Surge Terms of Service

1.Who we are, and what this covers

In plain English: Surge is a ClipSpeedAI product. Using it means you accept these terms. They sit on top of the main ClipSpeedAI terms, and where the two disagree about Surge, this document wins.

Surge ("Surge", the "Service") is an AI advertising-creative product operated by ClipSpeedAI ("we", "us", "our"), founded by Kyle White and operated from Florida, United States. These Surge Terms of Service (the "Terms") are a binding agreement between ClipSpeedAI and you, or the company you are signing up on behalf of ("you", "your").

By creating a Surge account, running the free demo, starting a trial, or using any part of the Service, you agree to these Terms. If you do not agree, do not use Surge.

If you accept these Terms for a company, you represent that you are authorised to bind that company, and "you" means that company.

1.1 How these Terms relate to ClipSpeedAI's other documents

ClipSpeedAI's general Terms of Service and its Privacy Policy continue to apply to your ClipSpeedAI account. These Surge Terms are additional and specific to Surge. Where a term in this document conflicts with the general ClipSpeedAI Terms of Service in relation to your use of Surge, this document governs.

Privacy is dealt with in a separate document, not here. The Surge Privacy Policy governs personal information in Surge; the ClipSpeedAI Privacy Policy governs it across the rest of the business. Neither is overridden by these Terms.

1.2 Surge and ClipSpeedAI are separate purchases

A Surge subscription is a separate product from a ClipSpeedAI clipping subscription. Buying one does not grant the other, does not consume the other's introductory trial, and cancelling one does not cancel the other. They are billed as separate subscriptions.

1.3 We wrote this in plain English on purpose

Every major section opens with a one-line summary in muted text. Those summaries are there to be read, not to be skipped past. If anything in this document is unclear, email legal@clipspeed.ai and we will explain it before you agree to it.

2.Definitions

In plain English: the words below mean exactly this, everywhere in this document, and nowhere are they redefined.

Account

Your ClipSpeedAI login with Surge enabled on it.

AI Character

A synthetic person generated by or for Surge. This covers both (a) the AI creators we ship in the Content Library, and (b) a character you create in the Influencer surface. An AI Character is not a real human being and is not a depiction of any specific real human being.

Ad

A single piece of advertising creative produced by Surge — a meme ad, a slideshow, a wall-of-text post or a creator-style post.

Content Library

The stock inventory Surge draws on to build Ads: creator clips, meme clips, background plates, AI creators, scene tags, templates, caption styles and the like. Part of the Platform Assets.

Credits

The internal unit consumed by generation actions that call a paid model on your behalf. See §7.

Demo

The free, no-card tier described in §6.1.

Download

Also called a save. The act of rendering an Ad to a finished video or image file and storing it in your account. Downloads are the metered unit on every plan.

Input

Everything you give us: your website URL, uploaded images and video, brand corrections, prompts, character descriptions, names, captions, notes and calendar entries.

Output

The Ads, images, renders, captions, scripts, characters, plans and other material Surge produces for you from your Input and the Platform Assets.

Plan

A paid Surge subscription tier — currently Starter, Pro or Ultra.

Platform Assets

Everything that makes Surge work and that is not your Input: the Content Library, the AI creators, the ad templates and layouts, the caption and typographic systems, the scoring and pattern data, our prompts, our models as configured, the software, and our trade marks. See §10.

Swipe

Viewing and accepting or rejecting a candidate Ad in the Surge feed. Swipes are metered separately from Downloads and are cheaper.

Trending Reference Content

Publicly posted third-party social content that Surge displays as a reference example of a format that is working. See §13.

Trial

The paid introductory period described in §6.2 — currently three days for $1.

3.Eligibility and your account

In plain English: you must be 18 or over and running a real business or marketing one. One account per person. Keep your login safe — what happens under it is treated as your doing.

3.1 Who may use Surge

You must be at least 18 years old and legally able to enter a contract. Surge is a commercial advertising tool and is not offered to consumers under 18. If you are using Surge for a company, agency or client, you must have authority to do so.

3.2 Availability

Surge is made available at our discretion. Access may be limited to selected accounts, regions or cohorts while the product matures, and a feature shown on our marketing pages may be labelled "coming soon" and therefore not yet available to you. Nothing labelled "coming soon", "beta" or "soon" is a promise that it will ship, or ship by any date.

3.3 Your account

• One account per person or business entity. Creating additional accounts to obtain further free Demo allowances, further introductory Trials, or additional Credits is a breach of these Terms and we may close every affected account.
• You are responsible for keeping your credentials secure and for everything done through your Account, whether or not you authorised it, except to the extent it results from our own breach of these Terms.
• Tell us at support@clipspeed.ai promptly if you believe your Account has been accessed without your permission.
• You must give us accurate registration and billing information and keep it current.

3.4 Sharing an account

You may let your own staff and contractors use your Account, and you remain responsible for what they do. You may not sell, rent, time-share or resell access to your Account, or operate Surge as a service for third parties who each have their own login, without a written agreement with us. Using Surge to produce Ads for your clients as an agency is expressly permitted — see §10.4.

4.What Surge does — and what it does not do

In plain English: Surge reads your website, writes ads, renders finished vertical video and image files, and posts them to accounts you have connected. It does not generate video with an AI video model, it does not hand you social accounts, and it does not set the platform's AI label for you.

4.1 What Surge does

• Brand scan. You give Surge a website URL. Surge fetches publicly available pages from that site and uses a language model to summarise what you sell, who buys it, how you talk, and who you compete with. You can correct that summary, and your correction takes precedence over a later automatic re-scan.
• Ad generation and the swipe feed. Surge composes candidate Ads for your business — meme ads, slideshows, wall-of-text posts and creator-style posts — which you accept or reject.
• Rendering. An accepted Ad is rendered to a finished 9:16 file with captions burned in, by compositing Content Library footage, background plates and your copy.
• Your Library. You can upload your own images and video into a media bank and use them in Ads.
• AI characters. You can create persistent AI Characters by generating a base image, uploading your own photograph, or choosing from a gallery we host.
• AI Studio. Text-to-image generation for one-off assets.
• Trending reference. A browsable feed of real public posts that are performing in your industry, shown as structural reference — see §13.
• Calendar and publishing. You assign Ads to days, and Surge posts them for you at the time you set, to the social accounts already connected to your ClipSpeedAI account. See §14 — it is the clause that matters most about this feature.
• Measurement. For ads Surge published, Surge reads back the platform's own view, like and comment counts, and records which creative was used so it can tell you which kinds of ad performed. See §14.7.

