Terms of Service

1. Acceptance of Terms

By accessing and using Surge ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you are a parent or guardian, you agree to these terms on behalf of your child.

The Service is provided by Surge ABN 12 345 678 901 ("we," "us," or "our") and is intended for educational purposes for children in Australian schools (Foundation to Year 8).

2. User Accounts and Registration

2.1 Account Requirements

• Users must be at least 5 years old (Foundation/Kindergarten)
• Children under 13 require a parent/guardian to create and manage their account
• Parents are responsible for all activity under their managed accounts
• One account per child; family plans allow up to 3 children

2.2 Account Responsibilities

• Maintain accurate and current account information
• Keep login credentials confidential and secure
• Notify us immediately of any unauthorized access
• Ensure responsible use by the registered child

3. Subscription and Billing

3.1 Subscription Plans

• Monthly: $29/month, billed monthly
• Annual: $279/year (equivalent to $23.25/month, save 20%)
• Family: $49/month for up to 3 children

3.2 Payment Terms

• Payment is processed via Stripe (secure third-party processor)
• Subscriptions auto-renew unless cancelled 7 days before the billing cycle
• All prices are in Australian Dollars (AUD) and include GST
• Refunds available within 14 days for technical issues

3.3 Cancellation

You may cancel your subscription at any time from your account settings or by contacting support. Access will continue until the end of your current billing period.

4. Acceptable Use

Users agree NOT to:

• Use the Service for any illegal purpose or in violation of Australian laws
• Attempt to bypass, disable, or modify any security features
• Share account access with multiple users
• Use automated tools, bots, or scripts to access the Service
• Attempt to interfere with, disrupt, or gain unauthorized access to our systems
• Use the Service to generate harmful, abusive, or inappropriate content
• Harass, threaten, or impersonate any person or entity
• Collect or store personal information about other users

We reserve the right to suspend or terminate accounts that violate these terms.

5. Intellectual Property

• Our Content: All materials on Surge including AI responses, questions, tutorials, graphics, and software are our intellectual property
• User Content: Users retain ownership of content they submit, but grant us a licence to use it for providing the Service
• Trademarks: "Surge", "Surge", and associated logos are our registered trademarks
• Restrictions: No copying, redistribution, or commercial use without written permission

6. Learning Content and Academic Integrity

• Surge provides educational assistance and should supplement, not replace, classroom learning
• We do not guarantee specific academic results or improvements in school grades
• Users should use the Service honestly; we provide tools to detect cheating but cannot guarantee prevention
• Our AI is designed to guide learning, not simply provide answers

7. Disclaimers and Limitation of Liability

7.1 Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages arising from your use of or inability to use the Service
• Any damages related to third-party services or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Surge and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your child's use of the Service

9. Termination

• By You: Cancel your subscription anytime via account settings or by contacting support
• By Us: We may suspend or terminate accounts for:
  • Violation of these Terms
  • Non-payment of fees
  • Inactivity for 12+ months
  • At our sole discretion with 30 days notice
• Effect of Termination: Access to the Service ends; data may be deleted within 30 days

10. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via:

• Email to the account holder
• Notice in the Service application
• Updated "Last updated" date

Continued use after notice constitutes acceptance of the new terms.

11. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

12. Contact Information

For questions about these Terms: