Terms and End User License Agreement

1. 2.1
   Subject to this Agreement and payment of all applicable fees, Surge Networks grants You a limited, non-exclusive, non-transferable, non-sublicensable license to install, activate, and use the Software within the scope of the license You purchased.
2. 2.2
   The Software is licensed, not sold. Surge Networks and its licensors retain all rights, title, and interest in the Software, License Keys, Documentation, trademarks, and all related intellectual property.
3. 2.3
   The number of permitted Seats is set by the product page, order page, receipt, License Key, enterprise agreement, or other written confirmation from Surge Networks. If no Seat count is specified, the license is limited to one Device.
4. 2.4
   Licenses sold on our website or through an app store are personal licenses issued to one individual. That individual may use the Software for personal purposes and for their own work, including work for an employer or clients, on Devices they own or control. An organization that buys licenses for other people to use, or that deploys or manages the Software for its staff, needs a team or enterprise license or written permission from Surge Networks.
5. 2.5
   You may move an activation to another Device only through license management features or other processes approved by Surge Networks. Surge Networks may impose reasonable reset, transfer, and anti-abuse limits.

1. 3.1
   "Lifetime use" means a perpetual license, subject to this Agreement, to use what Your paid Update Entitlement unlocked before it expired, as described in this Section. It does not include future versions, new features, cloud services, support, or compatibility updates, except maintenance updates for Surge for iOS as described in Section 3.3.
2. 3.2
   Surge for Mac. You may use any version of Surge for Mac that Surge Networks released before Your Updates Subscription expired. Versions released after the expiration date do not activate under Your license until You renew.
3. 3.3
   Surge for iOS. Surge for iOS is distributed through the App Store, which normally offers only the latest version of an app. Features introduced before Your Feature Subscription expired stay unlocked, and You may keep using them in later versions of the app that Surge Networks releases to all users ("maintenance updates") for as long as Surge Networks distributes Surge for iOS. Features introduced after the expiration date stay locked until You renew. Surge Networks does not commit to releasing maintenance updates on any schedule or to including any particular bug fix, compatibility change, or improvement in them.
4. 3.4
   Lifetime use does not guarantee that a version will keep working on future operating systems, hardware, or network environments, that a version will stay available for download, or that an app store will keep offering the Software. Apple or other platform providers may change their systems in ways that stop older versions from working. Later versions of the Software may change or remove features, including features You have unlocked, where Surge Networks considers it necessary for security, legal, or third-party platform reasons.
5. 3.5
   The Software periodically connects to Surge Networks to validate the License Key.

1. 4.1
   Unless the product page, receipt, or written agreement states otherwise, a paid license includes one year of Update Entitlement starting from the purchase date.
2. 4.2
   During an active Update Entitlement, You may use the versions or features that Surge Networks chooses to release. Surge Networks does not commit to releasing any minimum number of versions, updates, or features, any specific feature (including features mentioned in roadmaps, announcements, beta builds, or support conversations), or any release schedule. An Update Entitlement is not extended or refunded because fewer updates were released during it than You expected.
3. 4.3
   After an Update Entitlement expires, You may keep using what it unlocked as described in Section 3, but You need to renew it to use later versions of Surge for Mac or newer features of Surge for iOS.
4. 4.4
   A renewal extends Your Update Entitlement as described at checkout. Renewal eligibility, timing, and prices are shown at checkout and may change.
5. 4.5
   A free trial of an Update Entitlement, such as the Feature Subscription trial for Surge for iOS, unlocks the covered versions or features only while the trial lasts. It does not grant lifetime use: when the trial ends, Your access returns to what Your paid Update Entitlement unlocked. Trials are offered at Surge Networks' discretion, may be limited to one per license, and may be changed or withdrawn at any time.
6. 4.6
   An Update Entitlement renews automatically only if the checkout page clearly says that recurring billing applies and You give Your express consent. In that case the checkout page or the applicable app store discloses the renewal period, price, and how to cancel.
7. 4.7
   You can cancel a recurring renewal at any time through the subscription management option on the License page of our website or, for App Store purchases, in Your Apple Account subscription settings. Cancellation stops future renewals; the current period remains active until it ends. Except as stated in our Refund Policy or required by law, amounts already paid for a current period are not refunded.
8. 4.8
   Surge Networks may modify, suspend, or discontinue Software features, update channels, beta programs, compatibility targets, or services as needed for security, legal, technical, business, or product reasons.