4.2 What Surge does not do

These are stated as flatly as possible, because a marketing page and a contract should agree:

If we later add any of these capabilities, we will say so in the product and update these Terms under §22. Until then, do not rely on them.

4.3 The Content Library, and why its size changes

As at the date of these Terms the Content Library includes, approximately: 30 AI UGC characters, 93 real creator clips, 331 meme clips and 7,482 background plates, alongside a corpus of approximately 4,404 public TikTok posts used for pattern analysis (§13). These figures are a description of the library on the date above, not a contractual commitment. We add, retire and replace assets continuously; the live figures are shown in the product. We do not guarantee that any specific asset will remain available.

5.Your Input, your Library, your uploads

In plain English: what you upload stays yours. But you have to actually have the right to upload it — especially if it shows a real person — and you give us just enough of a licence to run the product for you.

5.1 You keep ownership

You retain all right, title and interest in your Input. We claim no ownership of it.

5.2 The licence you give us

You grant ClipSpeedAI a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, transcode, resize, analyse, index and display your Input, and to create derivative works of it, solely for the purposes of: (a) operating and providing the Service to you; (b) generating your Output; (c) storing and delivering your files; (d) security, abuse prevention and debugging; and (e) complying with law. This licence exists so the product can function; it is not a licence to publish, syndicate, sell or advertise with your material.

The licence ends when you delete the Input or your Account, except for (i) copies retained in routine backups until they are cycled out, and (ii) anything we are legally required to retain. We will not use your Input in our marketing without asking you first, in writing, and getting a yes.

5.3 What you promise about your Input

You represent and warrant, for every piece of Input, that:

• You own it, or hold all rights and permissions necessary for us to process it and for you to use the resulting Output as you intend — including copyright, trade mark, moral rights and database rights.
• If it shows or is derived from a real identifiable person, you have that person's documented, informed and current consent to the use you are making, including any use in paid advertising, and including any use of their name, voice, image, likeness or persona. Where the person is a minor, you have the consent of a parent or guardian.
• You are entitled to have us fetch and analyse the website URL you submit for the brand scan, and doing so does not breach that site's terms.
• It does not infringe anyone's rights, is not unlawful, and does not fall within §11.

5.4 Likeness of real people, generally

Right-of-publicity and likeness law in the United States is set at state level and varies. Some states protect a person's likeness after death. Several states now regulate synthetic replicas of a real performer's voice or image specifically. You are responsible for clearing the likeness you use, in every jurisdiction where your Ad will run. If you cannot document consent, do not upload the image.

5.5 Limits

Uploads are subject to type, size and volume limits shown in the product. Files must be one of the accepted formats, and we determine the file type from its actual bytes rather than its name or the header your browser sends. We may refuse or remove an upload that fails these checks, and we may apply reasonable storage limits with notice.

6.Plans, the free demo, the $1 trial, billing and refunds

In plain English: free demo, then $1 for three days, then it becomes the monthly plan you chose. It renews automatically until you cancel. Cancel any time; we will look at a refund request within 7 days of a charge on its merits.

6.1 The free Demo

The Demo requires no credit card. It gives you 10 Ads per day and 1 Download per day, for 3 days from the day you start it. When the 3-day window ends, or when you exceed a daily allowance, the Demo stops and you are shown the paid options. Demo allowances do not roll over, are not transferable, and are one Demo per person or business.

Files you downloaded during the Demo remain yours under §8. We do not retroactively revoke them.

6.2 The $1 Trial, and what happens on day 3

The $1 Trial is available once per Account. If you have already used it, checkout proceeds at the full Plan price rather than failing. The Plans on which a Trial is offered are shown to you at checkout and may not be every Plan.

6.3 Prices and what each Plan includes

Prices as at the date of these Terms, in US dollars, billed monthly:

Allowances are per day and do not roll over. An unused day is gone. Any monthly figure we quote in marketing is derived from the daily allowance and is a description of what the daily limit produces, not a separate monthly pool you can spend in one sitting.

Editing and re-rendering an Ad you have already saved does not consume a further Download. Downloads on paid Plans are delivered without a Surge watermark. Preview material shown inside the Content Library browser may be watermarked and reduced in resolution; previews are not licensed for use — only rendered Output is.

The live prices and allowances are those shown on the Surge pricing page and at checkout at the time you buy. If this table and the checkout page ever disagree, the price presented to you at checkout, and confirmed in your receipt, is the price that applies.

6.4 Payment

• Payments are processed by Stripe. We do not receive or store your full card number, security code or bank credentials. We see a customer reference, the card brand and last four digits, and the subscription status.
• You authorise us and Stripe to charge your payment method for all amounts due, including the Trial charge, each renewal, and applicable taxes.
• Prices are exclusive of sales tax, VAT, GST and similar taxes, which will be added where we are required to collect them.
• If a charge fails, we may retry it and may suspend or downgrade access until it succeeds. You remain responsible for amounts properly owed.

6.5 Price changes

We may change Plan prices. We will give existing subscribers at least 30 days' notice by email before a price change takes effect for them. A price change never applies to a period you have already paid for. If you do not accept a new price, cancel before it takes effect.

6.6 Refunds

Our position, and it is deliberately the same as ClipSpeedAI's:

• We consider refund requests on their merits within 7 days of the charge. Email support@clipspeed.ai with your account email and what went wrong. We are not trying to keep money from someone the product did not work for.
• Outside that 7-day window, subscription charges are generally non-refundable, and we do not pro-rate a partly used month on cancellation.
• Credits are non-refundable — see §7.
• If we make a material adverse change to these Terms and you cancel before it takes effect (§22), we will refund the unused portion of your then-current period.
• If we terminate your Account for our own convenience under §19.3, we refund the unused portion of your then-current period.
• We do not refund a period in which your Account was terminated for breach of §11.
• Nothing here limits any refund or cancellation right you have under consumer protection law that cannot be waived by agreement. Where such a right applies, it applies in addition to this clause.

6.7 Chargebacks

Please contact us before disputing a charge with your bank; most disputes are a misunderstanding we can resolve faster than the card networks can. We may suspend an Account with an open chargeback until it is resolved. Filing a fraudulent chargeback is a breach of these Terms.

7.Credits

In plain English: credits are a licence to use paid generation, not money. They have no cash value, are not refundable, and disappear with your account. Browsing costs nothing; generating costs credits.

7.1 What Credits are

Credits are licensed to you, not sold. A Credit is an internal accounting unit that permits one unit of paid generation inside Surge. A Credit is not currency, not a security, not a stored-value or gift instrument, and not redeemable for cash. Credits have no cash value, cannot be transferred between accounts, cannot be sold or exchanged, and cannot be combined with another person's balance.

