Terms of Service

These Terms govern use of the SurfacePoint SaaS platform by business customers and their authorized users.

1. Service and Eligibility

The Service provides cloud software for quality inspections, defect tracking, reporting, and related workflows. You represent that you are authorized to accept these Terms on behalf of your organization.

2. Accounts and Access

You are responsible for account credentials, user provisioning, and activities that occur under your organization account. You must promptly notify us of unauthorized access.

3. Customer Data Ownership

You retain ownership of Customer Data, including uploaded files and inspection records. You grant us a limited license to host, process, transmit, and back up Customer Data solely to provide, secure, and improve the Service.

4. Acceptable Use

You will not use the Service to violate law, infringe rights, transmit malware, or interfere with platform operations. Without prior written agreement, you may not submit special-category regulated data.

4A. Copyright, DMCA Takedowns, and Repeat Infringers

If you believe content in the Service infringes your copyright, send a DMCA notice to our designated copyright agent with enough detail to identify the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, an accuracy statement under penalty of perjury, and your physical or electronic signature.

Designated agent: Copyright Agent. Email: privacy@surfacepoint.net. Address: SurfacePoint, Zurich, Switzerland.

When we receive a valid notice, we may remove or disable access to the material and notify the customer or user who submitted it. That user may send a counter-notice if they believe removal was a mistake or they have authorization. Counter-notices must include identification of the removed material, contact information, consent to the proper legal jurisdiction, a statement under penalty of perjury, and a physical or electronic signature.

We may restore removed material if the copyright owner does not file a court action after receiving a valid counter-notice. We may suspend or terminate accounts of repeat infringers and may remove content that creates legal, security, or platform risk.

4B. Export-Controlled and Restricted Data

The standard hosted SurfacePoint Service is currently intended for non-controlled and commercial confidential inspection and quality data. Unless a separate written agreement with SurfacePoint expressly allows it, you must not upload, store, process, share, or export export-controlled, ITAR/EAR, defense-controlled, government-classified, restricted, or unknown technical data through the Service.

Any controlled-data interest request, classification field, or related workflow in the Service is for demand discovery, planning, and future product scoping only. It is not approval to use SurfacePoint for controlled-data handling and does not create export-controlled hosting, defense-grade compliance, regulated-data approval, ITAR/EAR certification, or any similar authorization.

SurfacePoint does not provide legal advice, classify Customer Data, determine whether a license, exemption, agreement, or other authorization is required, or certify that customer use is compliant with any export-control, defense, government-classified, regulated-data, or industry-specific regime. You remain responsible for deciding what data may be uploaded and for complying with applicable laws and contracts.

5. Security and Confidentiality

We implement technical and organizational measures including encryption in transit and at rest, access controls, monitoring, and backup controls. Each party will protect the other party's Confidential Information with reasonable care.

6. Data Residency and Hosting

Primary production storage is hosted in Microsoft Azure EU regions using Azure PostgreSQL and Azure Blob Storage. Backup, recovery, and support operations may involve additional locations consistent with applicable law and transfer safeguards.

7. Support and Service Levels

Support is provided on a commercially reasonable efforts basis. Unless agreed in an executed Order Form, no uptime SLA, service credits, or guaranteed response times apply.

8. Fees and Payment

Paid plans are billed per the applicable subscription terms. Fees are non-refundable except where required by law or expressly stated in a signed Order Form.

Unless an applicable Order Form or commercial offer says otherwise, subscriptions renew automatically until a cancellation takes effect. You authorize recurring charges to the selected payment method. Commercial-offer subscriptions are subject to the additional terms in Section 8A below and are cancelled through SurfacePoint, not through Stripe's generic billing-portal cancellation control.

8A. Commercial Subscription Terms

These terms apply to subscriptions purchased through a SurfacePoint commercial offer. The accepted offer states the agreed price, currency, user and storage limits, billing interval, commitment interval, and the version of these Terms. If an accepted offer conflicts with this section, the accepted offer controls for that subscription.

• Auto-renewal. Every commercial subscription renews automatically unless cancellation is scheduled and takes effect at the end of the current commitment period.
• Monthly commitment, paid monthly. Cancellation takes effect at the end of the current monthly commitment.
• Annual commitment, paid annually. Cancellation takes effect at the end of the current annual commitment.
• Annual commitment, paid monthly. Monthly instalments continue through the current annual commitment. Cancellation may be scheduled at any time, but takes effect only at that commitment's end.
• Free trial, if included. The accepted offer states whether a free trial applies and its length. Stripe collects a payment method at checkout but does not charge it until the stated trial ends. You may cancel during the trial without charge.
• Immediate payment or payment after trial. If the accepted offer has no free trial, Stripe charges when checkout completes. Payments are non-refundable and SurfacePoint does not issue partial refunds or proration for a scheduled end-of-term cancellation, except where required by applicable law.
• Withdrawing cancellation. A customer may withdraw a scheduled cancellation before it becomes effective. This restores automatic renewal for the subscription.

SurfacePoint may update these Terms for future offers and renewals as permitted by law. The terms snapshot and Terms version recorded when a commercial offer is accepted remain the evidence of the terms accepted for that offer.

9. Warranties and Disclaimers

We warrant we will provide the Service in a professional manner. Except as expressly stated, the Service is provided "as is" and "as available" to the fullest extent permitted by law.

10. Liability and Indemnity

Each party's aggregate liability is limited to a commercially reasonable cap tied to amounts paid under the applicable Order Form. Limitations do not apply to willful misconduct and other non-excludable liabilities under law. We provide standard IP infringement indemnity for claims that the Service, as provided, infringes third-party intellectual property rights.

11. Termination and Data Return

Either party may terminate for material breach not cured within a reasonable period. On termination, we provide a limited export window and then delete Customer Data according to our retention and deletion process, unless law requires longer retention.

12. Governing Law and Dispute Resolution

These Terms are governed by Swiss law, excluding conflict rules. Disputes are resolved by arbitration seated in Zurich, Switzerland. Proceedings are conducted on an individual basis only. Class actions and jury trials are waived to the extent permitted by law.

13. Force Majeure and Service Changes

Neither party is liable for delays caused by events beyond reasonable control. We may update features and these Terms from time to time, with notice where required. Continued use after the effective date constitutes acceptance.

14. Contact

Legal and privacy inquiries: privacy@surfacepoint.net. Support: support@surfacepoint.net. Billing: billing@surfacepoint.net.