Terms of Service

These Terms of Service explain the rules, responsibilities, and conditions that apply when you use our website and services.

Last updated August 23, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Surge Growth Agency (SMC-PVT) Limited, doing business as Surge ("Company," "we," "us," "our"), a company registered in Pakistan at 107 J DHA PHASE 1, Lahore 54792.

We operate the website http://www.surgegrowthagency.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We provide HubSpot CMS solutions that help businesses build, manage, and scale their websites with ease.

You can contact us by email at omer@surgegrowthagency.com or by mail to 107 J DHA PHASE 1, Lahore 54792, Pakistan.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Surge Growth Agency (SMC-PVT) Limited, concerning your access to and use of the Services. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PROHIBITED ACTIVITIES
  5. USER GENERATED CONTRIBUTIONS
  6. CONTRIBUTION LICENSE
  7. THIRD-PARTY WEBSITES AND CONTENT
  8. SERVICES MANAGEMENT
  9. PRIVACY POLICY
  10. TERM AND TERMINATION
  11. MODIFICATIONS AND INTERRUPTIONS
  12. GOVERNING LAW
  13. DISPUTE RESOLUTION
  14. CORRECTIONS
  15. DISCLAIMER
  16. LIMITATIONS OF LIABILITY
  17. INDEMNIFICATION
  18. USER DATA
  19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  20. CALIFORNIA USERS AND RESIDENTS
  21. MISCELLANEOUS
  22. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

  • Access the Services
  • Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out here or elsewhere in our Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

  1. You have the legal capacity and agree to comply with these Legal Terms.
  2. You are not a minor in your jurisdiction, or if a minor, you have parental consent.
  3. You will not access the Services through automated or non-human means (bot, script, etc.).
  4. You will not use the Services for any illegal or unauthorized purpose.
  5. Your use will not violate any applicable law or regulation.

If you provide any untrue, inaccurate, not current, or incomplete information, we may suspend or terminate your account and refuse all current or future use of the Services.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than those we provide. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user, you agree not to:

  • Systematically retrieve data or other content from the Services to compile a database without permission.
  • Trick, defraud, or mislead us or other users.
  • Circumvent, disable, or interfere with security-related features.
  • Upload viruses, Trojan horses, or malicious content.
  • Engage in automated use of the system (data mining, robots, scripts).
  • Attempt to impersonate another user.
  • Interfere with, disrupt, or burden the Services or networks.
  • Copy or adapt the Services’ software or reverse engineer code.
  • Use Services for unsolicited email campaigns.
  • Sell or transfer your profile.

5. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
  • You have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and other users to use your Contributions.
  • You have written consent or permission of every identifiable individual in your Contributions.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, spam, or mass mailings.
  • Your Contributions are not obscene, violent, harassing, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not violate any applicable law or regulation.
  • Your Contributions do not violate any child protection laws.
  • Your Contributions do not include offensive comments connected to race, national origin, gender, or disability.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

6. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and you expressly agree to exonerate us from any and all responsibility and refrain from any legal action against us regarding them.

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not investigated, monitored, or checked for accuracy or completeness by us, and we are not responsible for them.

Inclusion of any Third-Party Websites or Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites, you do so at your own risk. You should review the applicable terms and privacy practices of any website you visit.

Any purchases you make through Third-Party Websites are solely between you and the third party. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Legal Terms.
  • Take legal action against anyone who violates these Terms.
  • Refuse, restrict, or disable access to any Contributions.
  • Remove from the Services files or content that are excessive in size or burdensome to our systems.
  • Manage the Services in a manner designed to protect our rights and property and facilitate proper functioning.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://surgegrowthagency.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.

Please note the Services are hosted in Pakistan. If you access them from other regions with different data laws, you consent to your data being transferred to and processed in Pakistan.

10. TERM AND TERMINATION

These Legal Terms remain in full force while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO DENY ACCESS TO ANY PERSON FOR ANY REASON, INCLUDING BREACH OF THESE TERMS OR ANY APPLICABLE LAW.

If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name or a third party’s name. In addition to termination, we reserve the right to pursue legal action.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

12. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Pakistan. Surge Growth Agency (SMC-PVT) Limited and yourself irrevocably consent that the courts of Pakistan shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

13. DISPUTE RESOLUTION

You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Pakistan courts. Surge Growth Agency (SMC-PVT) Limited shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.

14. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

15. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of

  1. use of the Services
  2. breach of these Legal Terms
  3. any breach of your representations and warranties set forth in these Legal Terms
  4. your violation of the rights of a third party, including but not limited to intellectual property rights
  5. any overt harmful act toward any other user of the Services with whom you connected via the Services

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

21. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

22. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at

Surge Growth Agency (SMC-PVT) Limited
107 J DHA PHASE 1
Lahore 54792
Pakistan
omer@surgegrowthagency.com