feedback and other suggestions about our services.  But we may use feedback and other suggestions without any restriction or obligation to compensate You, and we are under no obligation to keep them confidential.

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17. Changes to the Terms

We may update these Terms from time to time without notice to You. We'll notify You of material changes by updating the 'Effective Date' and, when necessary, via in-app notification or email. By using Surfmore after a new version of the Terms has been posted, You agree to the terms of such new version.

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18. Force Majeure

Surfmore will not be liable for any delay or default in its performance of any obligation under these Terms caused directly or indirectly by fire, flood, act of God, acts of government, an act or omission of civil or military authority of a state or nation, strike, lockout or other labor problem, inability to secure, delay in securing, or shortage of, labor, materials, supplies, transportation or energy, failures of suppliers, or by war, riot, pandemic, embargo or civil disturbance, breakdown, or destruction of plant or equipment arising from any cause whatsoever, or any cause or causes beyond Surfmore’s reasonable control. This provision will in no way impair either party's right to terminate these Terms as set forth herein.

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19. Notice

Except as otherwise expressly set forth in these Terms, all notices given to Surfmore under the Terms will be in writing and shall be deemed validly given, made or serviced, if sent to the following email: notices@surfmore.app, attn: Legal.

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20. Governing Law and Venue

These Terms shall be governed by the laws of California, without regard to its conflict of law principles. Customer and Surfmore agree to submit to the exclusive jurisdiction of the state and federal courts located in California to resolve any dispute arising out of these Terms or use of the Services. In the event of a breach of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

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21. Contact Us

If You have any questions or concerns about these Terms, please contact Surfmore at: Email: notices@surfmore.app.

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22. Entire Agreement

These Terms constitute the entire agreement between Customer and Surfmore regarding its use of the Services and supersedes all prior agreements (written or oral) between Customer and Surfmore in relation to the Services. No modification of these Terms is binding unless it is in a separate writing and signed by Customer and Surfmore.

23. Headings

The section headings of these Terms are for convenience only and have no interpretive value. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely."