Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legal agreement between you ("User" or "you") and Talentberg, LLC (the "Company," "we," "us," or "our"). By accessing or using DealSurge's website (currently accessible at dealsurge.ai) or any of our services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use our Services.

You acknowledge that you are at least 18 years old and legally capable of entering into a binding contract. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

Your use of our Services is also subject to our Privacy Policy, which is hereby incorporated by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Services, you consent to those data practices.

2. User Accounts and Security

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information when registering an account and to update such information as needed. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must promptly notify us at info@dealsurge.ai of any unauthorized use of your account or security breach. We are not liable for any loss or damage arising from your failure to keep your account information secure.

3. Use of Services and Restrictions

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use our Services for your internal business purposes, subject to these Terms. You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations.

Prohibited Activities

When using our Services, you must not:

• Use any information or data obtained from the Services to send unsolicited communications ("spam") or in any manner that violates applicable email marketing or data privacy laws.
• Use the Services for any unlawful purpose or engage in conduct that is fraudulent or malicious.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity while using the Services.
• Copy, scrape, reproduce, republish, or exploit any portion of the Services or our content for any commercial purpose not expressly authorized by us.
• Attempt to gain unauthorized access to any portion of the Services or any related systems or networks, or interfere with or disrupt the integrity or performance of the Services.
• Reverse engineer, decompile, or disassemble any software or technology used to provide the Services, except to the extent expressly permitted by law.
• Resell, sublicense, or otherwise redistribute our Services or allow any third party to use or benefit from the Services without our prior written consent.

4. Fees and Payment

Some of our Services may require payment of fees. You agree to pay all applicable fees for the Services selected, as described on our website or in a separate order or agreement. All fees are stated and payable in United States dollars (USD), unless otherwise specified.

Payment Method

You must provide a valid payment method (such as a credit card or other accepted payment method) and you authorize us to charge your payment method for all fees due. If we agree to invoice you, payments are due within the time frame stated on the invoice.

Taxes

Fees do not include any applicable taxes. You are responsible for any sales, use, value-added, or similar taxes (if any) imposed by any jurisdiction in connection with your use of the Services, excluding taxes based on our income.

No Refunds

Except as required by law or expressly permitted by us, all payments are non-refundable. Partial use of Services or partial periods of subscription (if applicable) will not entitle you to a refund.

Late Payments

If any payment is not received by its due date, we reserve the right to suspend or terminate your access to the Services and to charge interest on the overdue amount at the rate of 1.8% per month (or the highest rate permitted by law, if lower) from the due date until the date of payment in full.

5. Intellectual Property Rights

Our Content and Software

All content, software, data, and materials provided through our Services or on our Website, including but not limited to text, graphics, logos, buttons, images, audio clips, and software code (collectively, "Content"), are the property of DealSurge or its licensors and are protected by intellectual property laws. We reserve all rights in and to the Content and Services. You are granted a limited right to use the Content solely for the purpose of using the Services in accordance with these Terms. You may not copy, distribute, modify, or create derivative works from our Content without our prior written consent.

Your Materials

You retain ownership of any content, data, or materials that you provide to us in the course of using the Services ("Your Materials"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, and display Your Materials solely as necessary to provide the Services to you. You represent and warrant that you have all rights and permissions necessary to provide Your Materials to us and to grant the above license, and that Your Materials do not infringe or violate the rights of any third party.

Work Product

Upon your payment in full for a specific project or service, any deliverables or work product that we have created specifically for you as part of that service (such as website content, ad copy, graphics, or software configurations) will become your property. Notwithstanding the foregoing, we retain all rights to any of our underlying tools, templates, processes, or know-how that are used to create such deliverables, and nothing in these Terms will be deemed to limit our right to use any generalized knowledge, experience, or skills acquired during the provision of the Services.

Feedback

If you choose to provide us with any suggestions, ideas, enhancement requests, or feedback about our Services ("Feedback"), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback into our products and services without any obligation of attribution or compensation to you.

6. Confidentiality

Each party may disclose or make available to the other party certain non-public information that is marked or otherwise identified as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). The receiving party agrees to use the disclosing party's Confidential Information only for purposes of fulfilling its obligations under these Terms and to protect the Confidential Information with the same degree of care it uses to protect its own confidential information of a similar nature (but in no event less than reasonable care). Confidential Information does not include information that is or becomes publicly available without breach of this agreement, was already in the receiving party's possession without obligation of confidentiality, is independently developed without use of the Confidential Information, or is obtained from a third party under no duty of confidentiality. Each party may disclose the other party's Confidential Information if required by law or court order, provided it gives prompt notice (if legally permitted) to the disclosing party and reasonably cooperates in any effort to limit or contest the required disclosure.

