Terms of Service
Last Updated: March 30, 2026
Agreement to Terms
By accessing or using SurFox AI ("the Platform"), you agree to be bound by these Terms of Service. If you don't agree, don't use the Platform.
SurFox AI is operated by SurFox AI, Inc. ("we," "us," or "our").
What SurFox AI Does
SurFox AI provides AI-powered lead qualification software that automates lead engagement and qualification through SMS messaging. The Platform analyzes prospect responses, identifies buying signals, and escalates qualified leads to your sales team.
We provide the tools. You are solely and entirely responsible for how you use them, including full compliance with TCPA and all applicable federal, state, and local messaging laws.
Account Requirements
To use SurFox AI, you must:
- •Be at least 18 years old
- •Provide accurate and complete registration information
- •Maintain the security of your account credentials
- •Be responsible for all activity under your account
- •Notify us immediately of any unauthorized access
One person or company per account. No account sharing.
Acceptable Use
You may use SurFox AI to:
- •Engage with leads you have legal permission to contact
- •Automate qualification conversations with prospects
- •Analyze conversation data for sales intelligence
- •Integrate with your existing CRM and business tools
You may NOT use SurFox AI to:
- •Contact people without proper consent or legal basis
- •Send spam, phishing attempts, or fraudulent messages
- •Violate TCPA, CAN-SPAM, or other telecommunications regulations
- •Harass, threaten, or abuse message recipients
- •Impersonate others or misrepresent your identity
- •Upload malicious code, viruses, or harmful content
- •Reverse engineer, copy, or compete with the Platform
- •Resell or redistribute SurFox AI services without authorization
- •Use the Platform for any illegal purpose
Manual Messaging Responsibility:
SurFox AI provides a manual messaging feature that allows you and your team members to send messages directly through the platform. You acknowledge and agree that:
- •You are fully responsible for all messages sent through the platform, whether generated by the AI or sent manually by you or any member of your team
- •Manual messages are subject to the same legal requirements as AI-generated messages, including TCPA compliance and opt-out honoring
- •Sending a manual message to a contact who has opted out is a violation of these Terms and may constitute a TCPA violation for which you are solely liable
- •SurFox AI may implement technical guardrails to help prevent messaging opted-out contacts, but you may not rely on these guardrails as your sole compliance mechanism
- •You are responsible for training your team members on applicable laws and these Terms
If you violate these terms, we will terminate your account immediately without refund.
TCPA & Messaging Compliance
You are solely responsible for compliance with all applicable telecommunications laws, including but not limited to:
- •The Telephone Consumer Protection Act (TCPA)
- •The CAN-SPAM Act
- •The Telemarketing Sales Rule (TSR)
- •All state and local equivalents
By uploading contacts to SurFox AI, you represent and warrant that:
- •You have obtained all legally required consent to contact each individual on your list via SMS
- •Every phone number you upload has a lawful basis for contact
- •Your contact lists were obtained through legal means and comply with all applicable regulations
- •You will not upload numbers belonging to individuals who have previously opted out, requested removal, or are on any do-not-contact list
Opt-Out Compliance:
- •You must honor all opt-out requests immediately, whether detected automatically by the SurFox AI system or communicated through any other means
- •An opt-out communicated in any form — including but not limited to "stop", "remove me", "don't contact me", or any similar expression of unwillingness to be contacted — must be treated as a binding opt-out regardless of whether the platform automatically flagged it
- •Continued messaging of any contact after an opt-out request, whether via automated AI messages or manual messages sent through the platform, constitutes a material violation of these Terms and grounds for immediate account termination
- •SurFox AI provides opt-out detection as a convenience feature. You may not rely solely on automated detection. You are responsible for monitoring conversations and honoring opt-outs that the system may not have detected
Regulatory Fines & Penalties:
- •Any TCPA violation carries statutory damages of $500–$1,500 per message
- •SurFox AI bears zero liability for any regulatory fines, penalties, lawsuits, or damages arising from your use of the platform
- •You agree to indemnify and hold harmless SurFox AI, its officers, employees, and affiliates from any claims, damages, fines, or legal fees arising from your messaging practices
TCPA violations carry statutory damages of $500–$1,500 per text message. You are solely responsible for ensuring every contact you upload has given lawful consent to be contacted. SurFox AI is not your compliance officer.
