Legal
Last updated: 10 June 2026
1.1 These Terms of Service (“Terms”) govern all use of the Surfais platform and related services (the “Service”) by customers acting in the course of business (“Customer”, “you”). The Service is intended exclusively for business customers. Use of the Service by consumers is excluded.
The Customer may use the Service solely within the scope of its own business operations and by its own personnel — or, where the Customer is an agency on a plan that permits it, for the benefit of the brands it manages within its account. Any further use, in particular providing the Service itself to third parties, is not permitted unless expressly agreed in writing with the Provider.
1.2 The Service is operated by Surfais Ltd (“Surfais”, “Provider”, “we” or “us”), a company registered in England and Wales (company number 17195527) with its registered office at Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom. The Provider and the Customer agree that only these Terms govern the contract. Any terms and conditions of the Customer are expressly rejected and will not apply unless we have expressly agreed to them in writing.
1.3 Any deviating or supplemental terms of the Customer will not become part of the contract unless we have expressly agreed to them in writing (including email).
2.1 Core Service: We provide a Software as a Service (“SaaS”) platform offering AI visibility analytics. Surfais is designed to help companies assess and analyse how their brand surfaces in responses generated by AI platforms and Large Language Models (“LLMs”), including AI assistants and AI-powered search experiences.
What Surfais does:
What Surfais does not do:
The exact features of the Service are described on our website.
2.2 Provision of Software: Surfais grants the Customer access to and use of the then-current version of the Service via the Internet. The Provider is only obliged to make available the most recent operational version of the Service at any given time.
2.3 Service Modifications: Surfais may make reasonable changes to the Service (e.g. to improve performance, add or adjust features, or comply with laws), provided such changes do not eliminate core features of the Service. We will inform you of material changes in a timely manner.
2.4 Third-Party Components: The Service relies on third-party AI platforms and data sources (e.g. OpenAI, Anthropic, Google, Perplexity, and search-results providers). The availability, behaviour, and output of those external services are outside Surfais’s control. If a third party ceases to provide a necessary component, materially changes its terms, or restricts our access, we will inform you and use reasonable efforts to find a suitable alternative. Surfais expressly reserves the right, at its reasonable discretion, to modify or replace the list of AI platforms and LLMs used in connection with the Service.
2.5 No Guaranteed Results: Unless explicitly agreed, Surfais does not guarantee specific outputs or results from using the Service. The Customer may provide input (e.g. brand details, prompts, competitor names, countries) to the Service (“Input”) and receives output based on that Input (“Output”; Input and Output together, “Content”). LLM responses are inherently variable and non-deterministic: the same prompt may produce different results at different times. Metrics produced by the Service are derived from sampled responses and are indicative, not exhaustive. The quality and usefulness of the Output depends substantially on the quality of the Input, and Surfais does not warrant that the Output will meet the Customer’s expectations.
3.1 Service Levels: The Provider aims to maintain a monthly availability of the Service of 99% at the delivery point (the network interface of the Provider’s hosting infrastructure). “Availability” means the Customer’s ability to access and use the main functions of the Service. Periods of scheduled maintenance, force majeure, and interruptions caused by the Customer or by third parties for whom the Provider is not responsible (including AI platform outages) shall not count as downtime.
3.2 Maintenance: Surfais may carry out maintenance of the Service and will use reasonable efforts to inform the Customer in advance of any associated usage restrictions.
3.3 Other Interruptions: Surfais queries third-party AI platforms to generate the data the Customer analyses. We do not control those platforms and do not warrant that the Service will be entirely error-free or uninterrupted, but we will use commercially reasonable efforts to promptly address material service issues.
4.1 Responsibilities: The Customer agrees to use the Service only for legitimate business purposes and in compliance with all applicable laws. You must keep your login credentials confidential and prevent unauthorised access to the Service, and you are responsible for the actions of users within your account. You are responsible for your Input and for your use of Content, including ensuring that it does not violate applicable law, regulatory requirements, or third-party rights, or these Terms. You represent and warrant that you have all rights, licences, and permissions needed to provide your Input to the Service, including in respect of any brand you configure for monitoring on behalf of a third party.
4.2 Prohibited Uses: You shall not (a) reverse-engineer, decompile, or disassemble the Service except to the extent permitted by law; (b) resell, sublicense, or provide the Service to third parties except as expressly permitted by your plan; (c) use the Service to build a competing product; (d) circumvent usage limits or access the Service by automated means other than documented interfaces; or (e) otherwise misuse the Service. In the event of a breach, Surfais is entitled to temporarily suspend or restrict your access (with reasonable notice where feasible) and/or terminate the contract for cause under Section 10.
