Surface Owl User Agreement
Last updated: 2025-11-02
By accessing or using the Services, you agree to be bound by this Agreement. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.
| ## 1) Acceptance of Terms | |
| 1.1 The Services Definition of the Surface Owl platform and what's included. |
### 1.1 The Services Surface Owl is a platform designed to empower people and enterprises with data-driven insights for decision-making. The "Services" means the Surface Owl platform, including our web-based application, data visualization tools, analysis features, APIs, and related documentation, as made available by us from time to time. |
| 1.2 Acceptance By clicking "Register", "Join Now", or similar, or by using the Services, you enter into a binding agreement with Surface Owl Inc. |
### 1.2 Acceptance By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Services. |
| ## 2) Accounts and Access | |
| You are responsible for maintaining account security and all activities under your account. | You must maintain the security of your account and credentials and promptly notify us of any suspected breach. You must comply with all applicable laws, use a strong, secure password, not share your account, and provide truthful information. |
| ## 3) Prohibited Uses | |
| You may not violate laws, reverse engineer the Services, interfere with operations, transmit malware, or engage in unauthorized access or competitive use. | You may not: - Violate law, third-party rights, or our policies - Reverse engineer, decompile, or attempt to derive source code except to the extent permitted by law - Access or use the Services to build a competing product - Interfere with or disrupt the Services or abuse rate limits - Transmit malware, spam, damaging or unlawful content - Attempt unauthorized access to any systems or data - Resell or sublicense the Services without written consent - Use the Services for high-risk activities where failure could lead to death or personal injury - Scrape or harvest data except as expressly permitted by us in writing |
| ## 4) Intellectual Property | |
| We and our licensors own the Services and all related intellectual property. You grant us a limited license to host and process your content. | We and our licensors own the Services and all related intellectual property rights. You may not use these marks without prior written consent. You retain ownership of any content you submit but grant Surface Owl a worldwide, non-exclusive, royalty-free license to use and reproduce your content solely to operate and improve the Services. |
| ## 5) Privacy and Third-Party Services | |
| Our Privacy Policy describes how we process personal data. We use third-party service providers to operate the Services. | Our processing of personal data is described in our Privacy Policy. We may use third-party service providers to help operate the Services. Enterprise customers who process personal data of EU/EEA residents may execute a Data Processing Agreement that meets GDPR Article 28 requirements. |
| ## 6) Your Content and Confidentiality | |
| You retain ownership of your content. | ### 6.1 Ownership You retain all rights to content and data you submit to the Services. You grant us a limited license to host, process, and display Your Content solely to operate and improve the Services. |
6.2 Confidentiality of Your Content
We will treat Your Content as confidential and will not disclose it to third parties, except as necessary to provide the Services.
We will use commercially reasonable security measures to protect Your Content from unauthorized access or disclosure.
6.3 Aggregated Data
We may create anonymized, aggregated statistics from Your Content.
6.4 Security and Compliance
We maintain commercially reasonable administrative, physical, and technical safeguards to protect Your Content.
6.5 Your Data Authorization Responsibilities
You represent that you have obtained all necessary rights, permissions, and authorizations to provide Your Content to the Services. |
| ## 7) Beta Features and Experimental Functionality |
| Beta features are provided "AS IS" for evaluation only, with no warranties or support obligations. | We may make available features labeled as "beta" for evaluation purposes only. Beta Features are provided "AS IS" with no warranties whatsoever. Use at your own risk. |
| ## 8) Warranties; Disclaimer |
| Services provided "as is" and "as available" with no warranties of any kind. | We provide the Services "as is" and "as available." We do not guarantee that the Services will be uninterrupted, error-free, or completely secure. |
| ## 9) Limitation of Liability |
| Neither party liable for indirect damages. | To the extent permitted by law, neither party will be liable for indirect, incidental, special, or consequential damages. Each party's total liability under this Agreement will not exceed the amounts paid or payable by you to us for the Services in the 12 months preceding the claim. |
| ## 10) Indemnification |
| You will defend and indemnify us from third-party claims arising from your content. | You will defend, indemnify, and hold us harmless from third-party claims arising from your content or your use of the Services in violation of this Agreement or law. |
| ## 11) Suspension and Termination |
| We may suspend or terminate for specific violations. | ### 11.1 Maintaining Platform Integrity
To protect the Services and our user community, we may need to suspend or terminate access in certain situations.
### 11.2 Your Termination Rights
You may terminate this Agreement at any time by closing your account.
### 11.3 Data Retrieval on Termination
Upon termination, you will have 30 days to retrieve your data from the Services.
### 11.4 Effect of Termination
Upon termination, your right to use the Services ceases immediately. |
| ## 12) Dispute Resolution |
| Informal resolution first, then binding arbitration in San Mateo County, California. | ### 12.1 Informal Process
Each party will attempt to resolve the dispute informally for 30 days.
### 12.2 Arbitration
Disputes will be resolved by binding arbitration administered by JAMS.
### 12.3 Opt-Out
You may opt out of arbitration by emailing us within 30 days of first accepting these Terms. |
| ## 13) Governing Law; Venue |
| California law governs. | This Agreement is governed by the laws of the State of California. For claims not subject to arbitration, the exclusive jurisdiction is in San Mateo County, California. |
| ## 14) California-Specific Notice (Civ. Code ยง1789.3) |
| California consumer rights notice with contact information. | California users of an electronic commercial service are entitled to a consumer rights notice. You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing or by telephone. |
| ## 15) Force Majeure |
| Neither party liable for delays due to events beyond reasonable control. | Neither party is liable for delay or failure to perform due to events beyond its reasonable control. |
| ## 16) Changes to Services or Terms |
| We may modify the Services and Terms. | We may update these Terms from time to time. Material changes will be effective 30 days after posting. |
| ## 17) Export Compliance |
| You represent you are not in a sanctioned country or on any denied party list. | You represent that you are not located in a country subject to US government embargo and will comply with all applicable laws. |
| ## 18) General Terms |
| Assignment restrictions, entire agreement, severability, and other standard provisions. | ### 18.1 Assignment
You may not assign or transfer this Agreement without our prior written consent.
### 18.2 Entire Agreement
This Agreement constitutes the entire agreement between you and Surface Owl regarding the Services.
### 18.3 Severability
If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable.
### 18.4 Waiver
No waiver of any provision of this Agreement will constitute a continuing waiver.
### 18.5 Relationship
The parties are independent contractors. |
| ## 19) Contact |
| For questions about this Agreement, contact us via email or mail. | Surface Owl, Inc.
Email: legal [at] surfaceowl [dot] com
Mail: Surface Owl, Attn: Legal, 3400 Cottage Way, Ste G2, Sacramento, CA 95825 USA |