1. 5.1
   The Software is a network utility that runs on Your Devices. Surge Networks does not provide a VPN service, proxy service, Internet access, or network connectivity, and does not operate the proxy servers or other network services that You connect to through the Software.
2. 5.2
   You choose and are solely responsible for all Third-Party Content You use with the Software, including its source, accuracy, safety, legality, and the terms under which it is provided. Surge Networks does not review, endorse, or control Third-Party Content and is not responsible for it or for any loss or harm it causes, including harm caused by scripts, modules, or plugins that run inside the Software with the permissions the Software has.
3. 5.3
   The Software changes network settings on Your Devices, such as system proxy, DNS, routing, and virtual network interfaces. In gateway or DHCP server modes it can also change how other devices on Your local network reach the Internet. Incorrect configuration, Third-Party Content, software defects, or interactions with other software or the operating system can interrupt network access for Your Devices and for other devices on the same network. You are responsible for configuring the Software appropriately and for keeping a way to restore normal network access.

1. 6.1
   Features such as request capture, HTTPS decryption (MitM), scripting, rewriting, gateway mode, and DHCP server mode let You inspect, decrypt, record, modify, or redirect network traffic. You may use these features only on Devices, networks, accounts, and traffic that You own or are authorized to inspect.
2. 6.2
   If traffic belonging to other people passes through the Software, for example when You run Surge as a gateway for other devices, You are solely responsible for obtaining any consent and giving any notice required by law, and for complying with all laws that apply to intercepting, recording, or processing that traffic.
3. 6.3
   HTTPS decryption requires You to install and trust a certificate authority whose private key is stored in Your configuration. Anyone who obtains that key may be able to intercept traffic from Devices that trust the certificate. You are solely responsible for protecting the key, for limiting which hostnames are decrypted, and for removing the certificate when You no longer need it.

1. 7.1
   The Software offers interfaces that let other programs and devices read and control it, including the HTTP API, the MCP server, the controller protocol used by Surge Dashboard, surge-cli, and remote control, and similar features.
2. 7.2
   You are responsible for deciding whether to enable these interfaces, for the addresses they listen on, and for keeping their passwords, keys, and other credentials secret. Anyone who can reach an enabled interface with valid credentials may be able to read Your configuration and traffic records and change how the Software routes Your traffic.
3. 7.3
   If You connect the Software to scripts, automation tools, or AI agents, You are responsible for the actions they take through these interfaces as if You had taken those actions Yourself.

You must not, and must not permit anyone else to:

1. 8.1
   copy, modify, adapt, translate, create derivative works of, rent, lease, lend, sell, resell, sublicense, distribute, host, or commercially exploit the Software, License Key, or Documentation except as expressly permitted by this Agreement;
2. 8.2
   reverse engineer, decompile, disassemble, derive source code from, bypass technical protections in, or inspect internal implementation details of the Software, except to the limited extent that applicable law permits such activity despite this restriction;
3. 8.3
   share, publish, transfer, sell, or otherwise make a License Key available to any unauthorized person;
4. 8.4
   remove, obscure, or alter copyright, trademark, proprietary, warning, or attribution notices;
5. 8.5
   use the Software or services to violate law, infringe rights, attack networks, gain unauthorized access to computer systems or accounts, bypass the security controls of systems You are not authorized to access, intercept communications without authorization, distribute malware, or facilitate unlawful activity;
6. 8.6
   use expired trials repeatedly, create false license records, manipulate activation counts, automate activations, or abuse reset, refund, beta, support, or license management systems;
7. 8.7
   use the Software in high-risk environments where failure could lead to death, personal injury, or severe physical, environmental, or property damage.

1. 9.1
   The Software may require Internet access to activate, validate, update, deactivate, transfer, or manage a License Key.
2. 9.2
   Surge Networks collects and processes license, activation, device, purchase, network, crash, diagnostic, and usage statistics information as described in our Privacy Policy, as reasonably necessary to provide the Software, manage licenses, prevent fraud or abuse, improve security, provide updates, enforce this Agreement, and comply with law.
3. 9.3
   If Surge Networks reasonably believes that a License Key, account, purchase, or Device is associated with cracking, piracy, chargeback fraud, license sharing, abuse, security risk, or violation of this Agreement, Surge Networks may reject activations, limit resets, suspend services, revoke or block the License Key, deny refunds, preserve relevant records, and use or disclose relevant information as reasonably necessary for investigation, enforcement, dispute resolution, or legal proceedings.
4. 9.4
   Surge Networks may take enforcement action without prior notice when notice would be impractical, legally restricted, or likely to increase security, fraud, or enforcement risk.
5. 9.5
   If You file a chargeback or payment dispute for a purchase without first contacting Surge Networks, Surge Networks may suspend the related License Key while the dispute is pending and revoke it if the payment is reversed.