5.1 Service IP: All intellectual property rights in the Service (including the software, algorithms, scoring methodologies, models, and documentation) are and remain the exclusive property of Surfais and its licensors. Surfais grants the Customer a limited, non-exclusive, non-transferable right to use the Service during the term of the contract for the Customer’s internal business operations (including, for agency customers, operations on behalf of the brands managed in their account), in accordance with these Terms.
5.2 Customer Data: The Customer retains all rights to the data, content, and materials that you upload or provide to the Service (“Customer Data”). By providing Customer Data, you grant Surfais a licence to process and use that data only to the extent necessary to perform the Service and fulfil our contractual obligations. Surfais will handle Customer Data in compliance with applicable data protection laws and our Privacy Policy. We will not use or share your Customer Data for other purposes without your consent. Upon termination and upon your request, we will delete or return Customer Data that remains stored with us, except to the extent we are legally required to retain it.
5.3 Aggregated Data: Surfais may use data generated by the operation of the Service in aggregated and anonymised form (e.g. global source-classification data and platform-level statistics that do not identify the Customer or any individual) to operate, benchmark, and improve the Service.
6.1 Fees: The Customer shall pay the fees for the Service as agreed at the point of order (e.g. per the pricing plans on our website). All prices are exclusive of VAT, which will be added at the applicable rate where required by law.
6.2 Invoicing, Payment, and Suspension: Fees are billed per the agreed billing cycle (e.g. monthly or annually in advance). Payment is collected via Stripe, our payment service provider, using the payment method you provide, unless otherwise agreed. Where invoices are issued for payment by bank transfer, payment is due within 14 days of the invoice date unless a different period is agreed in writing. If the Customer fails to pay on time, Surfais may charge statutory interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. Surfais also reserves the right, after giving a reminder and a reasonable grace period, to suspend access to the Service until overdue amounts are paid.
6.3 No Set-off Except for Uncontested Claims: The Customer may only set off counterclaims against Surfais’s payment claims if those counterclaims are undisputed by Surfais or have been finally determined by a court. The Customer shall not withhold or reduce payments by reference to any other claim. This does not limit your right to pursue claims for damages or other remedies separately.
7.1 Trial Access: From time to time, Surfais may offer access to the Service on a trial basis, free of charge, for a limited period determined by Surfais (“Trial Period”).
7.2 Scope: During the Trial Period, the Service is provided solely for evaluation purposes and may be subject to limitations on features, functionality, or usage as determined by Surfais at its discretion. The Service is provided during the Trial Period “as is”, and Sections 8 and 9 apply with the qualification that Surfais accepts no liability during the Trial Period beyond the mandatory minimum under Section 9.1.
7.3 Termination: Surfais may suspend or terminate a Trial Period at any time, with or without notice. At the end of the Trial Period, continued use of the Service is subject to the applicable subscription plan and fees.
8.1 Service Warranty: Surfais warrants that the Service will be provided with reasonable skill and care and will materially conform to its description on our website. Except as expressly set out in these Terms, and to the maximum extent permitted by law, all other warranties, conditions, and terms implied by statute or common law (including any implied terms of satisfactory quality or fitness for a particular purpose) are excluded.
8.2 Notification of Defects: The Customer shall notify Surfais without undue delay of any defects or disruptions of the Service upon discovery, describing them in a comprehensible manner. Surfais’s sole obligation in respect of a breach of the warranty in Section 8.1 is to use reasonable efforts to remedy the defect within a reasonable time. The Customer may not claim a reduction of fees or damages to the extent that Surfais could not remedy an issue due to delayed notification or lack of cooperation.
8.3 Exclusions: The warranty does not apply to insignificant impairments of the Service, to issues caused by the Customer’s Input, misuse, or systems, or to the content, availability, or behaviour of third-party AI platforms.
9.1 No Exclusion of Certain Liability: Nothing in these Terms excludes or limits Surfais’s liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under the law of England and Wales.
9.2 Excluded Losses: Subject to Section 9.1, Surfais shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any: (a) loss of profits, revenue, or anticipated savings; (b) loss of business or business opportunity; (c) loss of goodwill or damage to reputation; (d) loss or corruption of data (beyond Surfais’s obligation to maintain reasonable backups); or (e) indirect or consequential loss, in each case arising under or in connection with the contract.