7. Data Protection

If you receive or access any personal data or contact information through our Services (for example, details of leads or website visitors), you agree to use such information in compliance with all applicable data protection and privacy laws. You are solely responsible for providing any necessary notices to and obtaining any required consents from individuals before using their personal data, and for ensuring that your use of that data is lawful. You agree that DealSurge acts solely as a service provider or intermediary in providing such data to you, and you will not hold us responsible for your use or misuse of personal data obtained through the Services.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY of any kind. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEALSURGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the Services will meet your requirements, achieve any particular results, or be uninterrupted, secure, or error-free. Any data, information, or results you obtain through the Services (such as marketing leads or analytics) are not guaranteed to be accurate or to achieve any specific outcome for your business. You acknowledge that use of the Services is at your own risk. No advice or information, whether oral or written, obtained from us or through the Services, will create any warranty not expressly stated herein.

9. Limitation of Liability

To the maximum extent permitted by law, in no event will DealSurge or its directors, officers, employees, or affiliates be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to the Services or these Terms, including but not limited to loss of profits, loss of business, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

Our total cumulative liability for any claims arising from or related to the Services or these Terms will not exceed the total amount actually paid by you to DealSurge for the Services that gave rise to the claim, or USD $100.00 if you have paid no fees for such Services.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that such laws apply to you, some of the above disclaimers or limitations may not apply to you, and in such cases our liability will be limited to the fullest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless DealSurge and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to any third-party claims or proceedings brought against us due to:

Your Breach

Your violation of these Terms or any policies or guidelines referenced herein.

Your Content

Your Materials or any other content or data you provide to us, including any allegation that such materials infringe or misappropriate the intellectual property or privacy rights of a third party.

Your Use of the Services

Your use or misuse of the Services, including any communications or marketing activities you conduct using information obtained through the Services, or any violation of law by you in connection with your use of the Services.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You may not settle any claim affecting DealSurge without our prior written consent.

11. Termination

We may suspend or terminate your access to the Services (in whole or in part) at any time, with or without cause, and with or without prior notice. For example, we may terminate or suspend your account immediately if you breach these Terms or if your payment is overdue. You may terminate your use of the Services at any time by ceasing to access them and, if applicable, by closing your account.

Upon any termination of these Terms or your account, your right to use the Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, payment obligations, accrued rights to payment, confidentiality obligations, intellectual property rights, disclaimers of warranty, indemnities, and limitations of liability). Termination shall not relieve you of any obligation to pay any fees or charges accrued or owed to us prior to the effective date of termination.

12. Governing Law

These Terms and any dispute arising out of or related to the Services or these Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of laws principles.

13. Dispute Resolution

Before filing any formal legal claim against DealSurge, you agree to first contact us at info@dealsurge.ai to attempt to resolve the dispute informally.

In the event that a dispute cannot be resolved informally, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Harris County, Texas, and each party consents to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, we both retain the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of our respective intellectual property or proprietary rights.

14. Notices

All notices or other communications required or permitted under these Terms shall be in writing and will be deemed given: (a) if to you, when sent via email to the email address associated with your account or when posted to our Website; and (b) if to DealSurge, when sent via email to info@dealsurge.ai or delivered by certified mail or courier to our mailing address at 2500 CityWest Blvd., Suite 150, Houston, TX 77042, USA.

You are responsible for keeping your contact information (including your email address) current and accurate in your account profile. Either party may update its notice contact information by giving written notice to the other party in accordance with this section.

15. Changes to These Terms

We may modify or update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on our Website or by other appropriate means. Any changes will be effective when they are posted unless a later effective date is specified. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you should stop using the Services.

16. Miscellaneous

Entire Agreement

These Terms (including any documents or policies incorporated by reference) constitute the entire agreement between you and DealSurge regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.

Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of DealSurge.

No Third-Party Beneficiaries

These Terms are for the benefit of you and DealSurge only, and they are not intended to confer any rights or benefits on any third party (except for any indemnified parties as expressly provided in these Terms).

Independent Contractors

The relationship between you and DealSurge is that of independent contractors, and nothing in these Terms shall be construed to establish any partnership, joint venture, employment, or agency relationship between you and us.

Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

Language

These Terms may be translated into languages other than English. If we provide you with a translation of the English version of these Terms, the English version will control in the event of any conflict or discrepancy.

17. Contact Us

If you have any questions about these Terms or need to contact us for any reason, please email us at info@dealsurge.ai or write to us at: Talentberg, 2500 CityWest Blvd., Suite 150, Houston, TX 77042, USA.