Terms of Service

Welcome to surgemarketing.ai (the “Site”), operated by Surge AI, a service of Freshwall & Co Inc, a New York State S-Corp (“Surge AI,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of this Site, including any content, functionality, and services offered on or through it.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

1. Who We Are

Surge AI provides a white-label WhatsApp Business automation platform for small and medium businesses in Guyana. Surge AI operates as a distinct service line under Freshwall & Co Inc and is not affiliated with, endorsed by, or sponsored by WhatsApp or Meta Platforms, Inc. beyond standard API licensing relationships.

These Terms apply to your use of the Site itself: browsing, submitting forms, booking demos, and viewing content. They are separate from, and do not replace, the Surge AI Service Agreement signed by paying clients, which governs the actual delivery of automation services.

2. Eligibility

You must be at least 18 years old and have the authority to act on behalf of the business you represent to use this Site, submit an inquiry, or book a demo.

3. Use of the Site

You agree to use the Site only for lawful purposes. You will not:

• Submit false, misleading, or fraudulent information through any form, including the demo booking or pre-qualification survey
• Attempt to gain unauthorized access to the Site, our systems, or any connected platform (including our CRM sub-accounts or demo environments)
• Use the Site to transmit spam, malware, or any harmful code
• Scrape, copy, or reproduce Site content for commercial purposes without our written permission
• Interfere with the proper functioning of the Site, including any booking, form, or demo tools

We reserve the right to restrict or terminate access to the Site for anyone who violates these Terms.

4. Demo Bookings and Inquiries

Submitting a demo request, pre-qualification survey, or contact form does not create a binding service agreement or guarantee acceptance as a client. All demo bookings are subject to review and confirmation by our team. Providing accurate business information helps us serve you appropriately. Inaccurate information may delay or affect your ability to book a demo.

Any demonstration of the platform (including live WhatsApp automation examples) is for illustrative purposes only and does not constitute a binding commitment regarding specific features, pricing, or outcomes for your business until a signed Service Agreement is in place.

5. No Guarantee of Results

Marketing statements on this Site, including examples, case studies, projected outcomes, or testimonials, are illustrative and do not guarantee specific results for your business. Actual results depend on factors outside our control, including your industry, customer base, message volume, and how the platform is used.

6. Intellectual Property

All content on this Site, including text, graphics, logos, the Surge AI name and branding, screenshots, and design, is the property of Freshwall & Co Inc / Surge AI or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.

7. Third-Party Services and Links

The Site may reference or link to third-party services, including WhatsApp Business, Meta, and Stripe. We do not control these third-party services and are not responsible for their content, availability, terms, or policies. Your use of any third-party service is governed by that provider’s own terms.

8. Privacy

Information you submit through the Site (such as your name, business details, phone number, and email) is used to evaluate your inquiry, contact you about our services, and, where applicable, route you through our qualification and onboarding process. We do not sell your information to third parties. Our Privacy Policy describes this in full.

9. Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SURGE AI AND FRESHWALL & CO INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

This limitation does not apply to the separate Surge AI Service Agreement, which contains its own liability terms for paying clients.

11. Indemnification

You agree to indemnify and hold harmless Surge AI, Freshwall & Co Inc, and their officers, employees, and contractors from any claims, damages, or expenses arising from your misuse of the Site or violation of these Terms.

12. Changes to These Terms

We may update these Terms from time to time. Changes take effect when posted to this page, with the “Last Updated” date revised accordingly. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

13. Governing Law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-law principles. Any disputes arising from these Terms or use of the Site will be resolved through binding arbitration in New York, NY.

14. Contact Us

Questions about these Terms can be directed to:
Surge AI
Email: hello@surgemarketing.ai
Operating under Freshwall & Co Inc (New York State S-Corp)