Below is a single-page draft combining a Terms of Service and Privacy Policy for Surge (https://surgebythrive.com/). You can customize details like contact info, jurisdiction, or retention durations to align with your legal strategy.
Surge Terms of Service & Privacy Policy
Effective Date: June 20, 2025
Last Updated: June 20, 2025
1. Acceptance of Terms
By visiting or using Surge (“we,” “our,” “us”) at https://surgebythrive.com/, you (“you,” “User”) agree to these Terms of Service (TOS) and our Privacy Policy (together, “Terms”). If you don’t agree, please do not use the site.
2. Use of Service
- Eligibility: You must be at least 13 years old (or older, based on local law) to use Surge. By using Surge, you confirm you meet this requirement.
- License: We grant you a limited, non-exclusive, non-transferable right to access and use Surge for lawful purposes.
- Restrictions: You agree not to abuse the service (e.g., hack, spam, infringe IP, transmit malware). We reserve the right to suspend or terminate access for violations.
3. Content and Intellectual Property
- All content on Surge—text, graphics, software, designs—is owned or licensed by us and protected by copyright, trademark, and other laws.
- You own any submissions you post, but by submitting them, you grant us a royalty-free license to use, modify, and display them in connection with Surge.
- If you believe a submission infringes your rights, send a notice to our contact address below.
4. Privacy and Data Collection
4.1 What We Collect
- Information you provide: Name, email, organization, and any content you submit.
- Usage data: Automatically collected info like browser type, IP address, actions on Surge pages, and timestamps.
- Cookies & trackers: We use cookies and similar technologies to enhance functionality and analytics.
4.2 How We Use It
- To operate & improve Surge: Provide features, troubleshoot issues, and improve the product.
- Communications: Send service announcements, updates, and marketing if you opt in.
- Safety & legal compliance: Detect abuse, enforce policies, and comply with law enforcement.
4.3 Sharing & Disclosure
- Service providers: We share data with trusted vendors under confidentiality agreements.
- Legal obligations: We may disclose info to comply with laws or legal processes.
- Business transfers: In case of sale or merger, user data may be transferred.
4.4 Your Rights
- Depending on your location, you may request to access, correct, delete, or restrict processing of your personal data.
- You may opt out of non-essential marketing communications at any time.
4.5 Data Retention
We retain your data for as long as necessary to provide the service, comply with legal obligations, resolve disputes, enforce policies, and for internal analytics.
5. Security
We implement industry-standard measures—such as encrypted connections, access controls, and secure hosting—to protect your data. However, no system is completely secure; you use Surge at your own risk.
6. Disclaimers & Limitations
- No warranty: Surge is provided “as is” and “as available.” We disclaim all warranties (express or implied), including merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of liability: We’re not liable for indirect, incidental, special, consequential, or punitive damages arising from your use of Surge, even if we knew they were possible. Our total liability is capped at the amount you’ve paid (if any) in the last 12 months, or $100 (whichever is higher).
7. Indemnification
You agree to indemnify and hold Surge, its owners, employees, and affiliates harmless from any claims, damages, losses, liabilities, and expenses arising from your use of Surge or violation of these Terms.
8. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Oregon, USA, without regard to conflict-of-law rules. Any disputes shall be resolved via binding arbitration under Oregon State Arbitration Law, unless prohibited by local law.
9. Changes to Terms
We may update these Terms at our discretion; when significant, we’ll notify you (e.g., via email or site banner). Your continued use after updates means you accept the revised Terms.
Last updated: June 20, 2025.
10. Contact Us
Have questions about these Terms or your rights? Reach out to us at:
Email: info@thrivesearch.com
Address: 38954 Proctor Blvd #233 Sandy, OR 97055
By using Surge, you acknowledge that you’ve read, understood, and agree to these Terms of Service & Privacy Policy.