Terms of Service
Last Updated: September 22, 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").
SurFox AI, Inc. is a Delaware corporation.
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
- •You have not and will not upload contact lists that were purchased, rented, leased, scraped, or obtained from any third-party data broker, list vendor, or affiliate network, regardless of how the list was marketed or described. Only contact lists for which you can provide a verifiable, first-party consent audit trail, documenting when, where, and how each individual consented to receive SMS communications from your specific organization, are permitted on the platform.
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
$49/month- •1,000 messages per month (in & out)
- •500 SMS leads ingested per month
- •100 website chat conversations per month
- •20 Voice AI minutes per month
- •3 campaigns maximum
- •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)
- •500 website chat conversations per month
- •5 team member accounts
- •Learning AI (improves with every conversation)
- •Advanced objection handling
- •Chrome extension for lead capture
- •Priority support
Growth Plus
$1,497/month- •25,000 messages per month (in & out)
- •2,000 website chat conversations per month
- •15 team member accounts
- •Advanced learning AI (1000 conversation memory)
- •Multiple personas & campaigns
- •Unlimited knowledge base uploads
- •White-glove onboarding
- •Dedicated success manager
Scale
$2,497/month- •40,000+ messages per month (in & out)
- •5,000 website chat conversations per month
- •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
Website Chat
If your plan includes website chat, you may embed the SurFox AI website chat widget on your own website(s) for conversations with your visitors and customers. Your plan includes a stated number of Website Chat Conversations per billing period (as shown on your plan or order).
A Website Chat Conversation is counted when a visitor sends their first message in the widget, which starts that conversation. Additional messages in the same conversation do not create additional Website Chat Conversations. Opening or loading the widget without the visitor sending a message does not count.
When you reach your plan's Website Chat Conversation allotment for the billing period, website chat for your account will be disabled (kill switch) until the next billing period begins or you upgrade to a plan with additional capacity. Unused Website Chat Conversations do not roll over.
Voice
Voice Minutes
If your plan includes Voice, your plan includes a stated number of Voice minutes per billing period (as shown on your plan, order, or pricing page). Voice minutes are measured by SurFox's systems for outbound and inbound Voice calls placed through the Service. Unused Voice minutes do not roll over to a later billing period unless your plan expressly says otherwise.
Voice Overage
If you use more Voice minutes than your plan includes in a billing period, excess minutes are Voice overage. Voice overage is billed automatically at the then-current per-minute rate shown on your plan, order, or pricing page (currently $0.25 per minute, unless a different rate is stated for your account). Voice overage is charged via our payment processor on a usage basis (including periodic usage reports); we do not require a separate purchase or approval for each overage increment, and we do not block or interrupt live Voice calls when your included minutes are exhausted. By enabling or using Voice, you authorize SurFox to charge your payment method on file for Voice overage as it accrues.
Relationship to Message Overages
Message and SMS overage (if offered) remains subject to the Fair Usage and top-up rules elsewhere in these Terms, including any requirement that you approve or purchase additional message capacity before it is charged. Those message rules do not apply to Voice overage, which is automatic as described above.
Metering
SurFox's metering and records of Voice usage control for billing purposes, absent clear error.
Cancellation & Refunds
You can cancel anytime:
- •Cancel from your account settings
- •Email sales@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
Money-Back Guarantee
SurFox AI offers a 30-day money-back guarantee, subject to the terms below.
1. Billing and guarantee period
You are charged on the first day of your subscription at signup. The 30-day money-back guarantee period does not begin on the date of payment. Instead, it begins on the date your A2P (application-to-person) messaging registration is approved. Your monthly message allotment does not unlock and cannot be used until A2P approval is granted.
2. Scope of refund
If you qualify for a refund under this guarantee, SurFox AI will refund all charges you have paid from signup up to the date of your refund claim, regardless of the number of billing cycles that have elapsed. This includes charges paid before A2P approval.
3. Eligibility conditions
To qualify for a refund, both of the following conditions must be satisfied:
(a) Usage threshold
During the guarantee period, you must have sent at least 80% of your plan's monthly message allotment using your approved conversation flow. The applicable thresholds are: Starter, 800 of 1,000 messages; Growth, 8,000 of 10,000 messages; Growth Plus, 20,000 of 25,000 messages; Scale, 32,000 of 40,000 messages. Messages sent outside of your approved conversation flow do not count toward this threshold.