Your Data & Our AI
What you own:
- •All leads, contacts, and prospect data you upload
- •Your business information and configurations
- •Conversation history and outcomes
What we own:
- •The SurFox AI Platform, code, and technology
- •AI models, algorithms, and intellectual property
- •Analytics methods and processing techniques
How we use your data:
- •Your AI model trains exclusively on YOUR tenant's data
- •We never share your data with other customers
- •We don't use your data to train models for others
- •Complete tenant isolation - your data stays yours
See our Privacy Policy for details: https://www.getsurfox.com/privacy
Service Plans & Pricing
Available Plans:
Starter
$147/month- •2,000 messages per month (in & out)
- •1 team member account
- •Basic AI (does not learn from conversations)
- •Automated qualification questions
- •Psychology-based conversations
Growth
Most Popular$597/month- •10,000 messages per month (in & out)
- •5 team member accounts
- •Learning AI (improves with every conversation)
- •Advanced objection handling
- •Chrome extension for lead capture
- •Priority support
Scale
$2,497/month- •40,000+ messages per month (in & out)
- •15+ team member accounts
- •Advanced learning AI (1000 conversation memory)
- •Unlimited knowledge base uploads
- •Message A/B testing
- •White-glove onboarding
- •Dedicated success manager
Billing:
- •All plans billed monthly in advance
- •Annual billing available for custom enterprise agreements
- •Prices in USD
- •Automatic renewal unless cancelled
- •Payment via credit card or ACH (Scale plan and annual contracts)
Fair Usage:
- •Message limits are monthly maximums
- •Unused messages don't roll over
- •Exceeding limits may result in throttling or overage fees
- •We'll notify you before charging overages
Cancellation & Refunds
You can cancel anytime:
- •Cancel from your account settings
- •Email tom@getsurfox.com to request cancellation
- •Service continues until end of current billing period
- •No refunds for partial months
We can cancel your account if:
- •You violate these Terms
- •Payment fails repeatedly
- •You engage in abusive or fraudulent behavior
- •Required by law
After cancellation:
- •You have 30 days to export your data
- •After 30 days, we'll delete your account data
- •Some data may be retained for legal compliance
Service Availability
We aim for 99% uptime but make no guarantees.
The Platform may be unavailable due to:
- •Scheduled maintenance (we'll notify you)
- •Emergency repairs or updates
- •Third-party service disruptions (Twilio, Anthropic, AWS)
- •Events beyond our control
We're not liable for:
- •Lost revenue due to downtime
- •Missed opportunities or failed conversations
- •Data loss (you should maintain backups)
- •Third-party service failures
Limitations of Liability
SurFox AI is provided "as is" without warranties.
We don't guarantee:
- •Specific conversation outcomes or results
- •Compliance with all regulations in your jurisdiction
- •Uninterrupted or error-free operation
- •That SurFox AI will always make correct decisions
You're responsible for:
- •Ensuring you have legal right to contact leads
- •Compliance with TCPA, CAN-SPAM, and local laws
- •Quality and accuracy of uploaded data
- •How you use qualified leads we identify
- •Your own business outcomes
- •Compliance with TCPA and all telecommunications laws for every message sent through the platform, automated or manual
- •Ensuring all contacts you upload have provided lawful consent to be contacted
- •Training your team members on TCPA requirements and opt-out obligations
- •All consequences arising from manual messages sent by you or your team through the platform
- •Any opt-out requests not caught by automated detection
Our maximum liability is limited to the amount you paid us in the past 12 months.
We're not liable for indirect, incidental, or consequential damages, lost profits, revenue, or business opportunities, data loss or corruption, third-party claims or actions, or regulatory fines or penalties you incur.
SurFox AI is a software platform, not a legal compliance service. We are not responsible for how you use the platform. Consult a lawyer before running high-volume SMS campaigns.
Indemnification
You agree to defend, indemnify, and hold harmless SurFox AI, Inc., its officers, directors, employees, contractors, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- •Your use of the SurFox AI platform
- •Any messages sent through the platform by you or your team, automated or manual
- •Your violation of these Terms
- •Your violation of any applicable law, including the TCPA
- •Any claim by a third party that you contacted them without proper consent
- •Any opt-out you failed to honor
- •The content of your campaigns, knowledge base, or any materials you upload
- •Any misrepresentation made to a lead or prospect through the platform
This indemnification obligation survives termination of your account.
Intellectual Property
You grant us a limited license to:
- •Process your data to provide the service
- •Use conversation data to train your isolated AI model
- •Display your data back to you in the Platform
You retain all ownership of your data.
We retain all ownership of:
- •SurFox AI Platform and technology
- •Our brand, trademarks, and logos
- •AI models and algorithms
- •Documentation and training materials
Don't copy, modify, or reverse engineer our Platform.
Third-Party Services
SurFox AI integrates with third-party services including:
- •Twilio (SMS delivery)
- •Anthropic (AI processing)
- •Stripe (payments)
- •AWS (infrastructure)
- •Google Workspace & Microsoft Outlook (calendar integration)
- •Zapier (workflow integrations)
These services have their own terms:
- •We're not responsible for their actions or failures
- •Their downtime may affect SurFox AI availability
- •You must comply with their terms when using SurFox AI
Changes to Terms
We may update these Terms at any time. Material changes will be communicated via:
- •Email notification
- •In-platform notification
- •Updated "Last Updated" date on this page
Continued use after changes constitutes acceptance.
If you don't agree to new terms, cancel your account before they take effect.
Dispute Resolution
Let's talk first:
If you have a problem, email tom@getsurfox.com. We'll work it out.
If we can't resolve it:
- •Disputes will be governed by Delaware law
- •Both parties agree to binding arbitration
- •Arbitration will be conducted by JAMS
- •Location: Delaware
- •No class actions - individual disputes only
You have 30 days from the dispute to notify us if you want to arbitrate.
Miscellaneous
Entire Agreement: These Terms, plus our Privacy Policy, constitute the entire agreement.
Severability: If any provision is unenforceable, the rest remains in effect.
No Waiver: Our failure to enforce a right doesn't waive that right.
Assignment: We can assign these Terms. You can't without our consent.
Force Majeure: We're not liable for delays due to circumstances beyond our control.
Contact Us
Questions about these Terms?