Terms of Service

Acceptance of Terms

Welcome to SurfPic, an AI-powered photo editing service that transforms your photos into epic surf shots. By accessing or using SurfPic, you agree to be bound by these Terms of Service ("Terms") and any additional terms and conditions referenced herein. If you do not agree with these Terms, you must not use our platform.

Description of Service

SurfPic provides an AI-powered platform that transforms your photos into epic surf shots by placing you inside perfect barrel waves using artificial intelligence. Our service includes image generation and video creation capabilities to help you create stunning surf-themed content.

We reserve the right to modify or discontinue the Service, or any part thereof, at any time without prior notice.

Eligibility

You must be at least 13 years old to use SurfPic. By using the platform, you represent and warrant that you meet this age requirement and are capable of entering into a legally binding agreement. If you are under the age of 18, you must have permission from a parent or guardian to use the Service.

Account Registration and Security

When you create an account with SurfPic, you agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security of your password and accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.
• Not create multiple accounts or impersonate another individual without their consent.

User Responsibilities

As a user of SurfPic, you agree not to:

• Violate any applicable law or regulation while using the platform.
• Use the Service for any fraudulent or illegal purpose.
• Interfere with or disrupt the integrity or performance of the platform or its associated services.
• Upload or share any content that is illegal, harmful, harassing, defamatory, or infringing on others' intellectual property rights.
• Collect, store, or share personal information about other users without their consent.

You are responsible for any content you create or share through SurfPic. You represent that you own or have the necessary licenses to share such content and that sharing it will not violate the rights of any third party.

Privacy

Your use of SurfPic is subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the platform, you consent to the practices described in our Privacy Policy.

Fees and Payment

SurfPic may offer both free and paid subscription tiers. If you choose to access paid features of the platform, you agree to pay the applicable fees and charges. We may change the fees for paid services at any time, and such changes will be effective upon providing notice to you.

All payments are non-refundable unless otherwise specified in writing.

Ownership and Intellectual Property

SurfPic and all associated intellectual property, including but not limited to the platform design, software, and content, are the exclusive property of Magnetic Ventures LLC or our licensors. You are granted a limited, non-exclusive, and non-transferable right to use the platform for your personal or internal business use in accordance with these Terms.

You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of any software associated with the Service, unless laws prohibit those restrictions or you have our written permission.

Termination

We may suspend or terminate your access to SurfPic at any time, with or without notice, if we believe you have violated these Terms or if we are required to do so by law. You may terminate your account at any time by contacting us or using the available account settings.

Upon termination, all rights granted to you under these Terms will cease, and you must discontinue all use of SurfPic.

Disclaimer of Warranties

SURFPIC IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SURFPIC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF SURFPIC SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US, IF ANY, DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless SurfPic, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the platform, your violation of these Terms, or your violation of any third-party rights, including intellectual property rights.

Modifications to Terms

We may update or modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice within the platform. Your continued use of SurfPic after the changes become effective constitutes your acceptance of the updated Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Miami, Florida, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the use of the platform will be subject to the exclusive jurisdiction of the courts located in Miami.

Arbitration and Class Action Waiver

Arbitration Agreement:

You and SurfPic agree to resolve any disputes or claims arising out of or relating to these Terms, your use of the platform, or our relationship with you exclusively through binding arbitration, except as outlined below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and discovery may be more limited. Arbitrators can award the same damages and relief that a court can award.

Class Action Waiver:

To the fullest extent permitted by law, you and SurfPic agree to bring any disputes in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any dispute to be arbitrated on a class-action basis, or to utilize class action procedures. You also agree not to participate in claims brought in a private attorney general or representative capacity or consolidated claims involving another person's account.

Exceptions to Arbitration Agreement:

Either you or SurfPic may assert claims, if they qualify, in small claims court in St. Petersburg, Florida. Additionally, both you and SurfPic retain the right to seek injunctive or other equitable relief in court for certain types of claims, such as claims for unauthorized use, piracy, or intellectual property infringement.

Arbitration Procedure:

To initiate arbitration, you must send a written demand to SurfPic at the contact address provided. The arbitration will be conducted by a reputable arbitration provider, agreed upon by both parties, under its rules, as modified by this agreement. Arbitration hearings may be conducted in person in St. Petersburg, Florida, by phone, or online.

Miscellaneous

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and SurfPic concerning your use of the platform.

No Waiver: Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Magnetic Ventures LLC d/b/a SurfPic
7901 4th St. N #18029
St. Petersburg, Florida 33702
legal@surfpic.me