Terms of Service

1. Acceptance of Terms

1.1 Agreement

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.2 Eligibility

You must be at least 13 years of age (or the minimum age in your jurisdiction) to use the Services. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date and, where appropriate, notifying you through the Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

2. Description of Services

2.1 Service Overview

Surfinguard provides link protection and security scanning services designed to help protect users from malicious links, phishing attempts, and unsafe websites. The Services utilize proprietary technology to provide:

• Real-time URL scanning and threat detection
• System-wide link protection across applications
• Malicious link blocking and warnings
• Cross-platform protection (Android, iOS, macOS)
• Related security features and updates

The specific methods and technologies used to deliver these Services are proprietary and confidential.

2.2 Service Limitations

IMPORTANT: YOU ACKNOWLEDGE AND AGREE THAT:

• No security solution can guarantee 100% protection. New threats emerge constantly and may not be immediately detected by our systems.
• Surfinguard is a supplementary protection tool, not a replacement for safe online practices, user vigilance, or other security measures.
• Our threat detection relies on databases and algorithms that may not identify all malicious content, including zero-day threats, newly created phishing sites, or sophisticated attacks.
• The absence of a warning does not guarantee safety. A link or website not flagged by Surfinguard should not be interpreted as an endorsement or guarantee of safety.
• We cannot protect against all forms of fraud, including phone scams, in-person fraud, social engineering, or manipulation that does not involve clicking a link.

3. User Responsibilities

3.1 General Responsibilities

You are responsible for:

• Exercising independent judgment when clicking links or entering personal information online, regardless of whether Surfinguard has scanned the content.
• Maintaining additional security measures, including but not limited to antivirus software, strong passwords, two-factor authentication, and regular software updates.
• Never sharing sensitive information (passwords, credit card numbers, Social Security numbers, banking credentials) on websites you do not fully trust, even if Surfinguard has not flagged them.
• Complying with all applicable laws in your use of the Services.
• Keeping your device and the App updated to ensure you have the latest security features.

3.2 Prohibited Uses

You agree NOT to:

• Use the Services for any unlawful purpose
• Attempt to circumvent, disable, or interfere with the Services' security features
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, methods, or techniques used in the Services
• Analyze, benchmark, or test the Services to understand or replicate our proprietary link protection technology
• Use the Services to develop, enhance, or train any competing product or service
• Share technical details about how the Services function with competitors or third parties
• Resell, redistribute, or sublicense the Services without authorization
• Use automated systems to access the Services in a manner that exceeds reasonable use
• Attempt to probe, scan, or test the vulnerability of the Services without authorization

4. Special Provisions for Minors and Vulnerable Users

4.1 Users Under 18 (Minors)

Surfinguard is designed to be appropriate for all ages. However:

Parental Supervision Required: Surfinguard is not a substitute for parental supervision and guidance. Parents and guardians who permit minors to use the Services:

• Accept full responsibility for the minor's use of the Services
• Acknowledge that no technology can guarantee complete online safety
• Agree to educate minors about safe online practices
• Understand that Surfinguard cannot protect against all online risks, including cyberbullying, inappropriate content not delivered via links, predatory behavior, or social engineering

Limitations of Protection: Surfinguard cannot and does not protect against:

• Direct messages containing harmful content (without malicious links)
• In-app content in games, social media, or other platforms
• Voice or video communications
• Peer-to-peer interactions within applications
• Age-inappropriate content on legitimate websites

Parental Liability: Parents and guardians assume all liability for any harm, damages, or losses incurred by minors using the Services.

4.2 Elderly and Vulnerable Adults

Surfinguard can be a valuable tool for protecting elderly users and others who may be more susceptible to online scams. However:

Not a Substitute for Care: Surfinguard is not a substitute for caregiver oversight, family supervision, or professional fraud protection services.

Caregiver Responsibility: Family members and caregivers who install or configure Surfinguard for vulnerable individuals:

• Accept responsibility for ongoing supervision and support
• Acknowledge that many scams occur outside Surfinguard's detection capabilities
• Agree not to rely solely on Surfinguard to protect vulnerable individuals
• Assume all liability for any losses incurred by the vulnerable person

Social Engineering Limitations: Surfinguard cannot protect against:

• Phone or voice-based scams (e.g., "IRS calls," "tech support" scams)
• In-person fraud or manipulation
• Romance scams conducted through legitimate websites
• Voluntary disclosure of information or transfer of funds
• Scams initiated by the user (e.g., calling a fake support number)
• Email scams that do not contain malicious links
• Psychological manipulation or coercion

4.3 No Special Duty of Care

By using Surfinguard for minors or vulnerable adults, you acknowledge that Surfinguard does not assume any special duty of care beyond the standard functionality of the Services. The limitations of liability in these Terms apply fully to all users regardless of age or vulnerability status.

5. Intellectual Property

5.1 Ownership

The Services, including all content, features, functionality, software, algorithms, methods, processes, and trademarks, are owned by Surfinguard or its licensors and are protected by intellectual property laws, trade secret laws, and other proprietary rights.

5.2 Proprietary Technology

The technology, methods, and processes used by Surfinguard to provide link protection and threat detection are proprietary and confidential. This includes, but is not limited to, our system-wide link interception technology, threat analysis algorithms, and security scanning methods.

5.3 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes.

5.4 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Services
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying technology of the Services
• Attempt to discover, analyze, or replicate the methods by which Surfinguard provides link protection
• Use the Services to develop, train, or improve any competing product or service
• Benchmark, test, or analyze the Services for competitive purposes without prior written consent
• Resell, redistribute, or sublicense the Services without authorization
• Remove, obscure, or alter any proprietary notices or labels on the Services

6. Disclaimer of Warranties

6.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY – We do not warrant that the Services are fit for any particular commercial purpose.
• FITNESS FOR A PARTICULAR PURPOSE – We do not warrant that the Services will meet your specific requirements or expectations.
• NON-INFRINGEMENT – We do not warrant that the Services do not infringe on third-party rights.
• ACCURACY OR COMPLETENESS – We do not warrant that threat detection is accurate, complete, or current.
• UNINTERRUPTED OR ERROR-FREE OPERATION – We do not warrant that the Services will be available at all times or free from errors, bugs, or security vulnerabilities.

6.2 No Guarantee of Protection

SURFINGUARD SPECIFICALLY DISCLAIMS ANY WARRANTY OR GUARANTEE THAT:

• The Services will detect all malicious links, phishing attempts, or security threats
• The Services will prevent any financial loss, identity theft, or fraud
• The Services will protect against all types of malware, viruses, or malicious content
• Websites or links not flagged by the Services are safe
• The Services will be effective against new, unknown, or sophisticated threats

6.3 Third-Party Content

We are not responsible for any third-party websites, content, or services accessed through links, even if those links were scanned by Surfinguard.

7. Limitation of Liability

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURFINGUARD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• DIRECT DAMAGES arising from your use or inability to use the Services
• INDIRECT DAMAGES including but not limited to loss of profits, data, goodwill, or other intangible losses
• INCIDENTAL DAMAGES resulting from your access to or use of the Services
• SPECIAL DAMAGES arising from your reliance on the Services
• CONSEQUENTIAL DAMAGES including but not limited to: financial losses resulting from fraud, scams, or phishing attacks; identity theft or unauthorized access to personal information; losses from malware, viruses, ransomware, or other malicious content; damages from security breaches; loss of business opportunities; emotional distress or reputational harm
• PUNITIVE DAMAGES regardless of the theory of liability

7.2 Cap on Liability

IN NO EVENT SHALL SURFINGUARD'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF:

• The amount you paid to Surfinguard for the Services in the twelve (12) months preceding the claim, OR
• Fifty US Dollars ($50.00)

7.3 Basis of the Bargain

You acknowledge that the limitations of liability in this Section 7 are a fundamental element of the agreement between you and Surfinguard, and that Surfinguard would not provide the Services without these limitations.

7.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

8.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Surfinguard and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any claim that your actions caused damage to a third party
• Any claim related to a minor's or vulnerable adult's use of the Services under your supervision

8.2 Indemnification Process

We will provide you with prompt notice of any claim subject to indemnification. You shall not settle any claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

9. Dispute Resolution

9.1 Informal Resolution

Before filing any formal legal claim, you agree to contact us at support@surfinguard.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your notice.

9.2 Governing Law

These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law provisions.

9.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

• Agreement to Arbitrate: You and Surfinguard agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, rather than in court.
• Class Action Waiver: YOU AND SURFINGUARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
• Opt-Out: You may opt out of this arbitration agreement by sending written notice to support@surfinguard.com within 30 days of first using the Services.

9.4 Exceptions

Notwithstanding Section 9.3, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

10. Termination

10.1 Termination by You

You may stop using the Services at any time by uninstalling the App and discontinuing use of the website.

10.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice.

10.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. Sections 5-9 and any other provisions that by their nature should survive termination shall survive.

11. General Provisions

11.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Surfinguard regarding the Services and supersede all prior agreements and understandings.

11.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

11.5 Notices

We may provide notices to you through the Services, via email (if provided), or by other reasonable means. You may provide notices to us at support@surfinguard.com.

11.6 Force Majeure

Surfinguard shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet disruptions.

12. Contact Information

If you have any questions about these Terms, please contact us:

📧 Email: support@surfinguard.com

🌐 Website: https://surfinguard.com/

13. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You understand that Surfinguard provides supplementary protection only and cannot guarantee complete security
• You accept all risks associated with online activities, including those that Surfinguard may not detect or prevent
• You understand and accept the limitations of liability described herein
• If you are using the Services on behalf of a minor or vulnerable adult, you accept full responsibility for their use and any consequences thereof