Surf-Security-Terms And Condition

1. About these terms

These Terms of Use ("Terms") govern use of the SURF Zero Trust Browser and the SURF browser extension (together, the "Product"), provided by Surf Security Inc, a Delaware corporation ("SURF", "we", "us").

By installing or using the Product, you agree to these Terms. If you do not agree, do not install or use the Product.

2. The Product is licensed to organisations

The Product is enterprise software. It is licensed to an organisation under a written agreement between that organisation and SURF (an "Enterprise Agreement"), and it requires a tenant provisioned under such an agreement in order to function. It is not offered or sold to individual consumers.

If you are using the Product because your employer or another organisation deployed it to you, that organisation's Enterprise Agreement governs the commercial relationship, and these Terms apply to you as an authorised user of that organisation. Where these Terms conflict with an Enterprise Agreement, the Enterprise Agreement prevails as between SURF and that organisation.

If you have obtained the Product without an Enterprise Agreement covering you, you are not licensed to use it and should uninstall it.

3. What the Product does, and administrator control

The Product is a secure enterprise browser and browser extension that allows an organisation to apply security policies to web and SaaS activity on a device.

You should understand that your organisation's administrators configure the Product and can see activity and events generated on your device, within the scope of the policies they have enabled. What is collected, and for how long it is kept, is determined by your organisation, not by SURF. Our Product Privacy Policy explains what data the Product collects by default and what requires an administrator to enable it. Questions about your organisation's configuration, and requests relating to your own data, should go to your IT, security, or privacy team.

4. Licence

Subject to these Terms and to the applicable Enterprise Agreement, SURF grants a limited, non-exclusive, non-transferable, revocable licence to install and use the Product for its intended purpose. That licence lasts only as long as the organisation's subscription and your authorisation under it.

5. Acceptable use

You must not:

Copy, modify, translate, or create derivative works of the Product, except as permitted by applicable law or by the open source licences referred to in section 7
Reverse engineer, decompile, or disassemble the Product, or attempt to derive its source code, except to the extent applicable law expressly permits and you have first requested the relevant information from us
Circumvent, disable, or tamper with the Product's security controls, policy enforcement, logging, or update mechanisms, or assist anyone else in doing so
Rent, lease, resell, sublicense, or provide the Product to any third party as a service, or use it to build a competing product
Conduct penetration testing, vulnerability scanning, or benchmarking of the Product, or publish the results of any such testing, without our prior written consent
Remove or obscure any proprietary notice, trademark, or attribution in the Product
Use the Product unlawfully, or to infringe the rights of others, or to transmit malware or other harmful code
Use the Product if you are under 18 years of age

6. Intellectual property

The Product, and all intellectual property rights in it, remain the property of SURF and its licensors. Nothing in these Terms transfers any ownership. Feedback you choose to give us about the Product may be used by us without restriction or obligation to you, and does not give us any rights in your own confidential information.

7. Third party and open source components

The Product includes components licensed from third parties, including components of the Chromium open source project. Those components are licensed under their own terms, which are made available with the Product or on request, and which prevail over these Terms to the extent of any conflict in relation to those components.

The Product operates on and alongside third party websites and services. We are not responsible for the availability, content, or practices of those third parties.

8. Warranties and disclaimers

The warranties given by SURF in respect of the Product are set out in the applicable Enterprise Agreement, and those are the only warranties SURF gives. Nothing on this page adds to or reduces them.

To the maximum extent permitted by law, and except as expressly warranted in an Enterprise Agreement, the Product is provided without warranty of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error free operation. No security product can prevent every threat, and we do not warrant that the Product will detect or block all malicious activity or all policy violations.

9. Limitation of liability

SURF's liability in respect of the Product is governed by the limitation and exclusion of liability provisions of the applicable Enterprise Agreement, which apply in place of this section as between SURF and the contracting organisation.

To the maximum extent permitted by law, and without prejudice to those provisions, SURF will not be liable to any individual user for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Product, whether in contract, tort, or otherwise.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

10. Updates and changes to the Product

The Product updates automatically so that security protections remain current. We may add, change, or remove features. Material changes are handled as the applicable Enterprise Agreement provides.

11. Term and termination

These Terms apply for as long as you use the Product. We may suspend or terminate access if these Terms are breached, if required by law, at the deploying organisation's direction, or on expiry of that organisation's subscription. Sections 6, 8, 9, 12, and 13 survive termination.

12. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms. Where an Enterprise Agreement specifies a different governing law or forum, that agreement prevails as between SURF and the contracting organisation.

Nothing in this section deprives anyone of the protection of the mandatory law of their country of residence.

13. General

If any provision of these Terms is held unenforceable, the remainder continues in effect. Our failure to enforce a provision is not a waiver of it. These Terms may not be assigned without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the applicable Enterprise Agreement and the Product Privacy Policy, are the entire agreement on this subject.