7.2 How you get them, and whether you can buy more

Every Account receives a one-time free grant of 10 Credits. There is currently no way to purchase additional Credits, and the product will tell you so rather than opening a checkout that does not work. If we introduce Credit purchases, the price, the pack sizes and any expiry will be disclosed at the point of purchase before you pay.

7.3 What consumes them

The action is priced by our server, not by your browser, so a modified request cannot get a paid generation for less. As at the date of these Terms:

Consumption varies with what an action costs us to compute. The prices above may change as models, providers and resolutions change. We will give at least 30 days' notice by email and in-app before increasing the Credit cost of an existing action. A decrease may take effect immediately.

7.4 Failed generations

If a paid generation is charged and then fails, we return the Credits automatically. If the automatic return does not succeed, the product says so instead of hiding it — contact support@clipspeed.ai and we will restore the balance by hand. Repeating a request with the same idempotency key returns the original result rather than charging you twice, for as long as that request remains in your recent Credit ledger.

7.5 Expiry, non-refundability, and the end of your Account

• Credits are non-refundable and are not exchangeable for a refund of a subscription charge.
• Credits do not roll over into anything, and do not accrue interest or value.
• Credits do not currently expire on a fixed schedule. If we introduce an expiry, we will give at least 30 days' notice, and any expiry will apply only to Credits granted after the notice period ends.
• Credits are extinguished when your Account is closed or terminated, for any reason. There is no payout.
• We may adjust a balance to correct an error, a duplicate grant, or Credits obtained through abuse of the Demo, the Trial or a promotion.

8.Output: ownership and licences

In plain English: the ads you make are yours to use commercially. But they are built partly from our library, so §10 still applies to those parts — and somebody else's ad may legitimately come out looking similar to yours.

8.1 You own your Output

Subject to §8.2 and §10, as between you and ClipSpeedAI, you own the Output you generate. To the extent any right in the Output would otherwise vest in us, we assign it to you on creation. You may use, modify, reproduce, distribute, publish and monetise your Output commercially, including in paid advertising and including on behalf of your clients.

We do not require attribution, and Downloads on paid Plans carry no Surge watermark.

8.2 What you do not get

• Not the underlying Platform Assets. Owning an Ad does not give you ownership of the creator clip, background plate, AI Character, template, font or caption system inside it. Those remain ours or our licensors', licensed to you under §10 only as embedded in that Ad.
• Not exclusivity. Output is generated from shared inventory and shared models. Other customers may receive Output that is similar or in places substantially similar to yours, including the same clip, the same plate, the same character or a comparable script. We do not promise that any Output is unique to you, and we will not withdraw an asset from other customers because you used it.
• Not a warranty of originality or non-infringement. See §9.
• Not a trade mark. Nothing here grants you rights in the Surge or ClipSpeedAI names, logos or trade dress.

8.3 The licence you give us in Output

We need the same operational licence in Output as in Input under §5.2 — to store it, render it, deliver it to you and show it back to you in your account — and nothing more. We do not publish your Ads, sell them, or use them in our own marketing without your written permission.

8.4 Access to your files

Your rendered files remain available while your Account is active. On termination, see §19.4. Download and keep your own copies of anything you care about. We are not a backup service and do not warrant retention.

9.AI and synthetic media

In plain English: the output is generated by statistical models. It can be wrong, it can look like something else, nobody at ClipSpeedAI reads it before you do, and you are the one who has to check it before it goes live.

9.1 Output is probabilistic

Surge uses generative artificial intelligence — language models and image models, some operated by third parties. Those models are probabilistic. The same Input can produce different Output on different runs, and Output may be inaccurate, incomplete, outdated, internally inconsistent, stylistically odd, or simply wrong about your business. Surge summarises your website by machine reading; that summary may misstate what you sell. Correct it in the product before you rely on it.

9.2 We do not warrant originality, uniqueness or non-infringement of Output

Generative models produce material by pattern, not by copying a source you can point to — but no provider can guarantee that a given output resembles nothing in the world. We make no warranty that Output is original, novel, unique to you, free of third-party rights, or safe to use in any particular jurisdiction or on any particular platform. Clearing the Output for the use you intend is your responsibility (§12), and we recommend you take your own advice for anything high-stakes.

9.3 Unintentional resemblance to real people

The same applies in reverse: if you describe an AI Character in terms that are intended to reproduce a specific real person, that is your deliberate act and §11 prohibits it.

9.4 No moderation warranty

We operate automated safeguards and act on reports, but we do not review every generation, and we do not warrant that Output will be free of offensive, biased, inaccurate, unsafe or otherwise objectionable material. Surge is not a content-moderation service and its safeguards are not a substitute for your own review. A human being on your side must look at every Ad before it is published. We may nevertheless refuse a generation, block a prompt or remove Output that breaches §11, and doing so once does not oblige us to do it every time.

9.5 Third-party model providers

Surge sends prompts and, where relevant, your Input to third-party model providers to produce Output. We do not train models on your Input, and we do not enrol your content in any provider's model-training programme. Those providers process the data under their own terms as our subprocessors; the current list is maintained in the Surge Privacy Policy. A provider outage, rate limit, refusal or change may make a feature slow, degraded or temporarily unavailable, and that is not a breach of these Terms.

9.6 Scores, patterns and predictions are estimates

Any score, ranking, "what is working" signal or pattern insight Surge shows you is a statistical estimate derived from observed data. It is not a prediction of your results and not advice. It carries no guarantee.

9.7 AI-specific responsibilities

Schedule A sets out, line by line, which AI-related obligations are ours and which are yours. Read it — it is part of these Terms.

10.Platform Assets and the AI Character licence

In plain English: our characters, clips, plates and templates are the product. You get to use them inside ads Surge builds — for your business and your clients — and that is all. No extracting them, no using them elsewhere, and absolutely no training a model on them.

10.1 Ownership

All Platform Assets are and remain the exclusive property of ClipSpeedAI or its licensors, including all intellectual property rights in them. Nothing in these Terms transfers ownership of any Platform Asset to you. The AI creators in the Content Library are our core commercial asset, and this clause is the reason they can be offered to you at all.

10.2 The licence we grant you

While your Account is in good standing, we grant you a limited, non-exclusive, non-transferable, non-sublicensable (except under §10.4), revocable, worldwide licence to use the Platform Assets solely as they are incorporated into Output generated by Surge, for the purpose of advertising and promoting your own business or that of your clients.

That licence, once an Ad is rendered, is perpetual for that rendered Ad: an Ad you downloaded while subscribed does not stop being usable because you later cancel. What ends with your subscription is the right to produce new Output.

