Dream Surge · Legal
Terms of Service
Effective date:
These Terms explain the conditions for using Dream Surge’s website and services, including subscriptions, automated communications, and our text messaging program.
1. Agreement and eligibility
These Terms govern the website and services offered by Dream Surge LLC (“Dream Surge,” “we,” “us,” or “our”). By accepting these Terms, placing an order that incorporates them, or using the services after being given notice of these Terms, you agree to them to the extent permitted by law. If you act for a business, you represent that you have authority to bind it. Our business services are intended for people at least 18 years old who can enter a binding agreement.
An order form, statement of work, data processing agreement, or other separate agreement accepted by both parties controls over these Terms for the subject it expressly addresses. A specific refund, ownership, or service commitment expressly included in your purchase remains part of that agreement.
Our Privacy Policy explains information handling. Acceptance of these Terms is not consent to marketing texts, artificial-voice calls, recordings, or nonessential tracking where separate consent is required.
2. Services and third-party platforms
Dream Surge provides websites, hosting, customer management, lead-response and follow-up workflows, messaging, and AI-assisted tools. Your purchased plan or written order defines included features and deliverables. Additional work, integrations, advertising, custom development, or changes outside that scope require a separate agreement about scope and charges.
Services may rely on HighLevel, telecommunications carriers, hosting services, AI providers, payment processors, and other third-party platforms. Their availability, technical limits, acceptable-use rules, and applicable terms affect connected features. We do not control their approval decisions, algorithm changes, account restrictions, or outages. You are responsible for accounts and permissions you supply, and any third-party services you purchase directly.
We may maintain, update, or replace features. We will not use a general feature-change provision to remove a material paid commitment without the notice and remedies required by your agreement or applicable law.
3. Billing, renewal, and refunds
Subscriptions are billed in advance on the monthly or annual schedule disclosed at purchase. Where recurring billing is authorized, the subscription renews for the selected interval until canceled. You authorize the disclosed recurring charges to your selected payment method. Applicable taxes and charges identified at purchase are additional unless stated otherwise.
You may request cancellation at any time by emailing support@dreamsurge.ai. Unless your accepted order or applicable law provides a different rule, provide 30 days’ notice, consistent with our published month-to-month terms. We will confirm the effective cancellation date and any final charge. Cancellation stops subsequent renewals after it takes effect; it does not automatically refund elapsed or prepaid service.
First-time subscriptions have a 30-day, no-questions-asked refund policy. Request it within 30 days of the initial subscription purchase using the email above. After that period, subscription fees are non-refundable except as your agreement or applicable law requires. This subscription refund does not include separately purchased third-party services or advertising spend unless expressly included in the offer.
Phone numbers, SMS/MMS, calls, email, AI usage, recording/storage, carrier registration, and other metered services may incur separate usage charges. Review the Phone Pricing & Billing Guide and your order for applicable rates. Third-party usage charges are distinct from the subscription price. We will provide advance notice of changes to our subscription prices before they apply to a renewal, with an opportunity to cancel.
Notify us promptly of a billing error so we can investigate. Nothing in these Terms limits statutory payment-dispute or refund rights. We may suspend a delinquent account after appropriate notice, subject to applicable law and the terms of your order.
4. Website ownership and intellectual property
You retain ownership of the domain registration, branding, content, and other materials you provide. Consistent with our published website offer, you own the customer-specific website content and code created for and delivered to your business, subject to payment of amounts properly due and the third-party and pre-existing rights described below. Canceling a subscription does not forfeit that ownership.
We retain rights in our pre-existing templates, reusable tools, software, know-how, and platform technology. To the extent our retained materials are incorporated into your delivered website, we grant you a continuing, nonexclusive license to use and modify those materials as part of that website. Third-party fonts, images, software, and open-source components remain subject to their respective licenses.
Hosting, CRM access, AI tools, messaging numbers, automations, provider accounts, and ongoing maintenance are subscription or third-party services; website ownership does not make them perpetual or transferable. On cancellation, you may request an export of the website files you own. Migration work or services beyond delivery of available files require a separate agreement. Any restrictions on third-party assets or platform-dependent functions continue to apply.
Our brand, marketing website, and materials not supplied as customer deliverables remain ours or our licensors’. You may use them to evaluate or access our services, but may not represent them as your own or use our branding to imply endorsement without permission.
5. Customer data and confidentiality
You retain your rights in customer records and materials you supply. You grant us a limited right to host, copy, transmit, process, and adapt those materials as needed to provide the services, carry out your instructions, maintain security, and meet legal obligations. This does not authorize unrelated marketing use of your contacts or their messaging consent.
