Last updated: August 19, 2026
By accessing, downloading, installing, or using The AI Surfer OS (the "Software"), you agree to these Terms & Conditions (the "Terms"). If you do not agree, do not access or use the Software. "The AI Surfer Parties" means The AI Surfer and its owners, founders, officers, employees, contractors, affiliates, licensors, and contributors.
Portions of the Software may be made available under an open-source license. Your rights to use, copy, modify, or distribute those portions are governed by the applicable license. Access keys, hosted services, proprietary components, support, and updates may be subject to separate access restrictions and are not granted merely because other portions are open source. Unless expressly stated otherwise, an access key is limited to one server, may have a defined duration, and may be suspended or revoked for misuse, security risk, nonpayment, or violation of these Terms. Expiration may prevent access to updates or related services.
Except for portions expressly made available under an applicable open-source license, the Software, including its proprietary source code, object code, architecture, workflows, user interfaces, documentation, branding, access-controlled components, and all related intellectual property, is owned by or licensed to The AI Surfer and is protected by intellectual-property and other applicable laws. No ownership rights are transferred to you.
To the fullest extent permitted by applicable law, and unless The AI Surfer gives you prior express written permission, you may not, directly or indirectly, copy, reproduce, distribute, publish, disclose, sell, resell, rent, lease, sublicense, assign, transfer, commercialize, white-label, or otherwise make available any proprietary portion of the Software or its source code. You also may not modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, or use any proprietary portion of the Software to develop, market, provide, or sell a substantially similar or competing product or service. You may not remove or obscure proprietary notices, share access keys, bypass technical restrictions, or permit another person or entity to do anything prohibited by this section.
This section does not restrict rights that cannot lawfully be restricted, including any rights expressly granted under an applicable open-source license. Any unauthorized use may cause irreparable harm for which monetary damages are inadequate, and The AI Surfer may seek injunctive or equitable relief, in addition to suspension, termination, damages, and any other remedies available at law or in equity.
You understand and accept that:
You are solely responsible for the data, files, prompts, instructions, credentials, API keys, tokens, permissions, and account access you provide or make available to the Software. You are responsible for maintaining appropriate backups and security controls, limiting agent permissions, promptly revoking compromised credentials, and ensuring you have all rights and lawful authority needed to process or transmit data. You acknowledge that information sent to third-party services is also subject to those providers' terms, security practices, and privacy policies.
You may not use the Software unlawfully, deceptively, abusively, to violate another person's rights, to bypass security controls, or to distribute malware. The Software is not designed or approved as a substitute for licensed medical, legal, accounting, investment, or other professional advice, or for safety-critical systems, weapons, emergency services, critical infrastructure, eligibility or employment decisions, or fully autonomous financial transactions. You assume all responsibility if you use the Software in or around any high-risk activity.
The Software may integrate with third-party products and services. Those services are governed by their own terms and privacy policies and may change, suspend access, impose fees, lose data, restrict accounts, or stop working without notice. The AI Surfer Parties do not control and are not responsible for any third-party service, output, availability, security, conduct, charge, account action, or data practice. Your use of third-party services is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND ALL RELATED SERVICES, INFORMATION, UPDATES, AND SUPPORT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, OR RESULTS. THE AI SURFER PARTIES DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPATIBLE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY OUTPUT OR ACTION WILL BE ACCURATE, LAWFUL, SAFE, OR SUITABLE FOR YOUR USE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AI SURFER PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, CREDENTIALS, USE, OR REPUTATION, ARISING FROM OR RELATED TO THE SOFTWARE OR THESE TERMS, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF ALL AI SURFER PARTIES FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SOFTWARE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID DIRECTLY TO THE AI SURFER FOR THE SOFTWARE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
This limitation includes claims arising from:
Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you. In that event, liability is limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify, and hold harmless the AI Surfer Parties from all third-party claims, demands, proceedings, damages, judgments, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or related to your data, instructions, accounts, agents, use or misuse of the Software, violation of these Terms or applicable law, or infringement of another person's rights. The AI Surfer may control the defense and settlement of any covered matter, and you agree to reasonably cooperate.
You may stop using the Software at any time. The AI Surfer may suspend or terminate access to keys, hosted features, services, support, or updates if reasonably necessary to protect users, systems, third parties, or the AI Surfer Parties, or if you violate these Terms. Sections that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnification, dispute terms, and general provisions—will survive.
These Terms are governed by Arizona law, without regard to conflict-of-law principles. Any dispute arising from or related to the Software or these Terms must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to their jurisdiction and venue. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL, AND EACH PARTY MAY BRING CLAIMS ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
To the maximum extent permitted by law, any claim arising from or related to the Software or these Terms must be filed within one year after the claim arose, or it is permanently barred.
The AI Surfer may update these Terms by posting a revised version at this URL and changing the "Last updated" date. Material changes apply prospectively. Your continued use after revised Terms become effective constitutes acceptance where permitted by law; when required, we may request renewed affirmative acceptance.
These Terms and any applicable software license are the entire agreement concerning their subject matter and supersede prior discussions or representations. If a provision is unenforceable, it will be enforced to the greatest extent permitted and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign these Terms without written consent; The AI Surfer may assign them in connection with a merger, financing, reorganization, sale, or transfer of its business or assets. The AI Surfer Parties are not liable for delay or failure caused by events beyond their reasonable control.
Questions about these Terms? Contact the AI Surfer team through theaisurfer.com.
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