Terms of service

Definitions

The following defined terms apply throughout this agreement:

Services

SurgeAI provides AI Receptionist services for mortgage brokers and lending professionals. The scope of services includes:

• 24/7 AI call answering: SurgeAI's AI Receptionist answers every inbound call to the Client's configured phone line, 24 hours a day, 7 days a week — ensuring no borrower inquiry goes unanswered.
• Borrower qualification: SurgeAI's AI Persona conducts initial conversations with prospective borrowers on the Client's behalf, qualifying interest, answering basic questions, and booking appointments or live-transferring hot prospects to the Client.
• Multi-channel follow-up: After an inbound call, the AI may send follow-up SMS messages and branded emails to the borrower — all configured to represent the Client's brand and business identity.
• Automated nurture sequences: Borrowers who do not convert on first contact receive automated follow-up messages over a 7-day period to maximize engagement and conversion.
• Analytics and reporting: SurgeAI provides real-time dashboards showing call volume, call recordings, borrower status, engagement outcomes, and conversion metrics.

Service level and response times

SurgeAI's AI Receptionist platform is designed to handle inbound calls from mortgage borrowers as quickly as possible. The following service level commitments apply:

• Instant call answering: SurgeAI's AI Receptionist answers inbound calls within seconds. Actual answer times may vary based on system load and carrier routing.
• Multi-channel follow-up: After answering a call, the AI may initiate follow-up via SMS and email. If any channel fails due to an invalid phone number or email address, the remaining channels will still fire.
• Call recordings: All AI-initiated phone calls are recorded and stored in the Client's dashboard for 90 days. Recordings may be used by the Client for quality assurance and training purposes.
• Uptime target: SurgeAI targets 99.5% monthly uptime for the AI Receptionist and call handling systems. Scheduled maintenance windows will be communicated at least 48 hours in advance.

SurgeAI provides call logs, SMS delivery receipts, and email send confirmations in the Client dashboard. If the Client disputes the handling of a call or engagement, they must raise the dispute within 48 hours of the call. Disputes raised after this window are considered waived.

Subscription and billing

SurgeAI's AI Receptionist service is offered on a monthly subscription basis. The following tiers are available:

• Starter — $297/month: Up to 200 calls per month, AI-powered call answering, call recordings, and basic analytics. Overage: $0.25 per call.
• Pro — $497/month: Up to 500 calls per month, all Starter features plus priority support, advanced analytics, and up to 3 agents with number rotation. Overage: $0.25 per call.
• Agency — $797/month: Up to 2,500 calls per month, all Pro features plus dedicated account management, custom AI Persona configuration, and unlimited agents. Overage: $0.25 per call.

Subscriptions automatically renew on the same day each month. Call counts reset at the beginning of each billing cycle. Calls received after the monthly limit has been reached will be billed as overage at $0.25/call on all tiers, or the Client may upgrade their plan.

Client obligations

By subscribing to SurgeAI's AI Receptionist service, the Client agrees to the following obligations:

• Legitimate business: The Client must operate a legally registered mortgage brokerage or lending business with all required state and federal licenses (including NMLS registration) in all jurisdictions where they originate loans.
• Timely follow-up: The Client must follow up on qualified borrowers promptly. SurgeAI's AI answers the initial call and qualifies the borrower, but the Client is responsible for continuing the conversation and closing the loan. Borrowers that go cold due to Client inaction are not eligible for credit or replacement.
• Accurate onboarding information: The Client must provide truthful and accurate information about their business name, loan products, licensing, service areas, and AI Persona preferences during the onboarding process. SurgeAI is not responsible for call handling issues caused by inaccurate onboarding information.
• Valid call routing: The Client is responsible for configuring and maintaining their call routing (phone number forwarding). SurgeAI is not liable for calls that fail to arrive due to misconfigured routing on the Client's side.
• Regulatory compliance: The Client is solely responsible for ensuring that all lending activities comply with applicable federal, state, and local regulations, including RESPA, TILA, ECOA, and state licensing requirements. SurgeAI's AI engagements are informational only and do not constitute lending advice or loan offers.
• Professional conduct: The Client agrees to conduct themselves professionally in all interactions with borrowers. SurgeAI reserves the right to terminate the business relationship if a Client's behavior reflects negatively on the SurgeAI brand or results in complaints from borrowers.

Cancellation and refund policy

SurgeAI subscriptions are billed monthly and may be cancelled at any time. The following policies apply:

• Cancellation: The Client may cancel their Subscription at any time through the portal or by contacting SurgeAI. Cancellation takes effect at the end of the current billing cycle. The Client retains access to the platform and all features until the end of the paid period.
• No partial-month refunds: SurgeAI does not issue prorated refunds for unused portions of a billing cycle. If the Client cancels mid-cycle, service continues through the end of the already-paid period.
• Credit-based resolution: If SurgeAI experiences a platform outage or service disruption that materially prevents call answering for an extended period, SurgeAI may issue account credit at its sole discretion. Credits are applied toward future billing cycles and have no cash value.
• Cancellation within first 7 days: If the Client requests cancellation within the first 7 days of their initial Subscription and fewer than 5 calls have been answered, SurgeAI may issue a refund at its sole discretion, minus a $50 onboarding and setup fee.

