Terms of Service

Effective Date: July 22, 2025 

1. Acceptance of Terms

By accessing or using the Surface Technologies website (the "Site") and our software platform services (the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or Services.

2. About Surface Technologies

Surface Technologies, Inc. ("Surface," "we," "us," or "our") is a Delaware corporation with its principal place of business at 120 Clifton Pl, Brooklyn, NY 11238. We provide a flexible, easy-to-use platform for optimizing websites through real-time testing and optimization technology.

3. Description of Services

Our platform allows users to:

  • Deploy optimization technology on web properties
  • Test multiple variations of website elements
  • Optimize conversion rates in real-time
  • Generate JavaScript snippets for website integration
  • Launch variations targeted to different user cohorts
  • Automatically increase exposure of higher-converting variations

4. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

5. User Accounts and Registration

To access certain features of our Services, you may need to create an account. You agree to:

  • Provide accurate, complete, and current information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

6. Acceptable Use Policy

You agree not to:

  • Use our Services for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our Services
  • Use our Services to store or transmit malicious code, viruses, or harmful content
  • Reverse engineer, modify, or create derivative works of our software
  • Use our Services in any way that could damage, disable, or impair our infrastructure

7. Intellectual Property Rights

7.1 Our Content

All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, images, and source code, are owned by Surface Technologies and are protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of any data, information, or content you provide through our Services ("User Content"). By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit your User Content solely to provide our Services to you.

7.3 Feedback

Any feedback, suggestions, or improvements you provide regarding our Services may be used by us without restriction or compensation to you.

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Third-Party Services

Our Services may integrate with or contain links to third-party websites, applications, or services. We are not responsible for the content, privacy policies, or practices of any third-party services.

10. Disclaimers and Warranties

10.1 Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted or error-free operation. Our Services are provided "as is" and "as available."

10.2 Performance Results

While our platform is designed to help optimize website performance, we make no guarantees about specific results, conversion improvements, or business outcomes.

10.3 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURFACE TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OUR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Surface Technologies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our Services or violation of these Terms.

13. Termination

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. You may also terminate your account at any time by contacting us.

Upon termination:

  • Your right to use our Services will cease immediately
  • We may delete your account and User Content
  • Sections that by their nature should survive termination will remain in effect

14. Export Compliance

Our Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Any disputes arising from these Terms or our Services shall be resolved through binding arbitration administered by the American Arbitration Association in New York, NY.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new effective date. Your continued use of our Services after such changes constitutes acceptance of the new Terms.

17. Contact Information

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

Surface Technologies, Inc.
120 Clifton Pl
Brooklyn, NY 11238
Email: hello@surface-ai.io

18. Severability

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

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Surface Technologies regarding your use of our Services and supersede all prior agreements and understandings.

Last Updated: July 22, 2025