1. 10.1
   Prices, product descriptions, Seat counts, update periods, taxes, payment methods, and promotional offers are shown at checkout or in the applicable store and may change prospectively.
2. 10.2
   You are responsible for providing accurate purchase and license information, including a valid license email address, and for keeping access to that email address secure. Surge Networks is not responsible for loss caused by incorrect information You submit or by unauthorized access to Your email account.
3. 10.3
   Payments may be processed by third-party payment providers or app stores. Their payment terms, refund mechanisms, fraud controls, currency conversion, taxes, and fees may apply in addition to this Agreement.
4. 10.4
   Surge software is made available with a full-featured free trial so that You can evaluate the Software before purchasing. Except where required by applicable law, purchases are not guaranteed to be refundable, and refund decisions are made by Surge Networks in its sole discretion. Refund requests are subject to the policy and process published in our Refund Policy. Surge Networks may deny refunds for any reason not prohibited by applicable law, including abuse, fraud, repeated refund requests, excessive activation or deactivation activity, License Key sharing, violation of this Agreement, or failure to deactivate Devices as required by the refund process. App Store purchases are refunded by Apple under Apple's policies.
5. 10.5
   Taxes, duties, bank fees, app store fees, payment provider charges, and currency conversion costs are Your responsibility unless checkout states otherwise.

1. 11.1
   Unless a separate written agreement states otherwise, technical support is provided at Surge Networks' discretion and is not guaranteed. Billing support may be limited to purchase, license, activation, and refund issues.
2. 11.2
   Beta, preview, TestFlight, experimental, or pre-release Software may be unstable, incomplete, time-limited, modified, suspended, or discontinued at any time. You use beta Software at Your own risk. TestFlight builds are also subject to Apple's TestFlight terms.
3. 11.3
   If You send Surge Networks suggestions, ideas, bug reports, or other feedback, You grant Surge Networks a perpetual, irrevocable, worldwide, royalty-free right to use, modify, and incorporate that feedback for any purpose without obligation or compensation to You. Surge Networks is not required to use any feedback.

If You obtained the Software from Apple's App Store, the following terms also apply. If they conflict with the rest of this Agreement, they control for that copy of the Software.

1. 12.1
   This Agreement is between You and Surge Networks only, not with Apple Inc. ("Apple"). Surge Networks, not Apple, is solely responsible for the Software and its content.
2. 12.2
   Your license to use the Software is limited to Apple-branded products that You own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
3. 12.3
   Surge Networks is solely responsible for any maintenance and support of the Software, as described in this Agreement or required by law. Apple has no obligation to provide any maintenance or support for the Software.
4. 12.4
   Surge Networks is responsible for any product warranty that is not effectively disclaimed. If the Software fails to conform to an applicable warranty, You may notify Apple, and Apple will refund the purchase price of the Software to You. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Surge Networks' responsibility to the extent this Agreement does not exclude them.
5. 12.5
   Surge Networks, not Apple, is responsible for addressing any claims by You or any third party relating to the Software or Your possession or use of it, including product liability claims, claims that the Software fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar laws.
6. 12.6
   If a third party claims that the Software or Your possession and use of it infringes that third party's intellectual property rights, Surge Networks, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
7. 12.7
   You represent that You are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.
8. 12.8
   Questions, complaints, or claims about the Software should be sent to Surge Networks Inc., 2035 Sunset Lake Road, Suite B-2, Newark, Delaware 19702, United States, or support@nssurge.com.
9. 12.9
   You must comply with applicable third-party terms when using the Software, such as Your wireless data service agreement.
10. 12.10
    Apple and its subsidiaries are third-party beneficiaries of this Agreement. Once You accept this Agreement, Apple has the right, and is deemed to have accepted the right, to enforce this Agreement against You as a third-party beneficiary.

1. 13.1
   The Software may include, rely on, or interoperate with third-party software, operating systems, payment providers, app stores, cloud services, support platforms, crash reporting providers, and open source components.
2. 13.2
   Open source components are licensed under their applicable open source licenses. If an open source license grants rights that conflict with this Agreement, the open source license controls only for that component.
3. 13.3
   Surge Networks is not responsible for third-party services, platforms, stores, networks, payment systems, or software that it does not control.

Surge Networks processes personal data as described in the Privacy Policy. If there is a conflict between this Agreement and the Privacy Policy about how personal data is processed, the Privacy Policy controls for that processing.

1. 15.1
   Surge Networks may update this Agreement from time to time. Updated terms apply prospectively after they are posted, notified, or accepted through the Software, website, license management, email, checkout, or other reasonable method. The "Last updated" date at the top of this page shows when the current version took effect.
2. 15.2
   Changes will not reduce Your rights to Software versions and features already unlocked by Your paid license, except where required for legal, security, fraud prevention, or third-party platform reasons.
3. 15.3
   If You continue using the Software after updated terms take effect, You accept the updated terms. If You do not accept them, You must stop using the Software and services affected by those terms.

