1. Acceptance
TL;DR — Installing the app or signing up = you agree to these terms. If you're signing for a company, you confirm you have authority.
These Terms of Service ("Terms") are a binding agreement between you (the merchant entity) and Onviqa Inc. operating Surfient ("we," "Surfient"). You accept them by installing the Surfient Shopify app, creating an account on surfient.com, or by clicking "I agree" during any sign-up flow. If you're signing on behalf of a company, you warrant you're authorised to bind that company.
2. The service
TL;DR — Surfient indexes your catalog for generative search and keeps it citable.
Surfient is a SaaS platform that makes Shopify catalogs discoverable by AI search engines (ChatGPT, Perplexity, Claude, Google AI Overviews). Core capabilities are described at surfient.com/features. Features and pricing evolve — we'll give 30 days' notice before a material reduction in what your plan includes.
3. Your account
TL;DR — Keep credentials safe, don't share them, tell us if something's off.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly at [email protected] if you suspect unauthorised access. You must be at least 18 years old and able to enter into binding contracts in your jurisdiction.
4. Acceptable use
TL;DR — Don't abuse the service, don't cloak or manipulate AI crawlers, don't submit content you don't have rights to.
You agree not to:
- use Surfient to manipulate or deceive AI search engines — including cloaking, keyword stuffing, or hallucination-inducing content (§4 of the Surfient Quality Principles);
- reverse-engineer, scrape, or bypass rate limits on the Shopify app or the surfient.com public APIs;
- submit content you don't have rights to (stolen product descriptions, third-party images, etc.);
- use Surfient in direct violation of export controls, sanctions, or applicable law.
Violations may result in suspension or termination without refund. We reserve the right to review audit logs on suspicion of abuse, limited to what's necessary to investigate.
5. Your content
TL;DR — You own it. You grant us a limited license to process it while you're a customer.
Your product catalog, pages, blog articles, and any other data you submit to Surfient ("Your Content") remain your property. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, and display Your Content as strictly necessary to deliver the service. This license terminates 90 days after your account is cancelled; Your Content is deleted at the end of that window unless you request immediate deletion.
We do not train, and do not permit our LLM subprocessors to train, any model on Your Content. See the Privacy Policy §8 for details on zero-data-retention LLM endpoints.
6. Fees, billing, refunds
TL;DR — Monthly or annual plans, billed in advance. Pro-rated refunds for mid-cycle downgrades; no refunds for cancellation mid-term on annual plans.
Fees are listed at surfient.com/pricing. For Shopify app installs, billing is managed through Shopify's Merchant Billing API. For direct contracts, billing runs through Stripe.
- Plans are billed monthly or annually in advance.
- Mid-cycle upgrades are pro-rated and charged immediately.
- Mid-cycle downgrades take effect at the next renewal; no retroactive credits.
- Cancellation during an annual term: no refund for the remainder, but access continues to term-end.
- Fees are exclusive of taxes; you're responsible for any VAT/GST applicable in your jurisdiction.
We reserve the right to adjust pricing with 60 days' notice. Existing annual contracts keep their rate until renewal.
7. Service level
TL;DR — 99.9% monthly uptime target. If we miss, we credit the affected month. Details in the DPA's SLA annex.
We target 99.9% monthly availability for the production Surfient service, measured by the health-check endpoints on our public status page. If we miss the target in a given calendar month, we apply a service credit of:
- 10% of that month's fee for 99.0–99.89% uptime;
- 25% for 95.0–98.99%;
- 50% for below 95.0%.
Planned maintenance (advertised at least 24 hours in advance) and force-majeure events don't count toward downtime. Service credits are your sole and exclusive remedy for SLA misses.
8. Termination
TL;DR — Either party can cancel with 30 days' notice. Free tier is instant. We can terminate immediately for serious breaches of §4.
You can cancel your subscription at any time from the admin panel. For monthly plans this takes effect at the end of the current billing period; annual plans continue to term-end.
We may suspend or terminate your account immediately if you materially breach these Terms — especially §4 (Acceptable Use) — and haven't cured the breach within 10 days of written notice. We'll delete your data on the retention schedule in the Privacy Policy §5, or sooner at your request.
9. Warranty disclaimer
TL;DR — We run the service carefully, but we can't promise specific rankings or AI visibility outcomes.
Surfient is provided "as is" and "as available." We make no warranty that AI search engines will cite your catalog, that any particular ranking or traffic change will result from using the product, or that the service will be uninterrupted or error-free. To the maximum extent permitted by law, we disclaim all implied warranties (merchantability, fitness for a particular purpose, non-infringement).
Nothing in this section excludes liability that can't be excluded under applicable law (e.g. consumer protection statutes, fraud, gross negligence).
10. Limitation of liability
TL;DR — Capped at fees paid in the prior 12 months. No indirect/consequential damages.
To the maximum extent permitted by law, our aggregate liability to you for any claim arising out of or related to the service is capped at the fees you paid us in the 12 months before the claim arose. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, or data — even if advised of the possibility.
This cap does not apply to: (a) your obligation to pay fees, (b) either party's indemnification obligations in §11, (c) either party's liability for willful misconduct or fraud, (d) liability that can't be limited under applicable law.
11. Indemnity
TL;DR — We indemnify you against third-party IP claims for Surfient itself. You indemnify us against claims arising from Your Content or your use that violates §4.
By us: we'll defend and indemnify you against any third-party claim that Surfient (as provided by us, and not modified by you) infringes that party's copyright, trademark, or trade secret.
By you: you'll defend and indemnify us against any third-party claim arising from (i) Your Content, (ii) your use of Surfient in violation of §4, or (iii) your breach of applicable law. Each party must give the other prompt written notice of a claim, reasonable assistance, and sole control over the defence and settlement.
12. Governing law & venue
TL;DR — Delaware law, federal courts in Delaware — unless you're in the EU/UK, in which case local consumer protections apply.
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Any dispute will be resolved in the state or federal courts sitting in Wilmington, Delaware. Nothing in this section limits the mandatory consumer protections available to you in the jurisdiction where you reside (in particular, EU/UK consumer statute).
13. General
TL;DR — Standard boilerplate: assignment, severability, notices, entire agreement.
These Terms are the entire agreement between us, superseding prior discussions. We may assign to a successor; you may assign only with our written consent. If a clause is unenforceable, the rest stands. Notices to us must go to [email protected]; notices to you go to the admin email on file.
Questions about these Terms?
Email [email protected].