Terms of Service

Last Updated: October 2025

Welcome to SurgeFunnels LLC ("SurgeFunnels," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, and products. By accessing our website or using our services, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE OUR SERVICES.

1. Services Overview

SurgeFunnels provides website development and lead engagement automation services ("Client Surge System") designed for independent service businesses. Our services include:

• High-converting website design and development
• Instant lead capture and engagement automation
• Review generation and reputation management systems
• Ongoing website maintenance and optimization
• Technical support and consulting

2. Acceptance of Terms

By accessing or using our services, you represent that:

• You are at least 18 years of age
• You have the legal authority to enter into this agreement
• You will comply with all applicable laws and regulations
• All information you provide is accurate and current

If you are accessing our services on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. Service Plans and Pricing

Case Study Program

What's Included:

• Complete Client Surge System build and setup
• High-converting website (HTML/CSS/JavaScript)
• Instant lead capture and 2-minute response automation
• Review generation and reputation management system
• Free hosting on our infrastructure
• Ongoing maintenance, updates, and technical support
• Weekly performance reporting

Domain and Hosting:

• You retain ownership of your domain name at all times
• We provide free hosting as part of your monthly service fee
• If you currently have hosting with another provider, you may transition to our hosting when your current plan expires
• You can retrieve your domain and transfer to another provider at any time upon request

4. Payment Terms

Case Study Trial Period:

• You will not be charged for the first 60 days of service
• You may cancel at any time during the trial period with no charges
• After 60 days, you will be billed $349/month unless you cancel

Billing and Payments:

• Monthly fees are billed on the same day each month after your trial ends
• Payment is due upon receipt of invoice
• Accepted payment methods will be communicated during onboarding
• Failed payments may result in service suspension after 7 days
• You are responsible for any bank fees, transaction fees, or currency conversion charges

Refund Policy:

• During the 60-day trial: Full refund if you are dissatisfied for any reason (no charges apply during trial)
• After trial period: Monthly fees are non-refundable, but we will work with you to address any concerns
• If you are unhappy with our service at any time, contact us to discuss a resolution
• Refunds for extenuating circumstances are handled on a case-by-case basis at our sole discretion

5. Service Requirements and Client Obligations

To use our services effectively, you agree to:

Provide Required Access:

• Domain registrar account access (to configure DNS settings)
• Current hosting account credentials (if applicable)
• Business email account access (for automation setup)
• Any other third-party accounts necessary for service delivery

Provide Business Information:

• Accurate business details, branding materials, and content
• Timely feedback and approval on designs and implementations
• Cooperation during the 14-day build and launch process

Maintain Eligibility:

• Your business receives at least 10+ inquiries per week through forms or email
• You operate a legitimate, legal business in compliance with all applicable laws
• You do not use our services for illegal, fraudulent, or harmful purposes

6. Intellectual Property Rights

Ownership of Website Code:

• During Active Service: SurgeFunnels retains ownership of all website code, design files, and proprietary systems
• After 6 Months of Paid Service: Upon request, you will receive the source code files (HTML, CSS, JavaScript) for your website
• For Case Study Clients: "Paid service" begins after your 60-day trial. 6 months of paid service equals approximately 8 months from your start date
• Ongoing Updates: While using our service, all website updates are handled by SurgeFunnels. You do not need direct access to code files

Your Content and Data:

• You retain all rights to your business name, logos, branding, content, and customer data
• By providing content to us, you grant SurgeFunnels a license to use, reproduce, and display your content for the purpose of delivering our services
• Upon service cancellation, we will provide you with exports of your lead data and website backups within 30 days

SurgeFunnels Intellectual Property:

• The Client Surge System methodology, automation frameworks, and proprietary processes remain the property of SurgeFunnels
• You may not reverse engineer, copy, or replicate our systems for use outside of your engagement with us
• Our logo, branding, and marketing materials are protected and may not be used without permission

Portfolio and Marketing Rights:

• We may feature your website and results as a case study in our marketing materials
• We may include your business name and logo in our client portfolio
• If you prefer not to be featured, please notify us in writing

7. Service Delivery and Timeline

Build Timeline:

• Complete Client Surge System delivered within 14 days of project kickoff
• Timeline depends on timely client feedback and approval
• Delays caused by client unavailability or lack of feedback may extend the timeline

Service Availability:

• We strive for 99.9% uptime but cannot guarantee uninterrupted service
• Scheduled maintenance will be communicated in advance when possible
• We are not liable for downtime caused by third-party services (hosting providers, DNS, email services, etc.)

8. Cancellation and Termination

Your Right to Cancel:

• You may cancel your service at any time by providing written notice to hello@surge-funnels.com
• Cancellation during the 60-day trial results in no charges
• After the trial period, you are responsible for the current month's fee. No future charges will apply
• Cancellation takes effect at the end of your current billing cycle

Account Closure Process:

Upon cancellation or termination:

• We will provide you with your website files (if eligible - see IP section above)
• We will export your lead data and provide it to you within 30 days
• Your domain remains yours and can be transferred to any provider
• Hosting on our infrastructure will cease after 30 days
• All automation systems will be deactivated
• We will delete your personal data within 30 days (subject to legal retention requirements)

Our Right to Terminate:

We reserve the right to suspend or terminate your service immediately if:

• You violate these Terms of Service
• Your account has unpaid invoices more than 30 days overdue
• You use our services for illegal, fraudulent, or abusive purposes
• You engage in conduct that damages our reputation or business
• We are required to do so by law

9. Limitation of Liability

Service Limitations:

While we work diligently to provide high-quality services, we cannot guarantee specific results, including but not limited to:

• Increased lead volume or conversion rates
• Revenue growth or return on investment
• Search engine rankings or website traffic
• Specific business outcomes

No Liability For:

• Third-Party Service Failures: We are not responsible for outages, failures, or issues caused by third-party services including hosting providers (Netlify/AWS), automation platforms (Make.com), email services, domain registrars, or any other external services
• Lost Leads or Business: We are not liable for any leads that are not captured, lost opportunities, or lost revenue
• Data Loss: While we maintain backups, we are not responsible for data loss due to technical failures, security breaches, or force majeure events
• Website Downtime: We are not liable for website downtime, slow performance, or technical issues beyond our reasonable control
• Integration Issues: We are not responsible for compatibility issues with your existing tools, software, or systems
• Client Errors: Any issues arising from incorrect information, delayed feedback, or actions taken by you or your team

Maximum Liability:

TO THE FULLEST EXTENT PERMITTED BY LAW, SURGEFUNNELS' TOTAL LIABILITY FOR ANY CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $500, WHICHEVER IS GREATER.

No Consequential Damages:

SURGEFUNNELS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Warranties and Disclaimers

Service "As-Is":

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Professional Service Standard:

We commit to providing our services with reasonable skill and care consistent with industry standards. However, we do not warrant that:

• Our services will be uninterrupted, error-free, or secure
• Results will meet your specific expectations or business goals
• Any errors or defects will be corrected within a specific timeframe
• Third-party integrations will function perfectly at all times

11. Indemnification

You agree to indemnify, defend, and hold harmless SurgeFunnels LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Content or information you provide to us
• Your business operations or customer interactions
• Any negligent or willful misconduct by you or your representatives

12. Dispute Resolution and Arbitration

Informal Resolution:

Before initiating arbitration or legal proceedings, you agree to contact us at hello@surge-funnels.com to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a fair resolution.

Binding Arbitration:

If we cannot resolve a dispute informally within 30 days, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved by binding arbitration, rather than in court, except as set forth below.

Arbitration Rules:

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Arbitration will take place in Chicago, Illinois, or remotely via video conference
• The arbitrator's decision will be final and binding
• Each party will bear its own costs and attorneys' fees unless the arbitrator decides otherwise

Small Claims Exception:

Either party may bring a claim in small claims court in Cook County, Illinois, if the claim qualifies for small claims court jurisdiction and remains in small claims court.

Class Action Waiver:

YOU AND SURGEFUNNELS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during our business relationship, including:

• Business strategies, financial information, and trade secrets
• Customer data and lead information
• Proprietary systems, methodologies, and processes
• Login credentials and access information

This obligation survives termination of our service agreement and continues indefinitely unless information becomes publicly available through no fault of the receiving party.

14. Acceptable Use Policy

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Distribute spam, malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or misleading practices
• Harass, abuse, or harm others
• Collect or store personal data without proper consent
• Interfere with or disrupt our services or servers
• Impersonate any person or entity
• Promote illegal products, services, or activities

Violation of this policy may result in immediate service termination without refund.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify active clients via email at least 30 days before material changes take effect
• Post the updated Terms on our website

Your continued use of our services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you may cancel your service as outlined in Section 8.

16. General Provisions

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

Entire Agreement:

These Terms, along with our Privacy Policy, constitute the entire agreement between you and SurgeFunnels regarding our services and supersede all prior agreements and understandings.

No Waiver:

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment:

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure:

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Survival:

Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution shall survive termination of these Terms.

17. Contact Information

If you have questions about these Terms or need to contact us regarding your service, please reach out:

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These Terms constitute a legally binding agreement between you and SurgeFunnels LLC.