10.3 What you may not do with a Platform Asset

You may not, and may not permit anyone else to:

• Extract, isolate, scrape, rip, screen-record, reverse-engineer or otherwise separate a Platform Asset from the Output it is embedded in, or obtain it other than through the normal operation of the Service.
• Use a Platform Asset outside Surge Output — including in another editor, another AI tool, another advertising platform's creative studio, a stock library, a template pack, or your own product.
• Use any Platform Asset — and in particular any AI Character or creator clip — as training data, reference material, conditioning input, style source or seed for any machine learning model, fine-tune, LoRA, embedding, checkpoint, avatar system or derivative character. This prohibition is absolute and survives termination.
• Resell, sublicense, rent, lend, redistribute or make a Platform Asset available as a standalone asset, whether or not for a fee.
• Register or attempt to register any Platform Asset, or anything confusingly similar, as a trade mark, design or copyright in your own name.
• Represent that an AI Character is a real person — a real customer, a real employee, a real user, a real reviewer, a real medical or financial professional, or a real endorser. See §12.
• Use a Platform Asset in a way our own upstream licences prohibit. Our real-footage clips are licensed from third-party stock sources, and those licences typically prohibit portraying an identifiable person in a way that is offensive or defamatory, or in a way that implies that person endorses a product, a cause, a candidate or a controversial subject. Those restrictions pass through to you.
• Use a Platform Asset in any content prohibited by §11.

10.4 Agencies and client work

If you are an agency, you may deliver Output containing Platform Assets to your client and your client may use and publish that Output for its own advertising. The licence in §10.2 stays with you, not with your client, and does not entitle your client to produce further Output, to receive the underlying assets, or to use them anywhere else. You are responsible for your client's compliance with §10.3 and §11 in relation to the Output you deliver.

10.5 Characters you create

An AI Character you create in Surge is a mixture: the traits, name and description are your Input; the generated base image is Output that you own under §8.1; and any Platform Assets used to produce or present it remain ours under §10.1. A character created by uploading your own photograph is your Input throughout, and §5.3 governs it. A character created by choosing a face from our gallery is a Platform Asset — naming it and describing it does not make it yours, and §10.3 applies to it in full.

10.6 We may change the library

We may add, modify, retire or replace any Platform Asset at any time, including for legal, licensing or quality reasons. Output you have already rendered and downloaded is not affected. We are not obliged to keep any asset available, and retirement of an asset is not a refundable event.

10.7 Feedback

If you send us suggestions or feedback, we may use them freely and without obligation. You are not required to send us feedback, and doing so gives you no claim on anything we build.

11.Acceptable use

In plain English: do not use Surge to make anything illegal, deceptive, sexual, hateful, or impersonating a real person. Do not attack the service or try to get around its limits.

11.1 Prohibited content

You must not use Surge to generate, store or distribute content that:

• Is unlawful, or promotes or facilitates unlawful activity.
• Sexualises minors in any way, or depicts any minor in a sexual or suggestive context. This is reported to the authorities and results in immediate, permanent termination.
• Is sexually explicit or pornographic, or depicts graphic violence or gore.
• Harasses, bullies, threatens, defames or incites violence against any person or group.
• Promotes hatred or discrimination on the basis of a protected characteristic.
• Impersonates a real person, brand or organisation, or creates a synthetic depiction of a real, identifiable person without their documented consent — including "deepfake" depictions of public figures, political candidates, celebrities, or your competitors' staff.
• Fabricates a testimonial, review, endorsement, case study, result or credential (§12).
• Makes health, medical, financial, income, earnings, investment or legal claims you cannot substantiate with competent and reliable evidence.
• Advertises a product or service you are not lawfully permitted to advertise, or that is prohibited on the platform you schedule it to.
• Is scheduled to an account you do not own or are not authorised to post to, or is used to operate a network of accounts in breach of a platform's rules on spam, automation or inauthentic behaviour.
• Infringes any copyright, trade mark, patent, trade secret, moral right, right of publicity or privacy right.
• Contains malware, or is designed to phish, defraud or deceive.

11.2 Prohibited conduct

• Attempting to access another customer's data, account or files.
• Probing, scanning or testing the security of the Service other than under §15.7.
• Reverse-engineering, decompiling or attempting to derive our prompts, model configuration, scoring logic or source code, except where that right cannot be excluded by law.
• Automated scraping, bulk extraction, or use of the Service by a bot other than through an interface we publish for that purpose.
• Circumventing rate limits, Download caps, Credit costs, the Demo window or the paywall, including by creating multiple Accounts.
• Interfering with, overloading or degrading the Service or anyone else's use of it.
• Reselling, white-labelling or embedding the Service without a written agreement with us.
• Using the Service to build, train, evaluate or benchmark a competing product.

11.3 Enforcement

We may investigate suspected breaches and may remove content, refuse a generation, limit a feature, suspend or terminate an Account, and report unlawful activity to the authorities. Where the breach is not severe and is capable of being fixed, we will normally tell you and give you a reasonable chance to fix it before terminating. Where it is severe — child sexual abuse material, credible threats, an active attack on the Service, or fraud — we act immediately and without notice.

12.Advertising law and the FTC Endorsement Guides

In plain English: you are the advertiser and the law treats you that way. An AI creator is not a real customer. If your ad could make someone think a synthetic person is a real one giving a real opinion, say plainly that it isn't.

12.1 You are the advertiser

Surge is a creative production tool. You — not ClipSpeedAI — are the advertiser responsible for every claim in every Ad you publish. We do not review your Ads for legal compliance, and nothing in the product should be read as approval of a claim.

12.2 The rules that apply to your Ads in the United States

Without limiting §12.1, you are responsible for complying with, at minimum:

• Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices in commerce. Every express and implied claim in your Ad must be truthful and substantiated before it runs.
• The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255). These are the ones that bite hardest for an AI-UGC tool, and §12.3 spells out what they mean here.
• The FTC's rule on consumer reviews and testimonials, which addresses fake and AI-fabricated reviews, testimonials and endorsements.
• State consumer-protection and unfair-or-deceptive-practices statutes, and state laws on synthetic media, digital replicas, political advertising disclosure and the right of publicity — these vary by state and several are new.
• Sector rules where they apply: health and supplement claims, financial, credit, lending and investment promotion, weight loss, earnings and business-opportunity claims, alcohol, firearms, gambling, real estate, legal and medical services.
• The advertising and community policies of every platform you post to, including any requirement to label AI-generated or digitally altered content. Surge does not set that platform label for you, even on posts it publishes on your instruction — see §14.6.
• If you use Output in email or messaging, the CAN-SPAM Act and the TCPA.
• Where your Ads reach people outside the United States, the equivalent local advertising and consumer laws.

