These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with surgesend.com
about website and SurgeSend mobile application (the "Service") operated by SurgeSend ("us", "we", or "our"). Please read these Terms and Conditions carefully before using our website and SurgeSende mobile application (the "Service").Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may
not access the Service.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and
periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription
plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it
or SurgeSend cancels it. You may cancel your Subscription renewal either through your online account management page or by
contacting SurgeSend customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall
provide SurgeSend with accurate and complete billing information including full name, address, state, zip code, telephone
number, and a valid payment method information. By submitting such payment information, you automatically authorize
SurgeSend to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SurgeSend will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
SurgeSend may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial. br>
If you do enter your billing information when signing up for the Free Trial, you will not be charged by SurgeSend until the Free
Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically
charged the applicable Subscription fees for the type of Subscription you have selected. br>
At any time and without notice, SurgeSend reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii)
cancel such Free Trial offer.
SurgeSend, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee
change will become effective at the end of the then-current Billing Cycle. br>
SurgeSend will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to
terminate your Subscription before such change becomes effective. br>
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the
modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
1. SurgeSend provides the possibility to transfer digital files and share content up to a maximum total capacity.
2. Uploaded files are stored and available to download on SurgeSend for a limited period of time and will expire
automatically after. You will be notified of the expiration date in the confirmation email sent to you. Each transfer can be
sent to a limited number of email addresses per transfer. Each email is sent separately to each individual recipient.
3. After the expiry period mentioned in clause 2, Surge Send will permanently delete the uploaded files. These files will
not be available nor retrievable anymore.
4. In case the expiry date has not be chosen by the user, the data will be kept until the user doesn't delete it from their
account in case of paid users, in case of free users, the data will be deleted after 7 days.
5. If the license of a paid user expires, the data will be deleted after 60 days from the date of expiry of the account if they
chose to not renew their account.
You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you
submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license
includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and
license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your
password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach
of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade
mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is
otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the
exclusive property of SurgeSend and its licensors. The Service is protected by copyright, trademark, and other laws of both USA and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without
the prior written consent of SurgeSend.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by SurgeSend.
SurgeSend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party
web sites or services. You further acknowledge and agree that SurgeSend shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or
services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including
without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply
discontinue using the Service.
Limitation Of Liability
In no event shall SurgeSend, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect,
incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other
intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of
any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your
transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or
not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is
provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, non-infringement or course of performance.
SurgeSend its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or
available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other
harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of San Francisco California USA, without regard to its conflict of
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of
these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements
we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to
provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.