Last Updated: 15 Jan, 2026
Surface Labs commits to providing Services using commercially reasonable efforts. Customers establish administrative credentials during registration, which the company may refuse or cancel if deemed inappropriate. Technical support is offered consistent with standard industry practices.
Customers cannot reverse engineer, decompile, or attempt to discover underlying source code or algorithms. The service prohibits modification, derivative works creation, timesharing arrangements, or removal of proprietary notices. Regarding distributed software, Surface grants a “non-exclusive, non-transferable, nonsublicensable license” for service connection only.
Export restrictions apply: customers must comply with U.S. Department of Commerce and Treasury regulations. Under FAR and DFAR provisions, the software qualifies as commercial items with restricted government use.
Customers represent they'll follow company policies and applicable laws, indemnifying Surface against damages from violations. Customers remain responsible for maintaining Equipment security, account passwords, and file protection.
Both parties protect each other's business and technical information. Confidentiality obligations expire after five years or when information becomes publicly available. Customers retain ownership of their data; Surface retains rights to the service, improvements, and related technology.
Surface may “collect and analyze data relating to provision, use and performance” and use de-identified information to improve services and offerings.
Customers pay fees per the Order Form. Surface may adjust fees with 30 days' notice. Billing disputes must be reported within 60 days of the statement. Invoices require payment within seven days; unpaid amounts incur 1.5% monthly finance charges plus collection expenses and may trigger immediate termination.
The agreement runs for the Initial Service Term with automatic renewal unless either party provides 30 days' termination notice. Either party may terminate for material breach with 30 days' notice (immediate for nonpayment). Surviving obligations include confidentiality, warranty disclaimers, and liability limitations.
Surface maintains services “in a manner which minimizes errors and interruptions” using industry standards. However, the company “does not warrant that the services will be uninterrupted or error free” and disclaims all implied warranties including merchantability and fitness for particular purposes.
Surface indemnifies customers against third-party infringement claims by the service itself. The company may replace, modify, obtain licenses, or terminate service if infringement occurs. Indemnification excludes non-Surface components, customer specifications, modifications, combinations, or non-compliant usage.
Except for bodily injury, Surface and suppliers “shall not be responsible or liable” for data loss, business interruption, or indirect damages. Total liability caps at fees paid in the preceding 12 months.
The agreement is non-assignable by customers without consent; Surface may assign freely. California law governs; good faith dispute resolution applies. Parties must issue a mutually agreed press release within 90 days and establish a reference account relationship.