12.3 AI creators, endorsements and disclosure — the specific rule

12.4 Substantiation and results claims

Any performance, results, earnings, health or savings claim in your Ad must be supported by competent and reliable evidence you hold at the time the Ad runs. Depicting a result as typical when it is not, or using a generated "before and after", is deceptive. Nothing Surge produces constitutes substantiation.

12.5 Our own claims

We hold ourselves to the same standard. Where our marketing states a figure, that figure is measured. Where a capability is not yet built, we label it. If you believe something on a ClipSpeedAI or Surge page is inaccurate, tell us at legal@clipspeed.ai and we will correct it or take it down.

13.Trending Reference Content and takedowns

In plain English: we show you other people's public posts as examples of formats that work, with their name and a link. We never turn their post into your ad, and their view counts are never presented as yours. If it's your post and you want out, email us.

13.1 What we display and why

Surge maintains a corpus of publicly posted third-party social content — approximately 4,404 public TikTok posts as at the date of these Terms, observed on 29 July 2026 — and analyses it to identify the structures that perform: hooks, pacing, framing, format. Surge displays individual posts from that corpus as reference so you can see what a working format looks like in your industry.

13.2 The rules we apply to it

• Attribution is mandatory. Every reference item is displayed with the original author's handle and a link to the original post on the original platform.
• We may cache and display a single still frame or thumbnail from a post so the reference card is recognisable. We do not rehost the underlying video as a piece of content you can download or publish.
• Engagement counts belong to the original author. They are the platform's own observed figures for someone else's post, they are labelled as third-party, and they are never shown in a position that could read as your result. They are never fed into a generation prompt, because a model shown a large number will imitate it and it will reach a customer as a claim.
• A third-party post is never republished as your Ad. When you "remix" a reference, Surge borrows the structure and builds a new Ad from your business and our Content Library. It does not copy the original creator's footage, script or voice into your Ad.

13.3 Your obligations

Reference content is shown to you for analysis and inspiration. You must not download, copy, re-upload, re-cut or republish a third-party post you saw in Surge. Borrowing a format is ordinary practice; copying someone's specific creative expression is infringement, and it is your infringement, not ours.

13.4 Takedown and removal requests

13.5 Copyright notices (DMCA)

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. Send notices to legal@clipspeed.ai, including: your signature (electronic is fine); identification of the copyrighted work; identification of the material claimed to infringe and where it is; your contact details; a statement that you have a good faith belief the use is not authorised; and a statement, under penalty of perjury, that the information is accurate and you are authorised to act for the owner.

We will remove or disable access to material that is the subject of a valid notice, notify the affected customer, and accept a counter-notice containing the elements required by 17 U.S.C. §512(g). We terminate the accounts of repeat infringers. Where an Ad has already been published to a platform by Surge, removing it from our systems does not remove it from that platform — a notice about a live post generally needs to go to the platform hosting it as well.

14.Publishing, connected accounts and measurement

In plain English: when you put an ad on a day, Surge actually posts it — to the accounts you already connected to ClipSpeedAI. It tries three times, never posts the same plan twice, and tells you on the day itself if it failed. It does not tick the platform's "AI-generated" box for you, and it reads back the view and like counts on what it posted.

14.1 What Surge posts, and where

Surge publishes to TikTok, Instagram, YouTube, X and LinkedIn, through the same delivery service ClipSpeedAI uses for its own scheduling. The set of platforms may change as those services change; the platforms available to you are the ones the product offers at the time you plan the post.

14.2 Whose accounts, and whose credentials

This distinction matters, so it is stated exactly:

• Surge posts using the social connections already attached to your ClipSpeedAI account. Those connections are part of the ClipSpeedAI platform layer and are shared with the clipping product. You create them in Settings → Integrations.
• Surge does not operate its own sign-in flow and does not keep its own store of your social credentials. It asks the ClipSpeedAI layer which of your accounts is connected for a platform, at the moment of posting, and hands the ad to the delivery service.
• Because the connection is resolved at publish time rather than when you planned the post, reconnecting an account between planning and posting is safe — Surge uses the current connection, never a stale one.
• Connecting, maintaining and revoking those accounts is yours to do. Revoking a connection stops Surge posting to it. If no account is connected for the platform a plan names, that plan does not go out, and the day says so.
• Handling of the credentials themselves is governed by the ClipSpeedAI Privacy Policy and, for Surge, the Surge Privacy Policy.

You authorise us to post the Ads you schedule, to the accounts you have connected, at the times you set, until you cancel the plan, disconnect the account, or turn the feature off.

14.3 How delivery behaves — including when it fails

• Never twice. A plan is claimed before it is sent, so two overlapping delivery runs cannot both publish it. Surge is built not to post the same plan to your audience twice.
• Up to three attempts. A failure that might clear on its own — an account not yet connected, an ad still rendering — is retried. A failure that cannot clear, such as an ad you deleted from your Library, is not retried.
• A failure is never silent. The outcome is written onto the Calendar entry you are looking at: the status changes, and the reason is shown with it. What we commit to is this: it goes out, or the day tells you why it did not.
• Times are treated as UTC. A plan stores a calendar date and a wall-clock time with no timezone. Surge posts at that time in UTC, not in your local timezone, and a plan with no time set is treated as 09:00 UTC. If you are not on UTC, set the time accordingly.
• Delivery is not guaranteed. Publishing depends on your connection, the delivery service and the platform, none of which we control. Scheduling an Ad is not a warranty that it will be published, published on time, or accepted once published.

14.4 We can turn publishing off

We may suspend publishing — for your Account or for everyone — where we need to for security, legal, platform-compliance or operational reasons, or where a platform or delivery service requires it. Where publishing is suspended, the product stops promising delivery and says so rather than silently queueing posts that will never go out. We will give notice where we reasonably can.

14.5 The platform's rules are still yours to follow

• Your use of any platform remains governed by that platform's own terms and advertising policies, and posting through Surge does not change that or place us between you and them.
• We are not responsible for any platform action taken against you: a rejected ad, a removed post, a strike, a shadowban, demonetisation, an account suspension or a permanent ban — including where it arises from content Surge generated or a post Surge published on your instruction.
• We are not responsible for a platform or delivery service changing its rules, formats, algorithms, quotas or APIs in a way that affects publishing or the usefulness of your Output.
• Some platforms apply their own quotas and review steps that can delay, downgrade or refuse a post for reasons neither we nor you can see.