Each party will take reasonable care to protect nonpublic business information received from the other and use it for the relationship’s purposes. Access may be provided to personnel and service providers who need it and are subject to appropriate confidentiality obligations. This restriction does not cover information independently developed, lawfully received without restriction, already known without a duty of confidence, or publicly available through no breach. Legally compelled disclosures are permitted, with notice where lawful and reasonably practicable.
A separate data processing or confidentiality agreement controls where it applies. Personal-information handling is described in the Privacy Policy. Maintain copies of materials critical to your business and request exports before your service ends; ongoing access and indefinite backup retention are not included unless expressly agreed.
6. Customer responsibilities
Provide accurate business information, maintain authority over connected accounts, protect credentials, and promptly report suspected unauthorized access. You are responsible for the content, instructions, targeting, permissions, and account activity under your control.
- Use the services lawfully and obtain rights to supplied content, contact data, voices, likenesses, and other materials.
- Do not send spam, unlawful marketing, deceptive messages, threats, discriminatory content, malware, or content that infringes others’ rights.
- Do not impersonate someone without authority, misrepresent an AI as a particular real person, fabricate reviews, or instruct a tool to make claims you cannot substantiate.
- Do not bypass security, messaging limits, suppression lists, platform restrictions, or another person’s privacy choices.
- Do not submit regulated health data, payment credentials, government identifiers, or similarly sensitive data unless a separate appropriate agreement and approved configuration specifically permits it.
Dream Surge tools support your operations; they do not transfer your duties as the business communicating with customers or make us the provider of your underlying trade or professional services.
7. Dream Surge SMS/MMS Program Terms
Program and sender: Dream Surge LLC operates the Dream Surge text messaging program. Depending on the program you affirmatively join, messages may concern your inquiry or demo, appointment confirmations and reminders, account or service updates, customer support, or, with the required marketing consent, Dream Surge offers and promotions. Messages may be recurring and sent using automated technology or AI-assisted content.
Consent: enroll through an opt-in method that identifies Dream Surge and the types of messages you agree to receive. Providing a phone number, accepting general terms, or asking a question does not by itself authorize recurring promotional messages. Marketing consent is not required to buy anything. Permission is specific to the sender and purpose disclosed at enrollment and cannot be transferred to another business.
Frequency and charges: message frequency varies with the program, your appointments, account activity, and interactions. Message and data rates may apply to messages sent or received. Contact your wireless provider about your plan.
Opt out: reply STOP to the number that sent a message to end Dream Surge texts. You may receive one non-promotional confirmation of the opt-out, after which messages from that program will stop unless you opt in again. We also honor other clear, reasonable revocation requests as required by law. You can contact support with the affected number for assistance. To rejoin, complete a new opt-in; do not assume an inquiry automatically re-enrolls you.
Help: reply HELP to a message, or email support@dreamsurge.ai for assistance with the program. Email support is also available if a reply cannot be delivered.
Eligibility and delivery: you must be at least 18 and authorized to use the number you enroll. Tell us if you give up or change that number. Delivery depends on network and device availability and is not guaranteed. Carriers are not liable for delayed or undelivered messages. Text messaging is not an emergency service.
Privacy: read our Privacy Policy, including the mobile-information and consent restrictions. Marketing opt-out does not cancel a paid service, and a service cancellation does not replace a request to stop marketing messages.
8. Messaging responsibilities for business customers
If you send messages or place calls through our services, you are responsible for your campaign, including applicable TCPA, do-not-call, email, recording, state-law, and carrier requirements. Obtain the legally required permission before sending; keep evidence of the disclosure and consent; identify your business; observe applicable contact hours; and promptly apply revocations across affected workflows.
Use appropriate A2P 10DLC or other required registration for the actual sender and use case. Keep campaign details, sample messages, opt-in language, and public policies consistent. Do not use purchased, rented, or transferred consent, or assume an inbound inquiry authorizes unrelated marketing. SMS enrollment must not be bundled with a mandatory purchase or general-terms acceptance where prohibited.
You are responsible for required notices concerning AI, synthetic voices, call monitoring, transcription, and recording, including notices during an interaction where required. An online privacy policy is not a substitute. Test automation, opt-out routing, and consent records before enabling a campaign. Our assistance and these Terms do not guarantee carrier approval or legal compliance.
9. AI and automated communications
Features may use AI-generated text, synthetic speech, transcription, summaries, suggested replies, and automated routing or scheduling. People interacting with those features may be communicating with an AI assistant. The Privacy Policy’s AI section explains related information processing.
AI output can be incorrect, incomplete, biased, or unsuitable. You must review business instructions, claims, offers, regulated content, and material decisions for accuracy and suitability, and maintain a way to correct errors and obtain human review. Do not use these features as a substitute for emergency services, licensed professional judgment, or legally required human decision-making.