Non-circumvention

The Client acknowledges that SurgeAI's AI technology, engagement workflows, nurture sequences, and platform architecture represent proprietary business assets. The Client agrees to the following:

• No reverse engineering: The Client shall not attempt to reverse engineer, replicate, or extract SurgeAI's AI engagement logic, voice prompts, nurture sequences, or platform technology for use outside of the SurgeAI platform.
• No direct hiring: The Client shall not directly or indirectly solicit, recruit, hire, or engage any SurgeAI employee, contractor, or agent — either during the term of service or for a period of 12 months following the termination of the Subscription.
• No redistribution of platform data: The Client shall not share, distribute, sell, or otherwise disclose call recordings, engagement analytics, or platform-derived data to any third party, including but not limited to competitors, affiliates, or business partners — except as required for the Client's own internal compliance or business purposes.

Data ownership and usage

This section defines the ownership and permitted use of data generated through the SurgeAI platform.

• Client data ownership: The Client retains ownership of all call data and borrower information collected through the AI Receptionist, including borrower names, contact information, and inquiry details. SurgeAI processes this data solely to deliver the AI Receptionist service.
• Platform-generated data: Call recordings, AI transcripts, engagement analytics, and response time metrics generated by the SurgeAI platform are jointly owned. The Client may access and use this data for their own business purposes. SurgeAI may use anonymized, aggregated platform data to improve its services.
• Data portability: Upon cancellation or termination of the Subscription, the Client may request an export of their call data, borrower information, and call recordings within 30 days of the Subscription end date. After 30 days, SurgeAI will delete the Client's data in accordance with the retention schedule in the Privacy Policy.
• No exclusivity: SurgeAI operates on a non-exclusive basis. SurgeAI may serve multiple mortgage brokers in overlapping geographic markets. Each Client's call data is kept strictly separate and is never shared with other clients. Contact info@surgeai.net for details on custom arrangements.

Limitation of liability

SurgeAI's service is limited to AI-powered initial engagement of inbound calls from mortgage borrowers on behalf of the Client. SurgeAI does not guarantee that any call will result in a loan application, a closed loan, or any specific business outcome for the Client.

• No liability for conversion outcomes: The Client acknowledges that SurgeAI is not responsible for the Client's loan conversion rates, pricing competitiveness, underwriting decisions, or ability to close loans. SurgeAI answers the call and qualifies the borrower — the Client is solely responsible for converting qualified borrowers into funded loans.
• No consequential damages: In no event shall SurgeAI be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business opportunities, or any other commercial damages arising from or related to the services provided.
• Liability cap: SurgeAI's total aggregate liability to the Client — for any and all claims arising from or related to the services — shall not exceed the total amount paid by the Client during the three months preceding the claim.
• Force majeure: SurgeAI shall not be liable for delays or failure in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, telecommunications failures, carrier outages, or pandemic-related disruptions.

Authorization to contact on client's behalf

By subscribing to the AI Receptionist service, the Client explicitly grants SurgeAI the following authorizations:

• Representation authority: SurgeAI's AI Persona is authorized to answer inbound calls and contact borrowers via telephone, SMS, and email on behalf of the Client's business. The AI Persona will identify itself using the name, company, and branding configured by the Client during onboarding.
• Use of business name and information: SurgeAI is authorized to use the Client's business name, NMLS number, general service descriptions, and branding elements in AI-powered call handling and borrower engagements. SurgeAI will not make specific claims about loan rates, terms, or approval guarantees unless explicitly provided and approved by the Client during onboarding.
• Compliance responsibility: The Client represents and warrants that their business is in compliance with all applicable federal, state, and local regulations — including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), RESPA, TILA, and any state-specific licensing and advertising requirements. The Client agrees to indemnify and hold SurgeAI harmless from any claims, fines, or penalties arising from regulatory violations related to the Client's business or lending activities.
• Opt-out and suppression: SurgeAI honors all opt-out requests received during borrower engagement. Borrowers who request to not be contacted are suppressed immediately. The Client agrees not to pressure SurgeAI to re-engage any borrower that has opted out of communications.

Payment terms

• Subscription billing: Subscriptions are billed monthly in advance. The Client's first payment is due at the time of Subscription activation. Subsequent payments are automatically charged on the same date each month.
• Accepted methods: SurgeAI accepts payment via credit card, debit card, and ACH bank transfer. All payments are processed in US dollars through Stripe.
• Payment processing: Payments are processed through Stripe, a PCI-compliant third-party payment processor. SurgeAI does not store credit card numbers or banking details on its own servers.
• Failed payments: If a recurring payment fails, SurgeAI will retry the charge up to 3 times over 7 days. If payment is not resolved, SurgeAI reserves the right to suspend call answering until the balance is resolved. Calls received during suspension are not answered and do not count toward the monthly allocation.
• Chargebacks: Initiating a chargeback or payment dispute without first attempting resolution directly with SurgeAI constitutes a breach of this Agreement. SurgeAI reserves the right to pursue all available legal remedies, including recovery of the disputed amount plus any associated fees, and immediate termination of the Subscription.

Governing law and dispute resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. SurgeAI operates as a service of Fintier LLC, a Wyoming limited liability company.

• Informal resolution: Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute informally by contacting SurgeAI at info@surgeai.net. The parties will have 30 days from the date of initial notice to reach an informal resolution.
• Binding arbitration: If informal resolution fails, any dispute, claim, or controversy arising from or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Wyoming or remotely at the arbitrator's discretion.
• No class actions: The Client agrees that any dispute resolution proceedings will be conducted on an individual basis only and not as a class action, consolidated action, or representative action.
• Prevailing party fees: In any arbitration or legal proceeding arising from this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party.
• Severability: If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

By subscribing to SurgeAI's AI Receptionist service, the Client acknowledges that they have read, understood, and agreed to be bound by all terms set forth in this Agreement.

For questions about these terms, contact us at info@surgeai.net.