14.6 AI labelling is your switch, not ours

14.7 Measurement of what Surge published

For Ads that Surge published for you, Surge retrieves the view, like and comment counts the platform reports, along with a link to the live post, and shows them back to you. It also records which creative elements went into each published Ad, so it can report which kinds of Ad performed better for you.

• The numbers are the platform's, not ours. We report what the platform last told us and when we learned it. We do not audit, verify or restate them, and we are not liable for their accuracy.
• A zero is not always a zero. Metrics are retrieved periodically, so a newly published Ad may show nothing yet. The product distinguishes "not synced yet" from a measured zero; do not read an unsynced figure as a result.
• Only Surge's own posts are measured. Surge reports nothing about posts you made by hand, posts made through any other tool, your followers, your ad spend, or your account standing. It has no general view of your accounts.
• Comparisons are estimates. Any "what worked" comparison Surge shows is a statistical summary of your own past posts, subject to §9.6. It is not a prediction and not advice.
• We may suspend metric collection at any time; if we do, the product reports that it has no data rather than showing zeros.

15.Security, incidents and responsible disclosure

In plain English: here is exactly what we do to protect your account, stated narrowly enough that we can actually keep every word of it — including what we do not have. And if you find a hole, we will not sue you for telling us.

15.1 Encryption

• In transit: all traffic between you and the Service, and between the Service and our processors, is encrypted with TLS 1.2 or higher.
• At rest: your database records and your stored files are held on managed infrastructure (Supabase, Railway and Cloudflare R2, all in United States regions) that encrypts data at rest at the storage layer.

15.2 Credentials and payment data

• We never see your full card number, security code or bank credentials. Card data goes directly to Stripe. We hold a customer reference, card brand, last four digits and subscription status.
• Surge keeps no social credential store of its own. Surge publishes through the social connections held at the ClipSpeedAI platform layer (§14.2) and resolves them at the moment of posting. Those connections are protected by the controls in this §15, and you can revoke any of them at any time from Settings → Integrations, which immediately stops Surge posting to that account.
• Authentication is by Google sign-in or email, through your ClipSpeedAI account. We never ask for, receive or store a password for any social platform — connections are made by the platform's own authorisation flow, not by giving us a login.
• If you mint a Surge API key, that key is a credential: it is shown once, it acts as you, and keeping it secret is your responsibility. Revoke it if it is exposed.

15.3 Access control and tenant isolation

• Every request that reads or writes customer data is scoped to the signed-in Account. That boundary is enforced in the application, and it is verified by an automated coverage check that runs on every code push and in continuous integration, plus a live cross-tenant test suite — so a handler that forgets to scope itself fails the build rather than shipping.
• Administrative access is restricted, uses constant-time credential comparison, is rate limited against guessing, runs on signed sessions that expire in 12 hours rather than a long-lived secret, can be revoked in bulk, supports credential rotation without downtime, and writes a per-request audit line.
• Uploads are type-checked from the file's actual bytes against an allowlist and are served with content-sniffing disabled, so an upload cannot be turned into executable content on our domain.
• Requests that cause the Service to fetch a URL you supply are screened against private, loopback, link-local and carrier-grade-NAT addresses, and every redirect hop is re-screened.

15.4 Supply chain and monitoring

• A dependency check runs on every push, in continuous integration, and on a weekly schedule; it fails the build on a new high or critical advisory. Accepted residual risks are recorded in a written, dated register.
• Every dependency in our lockfile is verified to resolve to the public npm registry with an integrity hash, so a substituted package fails the build even though its version string has not changed.
• We run runtime security monitoring on a defined set of signals — including failed administrative authentication, refused cross-tenant access, blocked outbound URL fetches and failed webhook signatures — with alerting to an on-call channel and a daily digest that is sent even on quiet days, so silence means "nothing happened" rather than "the watcher died".

15.5 What we do not claim

15.6 Where your files live — read this before you upload

15.7 Responsible disclosure, and our safe harbour for researchers

We want to hear about vulnerabilities.

How to report: email legal@clipspeed.ai with SECURITY in the subject line. Include what you found, how to reproduce it, and what you think the impact is. We aim to acknowledge within 3 business days and to keep you updated until it is resolved. We will credit you if you would like to be credited.

Safe harbour

If you make a good-faith effort to comply with this clause, we will consider your research authorised, we will not initiate or support legal action against you — including under the Computer Fraud and Abuse Act, its state equivalents, or §1201 of the DMCA — and if a third party brings an action against you for that research, we will make it known that your activity was authorised.

To stay within the safe harbour:

• Test only against your own account and data. If you find a path to another customer's data, stop at the minimum proof needed and do not access, download, retain or disclose it.
• Do not degrade the Service: no denial of service, no volumetric or brute-force testing against production, no spam.
• No social engineering of our staff, customers or vendors, and no physical attacks.
• Do not use an automated scanner that generates significant traffic without telling us first.
• Give us 90 days from your report before disclosing publicly, or less if we agree, and do not publish customer data at any point.
• Comply with applicable law. The safe harbour cannot authorise anything unlawful in itself.

We do not currently operate a paid bug bounty, so please do not expect a payment.

15.8 Incident notification

If we determine that a security incident has resulted in unauthorised access to, or disclosure of, your personal information or your Input, we will notify affected customers by email at the address on the Account, and we will do so within 72 hours of our determination. That notice will describe, to the extent known at the time: what happened, what categories of data were involved, what we have done, what we recommend you do, and how to reach a human about it. We will follow up as the picture becomes clearer, and we will comply with any additional notification duty imposed by applicable law. This commitment is consistent with, and does not narrow, the breach notification commitment in the Surge Privacy Policy.

15.9 Subprocessors

We use third-party providers to run Surge — hosting, database, object storage, payments, email and AI model providers. We name every one of them in the Surge Privacy Policy, with what each receives, we require each of them to handle your data only on our instructions, and we will update that list before a new subprocessor begins processing customer content. If you want to be notified of changes, email privacy@clipspeed.ai and we will add you to the notice list.

15.10 Your part

Security is shared. Use a strong, unique credential and enable MFA at your identity provider; do not share logins; remove staff access when they leave; keep your own copies of Output that matters; and tell us quickly if something looks wrong.

16.Privacy and your data

In plain English: the Surge Privacy Policy governs personal information. Data is hosted in the US. You can get your data out and you can delete it.

