Terms of Service

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.

Our Services
Intellectual Property Rights
User Representations
Prohibited Activities
User Generated Contributions
Contribution License
Third-Party Websites and Content
Services Management
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
California Users and Residents
Miscellaneous
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. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your interactions would be subject to such laws, you may not use the Services.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or 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 (the "Content"), as well as trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark 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

You may access the Services and 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 in these 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:

You have the legal capacity and agree to comply with these Legal Terms.
You are not a minor in your jurisdiction, or if a minor, you have parental consent.
You will not access the Services through automated or non-human means.
You will not use the Services for any illegal or unauthorized purpose.
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, including data mining, robots, or 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 the Services for unsolicited email campaigns.
Sell or transfer your profile.

5. User Generated Contributions

The Services do not offer users the ability 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 text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material ("Contributions").

When you create or make available any Contributions, you represent and warrant that:

Your Contributions do not infringe the proprietary rights of any third party.
You have the necessary licenses, rights, consents, releases, and permissions.
You have written consent or permission of every identifiable individual in your Contributions.
Your Contributions are not false, inaccurate, misleading, obscene, violent, harassing, spam, or otherwise objectionable.
Your Contributions do not violate applicable law, regulation, child protection laws, or the rights of any third party.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

6. Contribution License

You and the 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.

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 ownership over your Contributions. You retain full ownership of all Contributions and any intellectual property rights associated with them. You are solely responsible for your Contributions and agree to exonerate us from responsibility 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 Third-Party Websites or Content does not imply approval or endorsement by us. If you access Third-Party Websites, you do so at your own risk and should review the applicable terms and privacy practices.

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 files or content that are excessive in size or burdensome to our systems.
Manage the Services 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 at privacy-policy.html. 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. 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 creating a new account under your name or a third party's name, and 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. We have no obligation to update information on our Services and will not be liable 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 perform maintenance, resulting in interruptions, delays, or errors. We are not obligated to maintain or support the Services or provide corrections, updates, or releases.

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 in the courts of the country where you reside or where your principal place of business is located.

14. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update 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 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 websites or applications linked to the Services, and we assume no liability for errors, personal injury, unauthorized access, interruptions, bugs, viruses, or loss or damage arising from use of content made available through the Services.

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, officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of:

Your use of the Services.
Your breach of these Legal Terms.
Your breach of representations and warranties set forth in these Legal Terms.
Your violation of the rights of a third party, including intellectual property rights.
Any overt harmful act toward any other user of the Services.

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 with our defense of such claims.

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. You are solely responsible for all data that you transmit or that relates to your activity using the Services.

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 agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and records.

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 constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by circumstances beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions.

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