(b) Performance failure
The SurFox AI agent must have demonstrably failed to perform one or more of the following four core functions on a significant portion of conversations: (i) respond to inbound replies; (ii) follow your approved conversation flow; (iii) attempt to book a meeting or appointment with engaged leads; or (iv) cleanly disqualify a lead that was not a fit.
4. Claims
A refund claim must be submitted within the 30-day guarantee period. SurFox AI may review your account activity, conversation logs, and message records to verify that both eligibility conditions have been met. Refunds are issued only where both conditions are satisfied and verified.
A2P Carrier Registration
To send SMS messages through SurFox AI, your business must be registered with wireless carriers through a process called A2P (Application-to-Person) messaging registration. By subscribing to SurFox AI, you acknowledge and agree that:
- •A2P registration is a mandatory prerequisite to sending any messages through the platform
- •Registration is submitted to and reviewed by Twilio and wireless carriers, which are independent third parties outside SurFox AI's control
- •Approval is not guaranteed. Carriers may reject registrations for reasons including but not limited to incomplete business information, website consent language, campaign description, or carrier policy changes
- •Rejection does not constitute a failure of service by SurFox AI and does not entitle you to a refund outside the Money-Back Guarantee terms above
- •If your registration is rejected, SurFox AI will notify you of the reason and assist with resubmission, but cannot guarantee approval on resubmission or any specific timeline
- •Delays or rejections caused by A2P registration do not pause, extend, or otherwise affect your billing cycle
Customer Opt-In Infrastructure Responsibility
Carrier registration requirements are determined by Twilio and wireless carriers and are subject to change without notice. As part of the A2P registration process, carriers may require changes to your website, lead capture forms, landing pages, CRM workflows, or other systems through which you collect contact information.
You are solely responsible for making any and all modifications to your own systems, platforms, or third-party tools that are required to achieve or maintain A2P registration approval. SurFox AI will notify you of required changes and provide guidance, but cannot make changes to systems outside the Platform on your behalf.
If your website vendor, CRM provider, or any third-party tool cannot support the modifications required by carriers, you are responsible for finding an alternative solution. SurFox AI bears no liability for registration delays, rejections, or your inability to send messages resulting from your failure or inability to implement required changes to your own systems.
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 is uncapped and expressly supersedes and survives any limitation of liability set forth elsewhere in these Terms, including but not limited to the maximum liability cap in the Limitations of Liability section. 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
Connecting an AI Assistant
SurFox AI lets an account administrator connect an outside AI assistant (such as Claude) to their own SurFox account. This feature is off until an administrator turns it on, and it is never required to use the Platform.
If you connect an assistant, you control what it can do:
- •Only your own account's data is visible to the assistant. It can read your leads, your conversations with them, your campaign names, and your usage numbers.
- •Phone numbers shown to the assistant are masked to the last four digits. Email addresses are shown in full.
- •The assistant cannot send messages, change any data, or view billing or payment details.
- •Access lasts 90 days and must be renewed, and you can remove it at any time from Settings.
Once your data reaches the assistant, it is handled by that assistant's own provider under that provider's own terms, not ours. We do not control, and are not responsible for, how that provider stores, uses, or retains data you choose to share this way. You are responsible for deciding whether connecting an assistant is appropriate for your business and your leads.
Affiliate Program Terms
Program
SurFox AI's Affiliate Program lets approved affiliates refer new customers to SurFox AI under these terms. Participation requires SurFox AI's written approval. SurFox AI may accept or reject applicants in its discretion, including to keep the program focused on qualified, consultative referrals (for example, Follow Up Boss consultants and similar partners) and not bulk "blaster" or spam-driven traffic.
Commission
For each Qualifying Customer you refer who pays for a SurFox AI subscription, you earn a commission equal to twenty percent (20%) of that customer's Active MRR (base billing only) for each month the customer remains an active paying subscriber during the Commission Period. The Commission Period is twelve (12) months beginning on the customer's Start Date. After that twelve-month period, commission on that customer ends. This replaces any prior public or program description of a ten percent (10%) affiliate rate.