Our handling of personal information in Surge is governed by the Surge Privacy Policy, which is incorporated into these Terms by reference; the ClipSpeedAI Privacy Policy governs the rest of your ClipSpeedAI account. In summary, and without limiting either:

• Data is hosted in United States regions on Supabase, Railway and Cloudflare. If you are outside the US, using Surge means your data is processed in the US.
• You can request access, correction, export or deletion at privacy@clipspeed.ai. We respond within 30 days.
• We do not sell personal information, and we do not share it for cross-context behavioural advertising.
• We do not train AI models on your Input (§9.5).
• Because Surge publishes for you, we also process your connected-account identifiers and the engagement figures the platform reports for Ads Surge published (§14.7). Those are covered by the Surge Privacy Policy like everything else.
• You can delete individual files, and you can delete your Account, from the product.

If you are a business subject to GDPR, UK GDPR, CCPA/CPRA or a similar regime and you need a data processing agreement in place for your customers' personal data, contact privacy@clipspeed.ai before you upload that data.

17.Availability, changes to the Service, and support

In plain English: we try hard to stay up but do not promise a number. The product will change. Support targets are in Schedule B and they are targets, not guarantees.

17.1 Availability

We work to keep Surge available and fast, but we do not commit to a specific uptime percentage and offer no service credits. The Service may be unavailable or degraded because of maintenance, a third-party provider outage (hosting, storage, payments, an AI model provider or the publishing delivery service), a platform or network failure, or an event outside our reasonable control.

This applies to publishing too. An outage at the delivery service or a platform can delay or prevent a scheduled post. Surge will retry within the limits in §14.3 and will show you the failure, but a scheduled date is not a guaranteed date, and we are not liable for a post that is late or does not go out. If a post has to land at an exact moment, publish it by hand.

17.2 Changes

We develop Surge continuously. We may add, change, deprecate or remove features. If we remove or materially degrade a feature that is central to the Plan you are paying for, we will give at least 30 days' notice by email, and you may cancel and receive a refund of the unused portion of your then-current period. A change to an individual Content Library asset is governed by §10.6 rather than this clause.

17.3 Support

Support is by email at support@clipspeed.ai. Our response targets are in Schedule B. They are the targets we hold ourselves to; they are not contractual guarantees and do not create a service level agreement.

18.Disclaimers, liability and indemnity

In plain English: the service is provided as-is; our financial exposure is capped at roughly what you paid us; and if you get us sued over your ads or your uploads, you cover it. Rights you cannot legally waive are untouched.

18.1 Disclaimer of warranties

18.2 Exclusion of indirect damages

18.3 Cap on liability

Without limiting §18.1 to §18.3, we are specifically not liable for: platform bans, demonetisation, ad rejections or account actions; a scheduled post that is published late, is not published, or is published and then removed by the platform; a post published to a connected account you had not intended to remain connected; failure to apply a platform's AI or synthetic-media label (§14.6); the accuracy of any view, like or comment figure a platform reports (§14.7); copyright, trade mark or publicity claims arising from Output you published; regulatory action arising from claims you made in an Ad; lost advertising spend; or the accuracy of any score, pattern or prediction.

18.4 Rights that cannot be waived

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of §18.1 to §18.3 may not apply to you. Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under applicable consumer protection law that cannot lawfully be excluded, restricted or modified, and nothing here limits our liability for fraud, fraudulent misrepresentation, wilful misconduct, or death or personal injury caused by our negligence. Where such a right applies, our liability is limited to the minimum extent the law permits.

18.5 Your indemnity

You will defend, indemnify and hold harmless ClipSpeedAI and its officers, employees, contractors and licensors from and against any third-party claim, demand, proceeding, loss, damage, penalty and reasonable legal cost arising out of or relating to:

• your Input, including any claim that it infringes intellectual property or misuses a real person's name, image, voice or likeness, and any false confirmation of rights under §5.3;
• your publication or use of Output, including any advertising-law, endorsement, substantiation, consumer-protection or platform-policy claim (§12), and including Ads you instructed Surge to publish on your behalf and any failure to apply a required AI or synthetic-media label (§14.6);
• your breach of these Terms, including §10.3 and §11;
• your use of the Service in breach of applicable law; and
• a claim by your client or end customer relating to Output you delivered to them.

We will notify you of any claim we seek indemnity for, give you control of the defence (except that you may not settle in a way that admits our fault or imposes an obligation on us without our written consent), and cooperate reasonably at your expense.

18.6 Basis of the bargain

The disclaimers and limitations in this §18 are a fundamental basis of the pricing in §6.3 and apply even if a limited remedy fails of its essential purpose.

19.Suspension and termination

In plain English: you can leave whenever you want. We can suspend you for breach, usually after telling you. If we close you down for our own reasons, we refund the unused part of the month.

19.1 By you

Cancel at any time from Billing in the app. Cancellation takes effect at the end of the period you have paid for. You may delete your Account entirely from Settings; deletion is not reversible.

19.2 By us, for cause

We may suspend or terminate your Account, or any part of your access, if you breach these Terms, if your payment fails and is not cured, if we are required to by law, or if your use creates a material security, legal or operational risk. Where the breach is capable of being cured and is not severe, we will normally give you notice and a reasonable opportunity to cure first. For the categories in §11.3 we may act immediately.

19.3 By us, for convenience

We may discontinue Surge, or terminate your Account without cause, on 30 days' notice by email. If we do, we will refund the unused portion of your then-current period and give you a reasonable window to export your files.

19.4 What happens to your data

• On cancellation, access continues to the end of your paid period, after which the Account reverts to no active Plan. Your saved Output remains accessible while the Account exists.
• On termination or Account deletion, we delete your Input, Output and Account records on the schedule set out in the Surge Privacy Policy. Stored objects are enqueued for deletion and purged within 30 days. Billing records are retained where tax law requires, and contain no content.
• Credits are extinguished (§7.5).
• Export what you need before you terminate.

19.5 What survives

These clauses survive termination: §5.3, §7.5, §8, §9.2, §9.3, §10 (including the training prohibition in §10.3), §11, §12, §13.3, §14.5, §14.6, §16, §18, §19.4, §19.5, §20, §21 and §23.

20.Disputes, arbitration and class-action waiver

In plain English: talk to us first. After that, disputes go to a single arbitrator, one customer at a time — no class actions. You have 30 days to opt out of this entirely, and small-claims court is always open to you.

20.1 Informal resolution first

Before starting an arbitration or a lawsuit, you agree to contact us at legal@clipspeed.ai with a short description of the dispute and the resolution you want, and to give us 30 days to resolve it. We will do the same for you. Most disputes end here. This step is a genuine precondition, and the limitation period for the claim is tolled while it runs.

20.2 Agreement to arbitrate

If we cannot resolve it informally, you and ClipSpeedAI agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach or termination, and including claims that arose before you accepted these Terms — will be resolved by final and binding individual arbitration, rather than in court, except as set out in §20.3 and §20.4.

