End User License Agreement

This End User License Agreement (“EULA” or “Agreement”) is a legally binding agreement between you (“User,” “you,” or “your”) and Surf Platforms Inc., a corporation organized under the laws of the State of Delaware with its principal place of business in San Jose, California (“Company,” “Surf,” “we,” “us,” or “our”).

BY ACCESSING, DOWNLOADING, INSTALLING, OR USING THE SURF OR SURF SOCIAL APPLICATIONS, WEBSITES, APPLICATION PROGRAMMING INTERFACES, OR RELATED SERVICES (COLLECTIVELY, THE “PLATFORM”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA, OUR TERMS OF SERVICE, OUR PRIVACY POLICY, AND OUR COMMUNITY GUIDELINES. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.

If you accept on behalf of a company or other entity, you represent that you are authorized to bind it, and “you” refers to that entity. This EULA governs the licensing of the Surf software; the Terms of Service govern your broader use of the Platform. If they conflict on a software-licensing matter, this EULA controls.

Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the Surf application on devices you own or control, and to access the Platform, solely for your personal, non-commercial use.

All rights not expressly granted are reserved by the Company. This license is revocable at any time, consistent with this EULA and applicable law.

You may not, and agree not to allow any third party to: (a) copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Platform, except to the extent applicable law expressly permits despite this limitation; (b) remove, alter, or obscure any proprietary notices; (c) rent, lease, lend, sell, sublicense, distribute, or otherwise commercialize the Platform; (d) make the Platform available to multiple users except as designed; (e) use automated means (bots, scrapers, crawlers) to access the Platform or send automated queries without our express written permission; (f) use our intellectual property to build a competing or derivative product; (g) circumvent, disable, or interfere with security or access-control features; or (h) use the Platform other than as expressly permitted.

The Platform may automatically download and install updates, upgrades, patches, and new versions, which are subject to this EULA. Updates may modify, add, or remove features. You consent to these automatic updates, which help keep the Platform secure and functional, and you acknowledge that we are not obligated to provide updates or to continue supporting prior versions.

Certain features require an account. You are responsible for maintaining the confidentiality and security of your credentials and for all activity under your account. You agree to: create only one account per person (except as we permit); provide accurate and current information; keep your credentials secure; and promptly notify us at security@surfplatforms.com of any unauthorized use or security breach. We are not liable for losses arising from your failure to safeguard your account.

The Platform lets you create, post, and share content (“User Content”). You retain ownership of your User Content. We do not claim ownership of it.

To operate the Platform, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable (solely to our service providers and to other users as needed to provide the Platform) license to host, store, reproduce, modify (for formatting and feature purposes), create derivative works of (to enable features you use), publicly display and perform, and distribute your User Content in connection with operating, providing, securing, promoting, and improving the Platform.

This license continues only while your User Content is on the Platform. When you delete User Content or your account, the license ends within a commercially reasonable time, except for content shared with others who have not deleted it, residual backup copies retained for a limited period, and where retention is required by law or reasonably necessary for safety, security, or fraud prevention. We do not use your private content to train artificial-intelligence models without your consent.

You represent and warrant that you have all rights necessary to your User Content and to grant this license, and that your User Content does not violate any third-party right, this EULA, our Community Guidelines, or any law. We have no obligation to monitor User Content but may review, edit, refuse, or remove it consistent with our Terms and Community Guidelines.

If you provide suggestions or feedback about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use it for any purpose without obligation to you. You are not required to provide feedback, and feedback is not your confidential information.

The Platform and its contents, features, and functionality (including all software, source and object code, text, displays, images, video, audio, design, and the selection and arrangement thereof) are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade-secret, and other laws. Nothing in this EULA transfers any right, title, or interest in our intellectual property to you, except for the limited license expressly granted.

The Surf and Surf Social names, the Surf logo, and related names, logos, designs, and slogans are trademarks of Surf Platforms Inc. and may not be used without our prior written permission.

The Platform may include open-source or third-party software components that are licensed under their own terms. Those terms govern your use of those components and, to the extent required, take precedence over the conflicting terms of this EULA for those components only. Notices and licenses for such components are available on request or as included with the Platform.

The Platform may link to or integrate with third-party websites, services, content, or resources (“Third-Party Services”). We do not control and are not responsible for Third-Party Services, including their content, availability, accuracy, or privacy practices. Your use of Third-Party Services is at your own risk and subject to their terms. Inclusion of a link or integration does not imply endorsement.

In addition to the restrictions above, you agree not to use the Platform to: (a) engage in unlawful, fraudulent, deceptive, or harmful activity; (b) stalk, harass, bully, intimidate, or threaten anyone; (c) distribute malware or harmful code; (d) interfere with or disrupt the Platform or its systems; (e) attempt unauthorized access to the Platform, accounts, or connected systems; (f) collect or harvest user data without authorization; (g) impersonate the Company or others; (h) infringe intellectual-property or privacy rights; or (i) encourage or enable others to do any of the foregoing. These examples are illustrative, not exhaustive. Violations may result in immediate termination and may expose you to civil or criminal liability.

Certain features (branded “Surf Vision”) are designed to perform processing locally on your device and to minimize data transmitted to our servers. We do not warrant the accuracy, reliability, or completeness of any automated or AI-assisted output, including content classification, search, ranking, recommendations, scoring, or captions, and you should not rely on such output as professional advice.

Surf Vision is not designed to identify you from biometric identifiers (such as facial geometry or voiceprints), and we do not create a biometric template of you for identification. If any feature ever collects or uses biometric identifiers or biometric information as defined by applicable law (including the Illinois Biometric Information Privacy Act and similar Texas and Washington laws), we will first provide the legally required notice, obtain any required written consent, and publish a retention and destruction schedule before that feature is made available. You may decline such features.