AI output does not guarantee a booking, price, eligibility decision, or other binding commitment unless confirmed by an authorized person or a workflow expressly authorized by the responsible business. We do not promise output is unique or eligible for copyright, or that it is free of third-party rights. You are responsible for your chosen uses and modifications, subject to obligations that cannot lawfully be shifted.
You may request a human or another communication method by emailing support@dreamsurge.ai. These Terms do not provide blanket consent to artificial-voice marketing calls or recordings.
10. Disclaimers and results
Except for commitments expressly included in your agreement and warranties that cannot lawfully be excluded, the website and services are provided “as is” and “as available.” To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We do not guarantee uninterrupted operation, error-free AI output, message delivery, search rankings, advertising approval, lead volume, revenue, or particular business results.
Examples, projections, testimonials, and case studies describe particular or illustrative circumstances and are not a promise of your results. A specific guarantee expressly offered with and applicable to your purchase remains governed by its stated terms; this general disclaimer does not cancel it. You remain responsible for verifying that a service is suitable for your business and for reviewing public claims made on your behalf.
11. Limitations of liability
To the maximum extent permitted by applicable law, Dream Surge and its personnel and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenue, business opportunities, goodwill, or data arising from the website or services, even if advised that such loss was possible.
To the same extent, our total aggregate liability arising out of or relating to these Terms or the services, across all related claims and legal theories, will not exceed the fees you paid to Dream Surge for the services during the three months immediately preceding the event giving rise to the claim. For use of the free website without a paid service, that aggregate limit is US $100.
These limits apply whether a claim is framed in contract, tort, negligence, statute, or otherwise, only where enforceable. They do not exclude liability for fraud, willful misconduct, or any liability, remedy, refund, or consumer right that applicable law does not permit us to exclude or limit. A separate agreement may expressly provide different limits.
12. Business customer indemnity
If you use the services for a business, to the extent permitted by law you will defend and indemnify Dream Surge against third-party claims, resulting judgments or approved settlements, and reasonable defense costs to the extent caused by your unlawful content, lack of required messaging or recording permission, infringement by materials you supply, or material breach of these Terms.
This obligation does not apply to the extent a claim results from our own breach, negligence, or misconduct. We will give reasonably prompt notice and reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by us, imposes nonmonetary obligations on us, or fails to release us without our written approval. This section does not impose an indemnity on consumers where prohibited by law.
13. Suspension and termination
We may restrict or suspend affected services to address a material breach, nonpayment, a security incident, legal or provider requirements, or an immediate risk of harm. We will provide notice and an opportunity to resolve the issue where reasonable, unless doing so would create risk or violate a legal restriction. Repeated or serious violations may result in termination.
When service ends, hosted features and automations may stop. You remain responsible for amounts properly accrued before termination. Website ownership, available exports, and third-party limitations are addressed in Section 4; retained information is governed by the Privacy Policy and applicable agreements. Cancellation does not eliminate a valid refund claim.
Provisions that by their nature should continue—including accrued payment obligations, ownership, confidentiality, liability limits, dispute provisions, and applicable indemnity obligations—survive termination.
14. Disputes and mandatory rights
Please contact support@dreamsurge.ai to explain a dispute and the requested resolution. We encourage good-faith efforts to resolve concerns directly. This request does not require you to delay a legal filing, miss a deadline, waive a right, or refrain from contacting a regulator.
Any governing-law or venue provision in a separately accepted agreement applies subject to mandatory law. Otherwise, applicable law and the rules of a court with jurisdiction govern. These website Terms do not create a mandatory arbitration agreement or waive rights that cannot lawfully be waived.
15. General terms and updates
Neither party is responsible for delays caused by events beyond its reasonable control, such as widespread network failures or natural disasters, to the extent permitted by law and provided it takes reasonable steps to reduce the impact. This does not excuse amounts already due or override mandatory refunds or other remedies.
You may not transfer a service account or this agreement without our written consent, except as allowed by law. We may assign the agreement in a merger, reorganization, or transfer of the relevant business, subject to applicable privacy and contractual obligations. No assignment expands an individual’s messaging consent.
If a provision is unenforceable, the remaining provisions continue to apply to the extent legally possible. A failure to enforce a provision is not a waiver. No partnership, employment, or authority to bind the other party is created by these Terms.
We may update these Terms and will revise the effective date above. Material changes to an ongoing paid relationship require the notice and assent required by applicable law or the accepted agreement. Changes do not apply retroactively to accrued claims, remove vested ownership or refund rights, or expand SMS consent. These Terms and applicable accepted agreements describe the parties’ agreement on their subject matter.
16. Contact and related policies
Dream Surge LLC
Email: support@dreamsurge.ai
Website: dreamsurge.ai
For information handling, read the Privacy Policy. To report a barrier or request these Terms in another format, visit the Accessibility Statement.