• The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Rules where the claimant is a business and those rules apply), as modified by these Terms.
• The arbitration will be before a single arbitrator.
• The seat will be Florida, United States. If you are an individual consumer, you may instead elect to have the hearing held in the county where you live, or conducted by telephone or video, or decided on documents alone.
• The Federal Arbitration Act governs the interpretation and enforcement of this section.
• The arbitrator decides all issues, except that a court has exclusive authority to decide the enforceability of the class-action waiver in §20.5.
• The arbitrator may award any relief a court could award to that individual claimant, and may not award relief to anyone who is not a party.
• The award is final and binding, and judgment on it may be entered in any court of competent jurisdiction.

20.3 Small claims — always available

Either of us may bring an individual claim in a small-claims court with jurisdiction, instead of arbitration, so long as the claim stays in that court and is brought on an individual basis. Nothing in this section requires you to arbitrate a claim you could take to small claims.

20.4 Injunctive relief for intellectual property

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property or confidential information — most obviously, a breach of the training and extraction prohibitions in §10.3. Seeking that relief does not waive this section.

20.5 Class-action and jury-trial waiver

If this §20.5 is found unenforceable as to a particular claim or request for relief, that claim or request is severed from the arbitration and must be brought in the courts identified in §21, while all other claims continue in arbitration.

20.6 Costs

AAA's fee schedule governs, and for consumer claims most of the filing cost falls on us under those rules. In addition: for any individual claim seeking US$10,000 or less, we will pay your AAA filing, administration and arbitrator fees, unless the arbitrator finds the claim frivolous. Each party otherwise bears its own legal costs unless a statute or the arbitrator's award provides otherwise.

20.7 Coordinated filings

If 25 or more similar demands for arbitration are filed against us by or with the coordination of the same counsel or organisation, AAA's mass-arbitration or multiple-case procedures will apply, and the parties will cooperate in good faith with any batching process AAA administers, in order to keep costs proportionate for everyone. Limitation periods are tolled for all claims in the group while batching is under way.

20.8 How to opt out of arbitration

20.9 Time limit

To the extent permitted by law, any claim arising out of or relating to these Terms or the Service must be brought within one year after it arose, or it is permanently barred. This does not shorten any period that cannot lawfully be shortened.

20.10 Changes to this section

If we amend this §20 after you accepted it, the amendment does not apply to any dispute of which we had notice before the amendment took effect, and you may reject the amendment by emailing us within 30 days of the notice, in which case the version you previously agreed to continues to govern between us.

21.Governing law and venue

In plain English: Florida law, Florida courts for anything not arbitrated.

These Terms and any dispute arising out of them are governed by the laws of the State of Florida, United States, and applicable federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under §20 — including a severed claim under §20.5, a small-claims matter, or a dispute where you validly opted out under §20.8 — the state and federal courts located in Florida have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum. This does not deprive a consumer of any right to bring proceedings in the courts of their place of residence where that right cannot be excluded by law.

21.1 Export and sanctions

You represent that you are not located in, and are not ordinarily resident in, a country or region subject to comprehensive US sanctions, and that you are not on any US restricted-party list. You will not use Surge in breach of US export control or sanctions law.

21.2 US government users

The Service is "commercial computer software" and is licensed to US government end users with only the rights granted to all other end users.

22.Changes to these Terms

In plain English: we can update this document, but material changes get 30 days' notice by email, and you can leave with a refund of the unused part of your month.

• We may update these Terms as the product and the law change. The "Last updated" date at the top always reflects the current version.
• For a material change — anything that meaningfully reduces your rights, expands your obligations, changes price, changes the refund position, or changes §20 — we will give at least 30 days' notice by email to the address on your Account and by an in-product notice, before it takes effect.
• Non-material changes (clarifications, typos, contact details, reordering) take effect when posted.
• Your continued use of Surge after a change takes effect is acceptance of it.
• If you do not accept a material change, cancel before the effective date and we will refund the unused portion of your then-current period (§6.6).
• We keep prior versions and will send you the one you agreed to on request.

23.General

In plain English: the usual closing machinery — assignment, severability, no partnership, notices, and the fact that this document is the whole deal.

• Entire agreement. These Terms, together with the ClipSpeedAI Terms of Service and Privacy Policy as described in §1.1, and any order form or written agreement signed by both parties, are the entire agreement about Surge and supersede all prior discussions. You have not relied on any statement not set out in them.
• Order of precedence. A signed written agreement between us, then these Surge Terms, then the general ClipSpeedAI Terms of Service.
• Assignment. You may not assign these Terms without our written consent, except to a successor of your business that assumes your obligations. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.
• Severability. If a provision is unenforceable, it is modified to the minimum extent needed to make it enforceable, or severed, and the rest continues — subject to §20.5, which is not severable in the manner described there.
• No waiver. Not enforcing a provision once is not a waiver of it.
• No partnership. Nothing creates a partnership, joint venture, employment or agency relationship. Neither party may bind the other.
• No third-party beneficiaries, except that our officers, employees, contractors and licensors may enforce §18.
• Force majeure. Neither party is liable for a failure caused by an event beyond its reasonable control, excluding payment obligations.
• Notices. We give notice by email to the address on your Account, or by an in-product notice. You give notice by email to legal@clipspeed.ai. Notice is effective when sent, provided it is not returned undeliverable. Keep your email address current.
• Headings and summaries. Headings and the muted plain-English summaries are for convenience and orientation. Where a summary and the clause it sits under differ, the clause governs.
• Interpretation. "Including" means "including without limitation". These Terms will not be construed against the drafter.
• Language. The governing version of these Terms is English.

24.How to contact us

In plain English: real inboxes, read by a person.

ClipSpeedAI · founded by Kyle White · operated from Florida, United States · www.clipspeed.ai

Schedule A — Who is responsible for what

In plain English: a one-page split of the AI-specific duties. It is part of these Terms, not a summary of them.

Schedule B — Support response targets

In plain English: what we aim for. These are targets we publish so you can hold us to them — they are not an SLA and carry no credits.

Business days are Monday to Friday excluding United States federal public holidays. Targets are measured from receipt at the address above; a message sent anywhere else may not reach the right person.

These Terms were last updated on 24 August 2026 and apply to Surge only. For how we handle personal information in Surge see the Surge Privacy Policy. For your ClipSpeedAI clipping account see the ClipSpeedAI Terms of Service and the ClipSpeedAI Privacy Policy. If any provision conflicts with a mandatory rule of applicable law, that law governs and the rest of these Terms continue in effect.