First invoice hold
Commission on a Qualifying Customer's first month of Active MRR (base billing) accrues but is held and is not paid out with the first invoice. If the customer remains an active paying subscriber and SurFox AI collects a second paid invoice, SurFox AI will pay the held first-month commission together with the second month's commission. The affiliate does not forfeit first-month commission solely because of the hold. If the customer cancels, churns, or is refunded under SurFox AI's money-back guarantee (or otherwise) before SurFox AI has collected that second paid invoice, the held first-month commission is forfeited and no commission is owed for that customer for the first month. Thereafter, commission continues on subsequent paid invoices during the twelve-month Commission Period while the customer remains an active paying subscriber.
Definitions
- •Qualifying Customer means a new SurFox AI customer who (a) signs up using your approved affiliate link, code, or other tracking method SurFox AI provides, (b) is not an existing SurFox AI customer or a reactivation of a previously churned account SurFox AI already recognizes, (c) is accepted by SurFox AI, and (d) pays for a paid plan.
- •Start Date means the date the Qualifying Customer's paid subscription first becomes active.
- •Active MRR (base billing) means the recurring monthly subscription fee actually collected by SurFox AI for that customer's then-current plan for the applicable month. It excludes taxes, one-time fees, setup fees, SMS/message overages and top-ups, Voice overage minutes, usage charges, professional services, and refunded or credited amounts. Downgrades and upgrades adjust Active MRR going forward. No commission accrues for months that are unpaid or fully refunded, except that first-month commission may accrue and be held as described above.
- •Commission Period means the twelve (12) months starting on the Start Date.
Payment
Eligible commissions (including released held first-month amounts) are calculated on collected Active MRR (base billing) and paid on SurFox AI's affiliate payout schedule (for example, Net 30 after month-end) via the payment method on file. SurFox AI may withhold or claw back commission for chargebacks, refunds, fraud, or self-referrals. Minimum payout thresholds may apply.
Your obligations
You must:
- •Promote SurFox AI accurately and not misrepresent features, pricing, TCPA/compliance outcomes, or guarantees
- •Comply with FTC endorsement guidelines and all applicable advertising laws, including clear disclosure that you may earn a commission
- •Not use spam, purchased lists, scraping, or unsolicited bulk SMS/email to drive referrals
- •Not bid on SurFox AI trademarks in paid search without written permission
- •Not hold yourself out as an employee or agent of SurFox AI
You are an independent contractor.
Non-Qualifying activity
SurFox AI may deny or reverse commission for self-referrals, duplicate accounts, fraudulent signups, referrals obtained through prohibited marketing, or referrals that do not meet Qualifying Customer criteria. SurFox AI may suspend or terminate an affiliate for breach or for conduct inconsistent with a qualify-and-book partner program.
Termination
Either party may terminate participation with notice. On termination, unpaid earned commissions remain payable subject to these terms; no new Qualifying Customers are attributed after termination. SurFox AI may modify the program prospectively with notice.
These Affiliate Program Terms supplement SurFox AI's Terms of Service and Privacy Policy. If there is a conflict on commission, these terms control for affiliates.
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.
Governing Law
These Terms and any dispute arising out of or relating to them or to the Platform are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.
Dispute Resolution
Let's talk first:
If you have a problem, email sales@getsurfox.com. We'll work it out.
Binding arbitration. If we can't resolve a dispute informally within 30 days, it will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in Delaware, before a single arbitrator. The arbitrator, not any court, has exclusive authority to resolve any dispute over the interpretation, applicability, or enforceability of this arbitration agreement. Each party bears its own attorneys' fees; arbitration filing and administrative fees are allocated per JAMS rules unless the arbitrator orders otherwise.
Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in the state or federal courts located in Delaware for claims involving intellectual property rights or unauthorized access to the Platform. Both parties consent to the exclusive jurisdiction and venue of those courts for any claim not subject to arbitration.
Class action waiver. All claims must be brought individually. Neither party may bring a claim as a plaintiff or class member in any class, consolidated, or representative proceeding.
Jury trial waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
Notice. You have 30 days from the date a dispute arises to notify us in writing of your intent to arbitrate. Notice must be sent to legal@getsurfox.com or to 390 NE 191st St STE 17376, Miami, FL 33179.
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?
Email: privacy@getsurfox.com
Address: SurFox AI, Inc., 390 NE 191st St STE 17376, Miami, FL 33179
Website: https://www.getsurfox.com