Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SurgePoint platform ("Service"), operated by SurgePoint, Inc. By subscribing to or using the Service, you agree to these Terms.

1. The Service

SurgePoint provides a platform that allows business clients to manage, respond to, and facilitate appointment bookings through inbound customer messages on Instagram and other supported channels. The Service includes automated message-handling tools that assist Client staff in viewing and responding to customer messages, along with a human-agent escalation path.

The Service is designed to help businesses respond more effectively to customers who initiate contact. It is not a tool for unsolicited outreach, cold messaging, or bulk marketing to individuals who have not initiated contact with the Client.

2. Eligibility and Account Requirements

• You must be at least 18 years old and authorized to enter into a binding agreement on behalf of your business.
• You must have lawful authority to connect any Instagram professional account or other social media account to the platform.
• You are responsible for maintaining the security of your SurgePoint account credentials.

3. Automated Messaging and Bot Disclosure

The SurgePoint platform includes automated messaging functionality that responds to inbound customer messages on behalf of Clients. By using this feature, you agree to the following:

• Bot Disclosure Requirement: Clients must ensure that automated conversations initiated through SurgePoint include a clear and conspicuous disclosure to end users that they are interacting with an automated system. SurgePoint's default message templates include this disclosure. Clients must not disable or remove this disclosure.
• Human Escalation Path: Clients must maintain an accessible path for end users to reach a human agent. SurgePoint provides built-in escalation functionality for this purpose. Clients must not configure the platform in a way that traps end users in an automated loop with no human exit.
• User-Initiated Conversations Only: The automated messaging feature may only be used to respond to messages initiated by end users. Clients may not use SurgePoint to send unsolicited outbound messages to individuals who have not initiated contact.
• Compliance with California B.O.T. Act: Use of automated messaging features to interact with California users must comply with California SB 1001. SurgePoint's default configurations are designed to support this compliance; Clients are responsible for not circumventing these protections.

4. Meta Platform Compliance

Use of SurgePoint's Instagram messaging features is subject to Meta's Platform Terms, Messenger Platform Policy, and Instagram Community Guidelines, in addition to these Terms. By connecting an Instagram account to SurgePoint, you agree to:

• Grant SurgePoint the permissions necessary to read and respond to inbound Direct Messages on your behalf, as authorized through Meta's OAuth flow.
• Comply with Meta's 24-hour messaging window policy. Automated responses may only be sent within the 24-hour window following a user's message. Extended messaging using the Human Agent tag must be performed by a human agent, not automated responses.
• Not use SurgePoint in any manner that violates Meta's Platform Policies, including policies on spam, harassment, or unauthorized data collection.
• Ensure your Instagram account remains in good standing with Meta. SurgePoint is not responsible for restrictions placed on your account by Meta.

5. Healthcare and HIPAA

SurgePoint is not a HIPAA Business Associate and does not provide a HIPAA-compliant messaging environment through the Instagram Messaging API. Meta is not a HIPAA Business Associate and does not sign Business Associate Agreements (BAAs).

Clients operating in healthcare-adjacent industries (including medical spas, aesthetic clinics, and wellness providers) are solely responsible for:

• Ensuring they do not transmit Protected Health Information (PHI) through Instagram Direct Messages or any Meta platform channel.
• Maintaining their own HIPAA compliance obligations independently of SurgePoint's platform.
• Using neutral, non-diagnostic language when configuring automated message templates. SurgePoint's platform is appropriate for appointment scheduling and general lead qualification; it is not designed for clinical communication or transmission of patient health information.

SurgePoint recommends that healthcare-adjacent Clients consult with a HIPAA compliance professional regarding their use of social media messaging platforms.

6. Prohibited Uses

You may not use SurgePoint to:

• Send unsolicited messages to individuals who have not initiated contact with your account.
• Impersonate a human agent when interacting with end users via automated responses without the required disclosure.
• Collect, store, or transmit Protected Health Information (PHI) through the platform.
• Engage in deceptive, harassing, or abusive communications with end users.
• Violate any applicable law, regulation, or third-party platform policy including Meta's Platform Policies.
• Attempt to circumvent Meta's messaging rate limits, 24-hour windows, or other platform restrictions.
• Use the platform for spam, bulk cold outreach, or any form of unsolicited commercial messaging.

7. Data and Privacy

Your use of the Service is also governed by SurgePoint's Privacy Policy, incorporated here by reference. You represent and warrant that you have obtained all necessary consents and have the legal right to share with SurgePoint any Customer data processed through the platform on your behalf.

8. Platform Dependency Disclosure

SurgePoint's Instagram messaging features depend on Meta's Graph API and Instagram Messaging API. SurgePoint does not control Meta's platform and cannot guarantee uninterrupted access to these APIs. Meta may at any time:

• Change or deprecate API features or permissions.
• Modify its platform policies in ways that affect SurgePoint's functionality.
• Restrict or suspend access to accounts that violate its policies.

SurgePoint will use commercially reasonable efforts to maintain service continuity and notify Clients of material platform changes. SurgePoint is not liable for service interruptions caused by changes to Meta's platform, API availability, or policy enforcement.

9. Fees and Cancellation

SurgePoint is offered on a subscription basis. Fees are as described on the SurgePoint website or in your order agreement. Subscriptions renew automatically unless cancelled prior to the renewal date. Upon cancellation, access continues through the end of the paid period. Refunds are not provided for partial periods.

10. Limitation of Liability

To the maximum extent permitted by law, SurgePoint's liability for any claim arising from your use of the Service is limited to the fees paid by you in the three months preceding the claim. SurgePoint is not liable for indirect, incidental, special, or consequential damages, including lost revenue or data loss, arising from use of or inability to use the Service.

11. Indemnification

You agree to indemnify and hold harmless SurgePoint, its officers, employees, and contractors from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights including Meta's Platform Policies.

12. Modifications to Terms

SurgePoint may update these Terms from time to time. We will provide notice of material changes via email or platform notification. Continued use of the Service following notice constitutes acceptance. If you do not agree to updated Terms, you may cancel your subscription before they take effect.

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Ventura County, California.

14. Contact

• Email: dane@thesurgepoint.com
• Website: thesurgepoint.com/terms