1. 16.1
   To the maximum extent permitted by law, the Software, Documentation, License Keys, update services, beta programs, websites, and support services are provided "as is" and "as available".
2. 16.2
   Surge Networks disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, compatibility, security, and uninterrupted or error-free operation.
3. 16.3
   Without limiting the above, Surge Networks does not warrant that the Software will keep Your network connections available, private, or anonymous; that it will work with any particular proxy server, network, website, or app; or that it will stay compatible with future operating systems.
4. 16.4
   No oral or written information, advice, support response, release note, roadmap, or documentation creates any warranty unless expressly stated in a written agreement signed by Surge Networks.

1. 17.1
   To the maximum extent permitted by law, Surge Networks and its directors, officers, employees, contractors, affiliates, suppliers, licensors, payment providers, and distribution partners will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost data, business interruption, procurement of substitute goods or services, or loss of goodwill, even if advised of the possibility of such damages.
2. 17.2
   To the maximum extent permitted by law, the total aggregate liability of Surge Networks and the parties listed above for all claims arising out of or relating to the Software, License Keys, services, purchases, refunds, or this Agreement will not exceed the greater of (a) the amount You paid to Surge Networks for the affected license during the twelve months before the event giving rise to the claim, or (b) US$100.
3. 17.3
   Nothing in this Agreement excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or death or personal injury caused by negligence where such exclusion is prohibited.

To the extent permitted by applicable law, You will defend, indemnify, and hold harmless Surge Networks and its directors, officers, employees, contractors, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) Your violation of this Agreement or of applicable law, (b) Third-Party Content You use with the Software, (c) Your interception, inspection, recording, or modification of network traffic, including traffic belonging to other people, or (d) Your infringement of any third party's rights. Surge Networks may participate in the defense of any such claim with counsel of its choice.

1. 19.1
   This Agreement remains effective until terminated. You may terminate it by stopping all use of the Software and deleting all copies in Your possession or control.
2. 19.2
   Surge Networks may terminate or suspend this Agreement, a License Key, activation, Update Entitlement, account access, or service access if You violate this Agreement, fail to pay amounts due, abuse license systems, create legal or security risk, or if termination or suspension is required by law, court order, payment provider, platform provider, or app store rule.
3. 19.3
   After termination, You must stop using the affected Software, License Key, and services and delete all affected copies. Sections that by their nature should survive termination will survive, including ownership, restrictions, Third-Party Content, traffic inspection, anti-abuse, payment, refund, feedback, privacy, disclaimers, limitations of liability, indemnification, governing law, and general provisions.

You must comply with all applicable laws, including export control, sanctions, anti-corruption, privacy, telecommunications, intellectual property, and cybersecurity laws, in every place where You use the Software. You may not use, export, re-export, transfer, or provide access to the Software in violation of applicable law or to any prohibited person, entity, country, or region.

1. 21.1
   This Agreement is governed by the laws of the State of Delaware, United States, excluding conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
2. 21.2
   Before filing a claim, You agree to contact Surge Networks at support@nssurge.com with a description of the dispute and the relief You seek, and to try to resolve it informally for at least 60 days. This does not prevent either party from seeking urgent injunctive relief or from bringing a claim in a small claims court.
3. 21.3
   Subject to any mandatory consumer protection law that gives You a different right, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to this Agreement, the Software, License Keys, purchases, refunds, or services, and You consent to personal jurisdiction and venue in those courts.

1. 22.1
   This Agreement, together with the Privacy Policy, Refund Policy, checkout terms, receipts, and any written agreement signed by Surge Networks, is the entire agreement between You and Surge Networks for the Software and related services.
2. 22.2
   If any provision is unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
3. 22.3
   You may not assign or transfer this Agreement, a License Key, or Software rights without Surge Networks' prior written consent. Surge Networks may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
4. 22.4
   Surge Networks is not liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, government action, pandemics, labor disputes, Internet or utility outages, and failures of third-party platforms or service providers.
5. 22.5
   The Software and Documentation are "commercial computer software" and "commercial computer software documentation". Use by the U.S. Government is governed solely by this Agreement, consistent with FAR 12.212 and DFARS 227.7202.
6. 22.6
   This Agreement is written in English. If Surge Networks provides a translation, the English version controls in case of any conflict.
7. 22.7
   Surge Networks' failure to enforce a provision is not a waiver. Notices may be provided by website posting, Software notice, license management notice, email, receipt, or other reasonable method.
8. 22.8
   For questions about this Agreement, contact support@nssurge.com.