Our collection and use of your information is governed by our Privacy Policy, incorporated here by reference. We make money from subscriptions, not advertising: we do not sell your personal information or share it for cross-context behavioral advertising. By using the Platform, you acknowledge the data practices described in the Privacy Policy. If you do not agree, do not use the Platform.

If you obtain the Surf app from a third-party app store or distribution platform (each, an “App Provider”), the following apply in addition to this EULA, and in the event of conflict the App Provider’s required terms control to the extent necessary.

Apple App Store. This EULA is between you and Surf Platforms Inc. only, not Apple. Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support. To the maximum extent permitted by law, Apple has no warranty obligation, and any claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple’s. Apple is not responsible for addressing any claims relating to the app, including product-liability, legal or regulatory non-compliance, or consumer-protection claims, or third-party claims that the app infringes intellectual-property rights. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and are not on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.

Google Play. Your use is also subject to the Google Play Terms of Service. You acknowledge that Google is not responsible for the app or this EULA. Similar provisions apply to any other distribution platform as required by its terms.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS WILL BE ACCURATE OR RELIABLE, OR THAT DEFECTS WILL BE CORRECTED. WE SPECIFICALLY DISCLAIM ANY WARRANTY REGARDING ON-DEVICE OR AI-ASSISTED PROCESSING RESULTS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SURF PLATFORMS INC. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS (THE “COMPANY PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, ARISING OUT OF OR RELATING TO THE PLATFORM, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THIS EULA OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS EULA EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to indemnify, defend, and hold harmless the Company Parties from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Platform; (b) your User Content; (c) your violation of this EULA, our Terms, or our Community Guidelines; (d) your violation of any law; (e) your violation of any third-party right; or (f) any access to or use of the Platform under your credentials. This obligation survives termination of this EULA.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A COURT AND JURY TRIAL. This Section mirrors, and is to be read consistently with, the dispute-resolution provisions of our Terms of Service.

Informal resolution first. Before starting arbitration, the parties agree to attempt informal resolution for at least 30 days after written notice to legal@surfplatforms.com (we will notify you at your account email).

Agreement to arbitrate. You and the Company agree that any dispute, claim, or controversy arising out of or relating to this EULA or the Platform (a “Dispute”) not resolved informally will be settled by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules (or Streamlined Rules where applicable), as modified here. The Federal Arbitration Act governs.

Carve-outs (mutual). Either party may bring a qualifying individual claim in small-claims court and may seek injunctive or equitable relief in court to protect intellectual-property or proprietary rights. The right to seek public injunctive relief in court is preserved and severed from arbitration to the extent any waiver of it would be unenforceable.

Procedure, mass arbitration, and opt-out. Arbitration is individual and conducted in English, by a single arbitrator, in Santa Clara County, California, or where you reside, or remotely at your election. We pay the fees the applicable JAMS consumer rules require. If 25 or more coordinated demands are filed, they will be resolved in sequential bellwether batches with tolling, supervised by a procedural arbitrator. You may opt out of arbitration within 30 days of first accepting this EULA by emailing legal@surfplatforms.com with your name, account, and a clear opt-out statement; opting out does not affect the rest of this EULA.

YOU AND SURF PLATFORMS INC. EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND THAT NEITHER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY.

This waiver does not apply to a claim for public injunctive relief, which is preserved as described above. If the class-action waiver is found unenforceable as to a claim or request, that claim or request is severed and decided in court while other claims proceed in arbitration; if the waiver is found wholly unenforceable, the agreement to arbitrate is null and void only as to the affected Disputes.

This EULA is effective upon your first access to or use of the Platform and continues until terminated. We may terminate this EULA and your access where we reasonably believe you have violated it, where required by law, or to protect the Platform or others, consistent with our Terms. You may terminate by deleting your account and ceasing use.

Upon termination: (a) the licenses granted to you end; (b) you must cease all use of the Platform; and (c) you must delete or destroy any copies of Platform software in your possession. Sections 6-9, 12, 13, and 15-24 survive termination.

You agree to comply with all applicable export, re-export, and sanctions laws, including the U.S. Export Administration Regulations, sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations. You represent that you are not located in, or a national or resident of, an embargoed or restricted jurisdiction, and are not on any U.S. Government restricted-party list, and that you will not use the Platform for any prohibited end use.

The Platform and related software are “commercial items,” “commercial computer software,” and “commercial computer software documentation” as defined in applicable Federal Acquisition Regulation and Defense FAR Supplement provisions. Any use, reproduction, or disclosure by or on behalf of the U.S. Government is subject to the restrictions in this EULA, consistent with FAR 12.212 and DFARS 227.7202.

We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, governmental action, utility or internet failures, cyberattacks, or failures of third-party providers or networks.

If any provision of this EULA is held unlawful, void, or unenforceable, it shall be enforced to the maximum extent permissible or severed, and the remaining provisions remain in full force. Our failure to enforce any right or provision is not a waiver, and any waiver must be in writing and signed by us to be effective.

This EULA, together with the Terms of Service, Privacy Policy, and Community Guidelines, is the entire agreement between you and the Company regarding the Surf software and supersedes all prior understandings. You may not assign this EULA without our prior written consent; we may assign it freely, including in a merger, acquisition, or sale of assets. This EULA binds and benefits the parties and their permitted successors and assigns.

This EULA and any Dispute are governed by the laws of the State of California, without regard to conflict-of-laws rules, and, for arbitration, by the Federal Arbitration Act. To the extent litigation is permitted, the state and federal courts in Santa Clara County, California have exclusive jurisdiction and venue, without depriving you of any mandatory consumer protection in your place of residence.

Questions about this EULA? Contact us at legal@surfplatforms.com.

Surf Platforms Inc., San Jose, California, United States.