9.3 Liability Cap: Subject to Sections 9.1 and 9.2, Surfais’s total aggregate liability arising under or in connection with the contract in any 12-month period shall not exceed the total fees paid by the Customer to Surfais in that 12-month period (or, if the contract has run for less than 12 months, the fees paid to date).
9.4 Officers and Agents: To the extent Surfais’s liability is limited or excluded under this Section 9, the same limitations and exclusions apply to the personal liability of Surfais’s officers, employees, agents, and subcontractors.
9.5 Indemnification by Customer: The Customer shall indemnify and hold Surfais harmless from any third-party claims arising out of the Customer’s unlawful use of the Service or breach of these Terms, to the extent the Customer is responsible for such breach.
10.1 Contract Term: The contract begins when the Customer accepts these Terms and registers an account or otherwise enters into an agreement for the Service. The term is as specified in your order (e.g. a monthly or 12-month subscription) or, if no specific term is agreed, the contract runs for an indefinite period.
10.2 Ordinary Termination: Either party may terminate:
Notice of termination must be given at least in writing (email is sufficient), or via the cancellation function in the Service where available.
10.3 Termination for Cause: Either party may terminate the contract with immediate effect for cause. Cause for Surfais includes, for example, the Customer’s serious breach of these Terms (such as misuse of the Service or persistent non-payment) that is not cured within a reasonable period after warning, or the Customer becoming insolvent or subject to an insolvency procedure. On termination for cause by Surfais, we may immediately suspend your access to the Service.
10.4 Effects of Termination: Upon termination or expiry of the contract, Surfais will deactivate the Customer’s account and cease providing the Service. Before or promptly after termination, the Customer may request an export of its Customer Data in a commonly used, machine-readable format. Surfais may delete Customer Data associated with the account after a short retention period following termination, except for data we must retain by law. Fees paid in advance for periods after termination will be refunded pro rata only where termination was due to an uncured breach by Surfais; otherwise there is no automatic refund for early termination of a fixed term. Clauses that by their nature are intended to survive (such as confidentiality, liability, and governing law) remain in effect after termination.
Upon written request, Surfais will provide the Customer with access to its exportable Customer Data (including relevant metadata) in a commonly used, machine-readable format, and will provide reasonable assistance to enable the Customer to migrate to another service or solution. Surfais may charge reasonable, cost-based fees for assistance going beyond standard export functionality.
12.1 Governing Law: These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them shall be governed by and construed in accordance with the law of England and Wales, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2 Jurisdiction: The courts of England and Wales shall have exclusive jurisdiction over all disputes arising from or in connection with these Terms. This clause does not limit either party’s right to seek interim injunctive relief in any appropriate jurisdiction where necessary.
Surfais may publicly refer to the Customer as a client for marketing and promotional purposes. In particular, Surfais may use the Customer’s name, logo, and general branding in reference lists, on its website, in presentations, and in other marketing materials (online and offline), provided this is done in a fact-based and appropriate manner. This right survives termination of the contract unless the Customer objects to such use in writing for legitimate reasons. Surfais will not disclose any confidential information of the Customer in this context.
14.1 Changes to Terms: Surfais reserves the right to modify or update these Terms for the future. For existing contracts, Surfais will notify the Customer in writing (e.g. by email) of proposed changes at least 30 days in advance. The changes shall be deemed approved if the Customer does not object in writing within the notice period; Surfais will specifically draw the Customer’s attention to this consequence in the change notice. If the Customer objects, each party may terminate the contract by notice effective before the changes take effect.
14.2 Entire Agreement: These Terms, together with any individual order or contract document referencing them and our Privacy Policy, constitute the entire agreement between Surfais and the Customer regarding the Service. There are no side agreements or representations other than those expressly recorded in writing. Amendments or additions must be made in writing (email confirmation is sufficient), unless a stricter form is required by law.
14.3 Severability: Should any provision of these Terms be or become invalid or unenforceable, the remaining provisions shall remain in effect. In place of the invalid provision, the parties shall agree a valid provision that most closely reflects the original commercial intent; failing such agreement, the relevant statutory provisions shall apply.
14.4 Assignment: The Customer may not assign or transfer the contract or any rights under it without Surfais’s prior written consent. Surfais may assign the contract to an affiliate or in connection with a merger, acquisition, or sale of business, with notice to the Customer.
14.5 Contact: Surfais Ltd, Suite RA01, 195-197 Wood Street, London, E17 3NU, United Kingdom, is the provider of the Service. For any questions or communications regarding these Terms, contact us at hello+privacy@surfais.com. Our Privacy Policy is available on our website.