Terms & Conditions

The following Terms and Conditions ("Terms") governs how you may access and use our mobile applications, website, and applications ("Applications") to access and use the information service platform ("Platform") for services provided by Yinson Digital Pte. Ltd., a Singapore incorporated company with its registered office at 3 CHURCH STREET, #18-01, SAMSUNG HUB, SINGAPORE (049483), operating under the name "GotSurge".

You are hereby advised to carefully read through these Terms before accessing or utilising the Platform. These Terms, which encompass both express and implied provisions incorporated by reference herein, establish the legal rights and responsibilities between GotSurge and yourself, thereby forming a binding agreement.

By utilising or accessing the Platform, you hereby expressly confirm the following:

• You have read and understood these Terms.
• You shall comply with these Terms.
• You shall comply with the Community Guidelines.
• You are at least the age of legal majority in your place of residence and are otherwise legally competent to enter into contracts.

You further acknowledge and agree that you possess the authority to enter into these Terms personally and, if applicable, on behalf of any organisation on whose behalf you have registered for use of the Platform, thereby binding such organisation to these Terms.

If you do not assent to any of these Terms, you are strictly prohibited from accessing or utilising the Platform. It is imperative that you carefully review the sections entitled "Disclaimer", "Limitations of Liability", and "Indemnity". These provisions serve to limit our liability towards you.

Within the context of these Terms, the terms "you" or "your" shall be interpreted to encompass all individuals and other legal entities who access or utilise the Platform. This includes, but is not limited to, any organisations that register for or otherwise access or utilise the Platform through their respective representatives or employees (collectively referred to as "Users").

Within the context of these Terms, "Applicable Law" shall signify the following:

• The prevailing laws, rules, and regulations of Singapore that govern payments and all services provided hereunder.
• Any and all relevant foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders, or determinations issued by (or agreements entered into with) any regulatory authority, as well as any mandatory written directions issued by (or agreements entered into with) such authorities.
• The foregoing encompasses all such pronouncements and agreements in their current form and any amendments made thereto in the future.

We reserve the unilateral right to modify these Terms at any given time. In the event of such modifications, you shall be notified through a revision of the date appearing at the commencement of these Terms. In certain circumstances, we may additionally provide you with further notification (such as by way of a statement on our homepage or an electronic mail notification). We strongly encourage you to periodically review these Terms to ensure you remain informed of our prevailing practices. Any amendments made to these Terms shall come into effect upon the posting of the revised Terms, unless we expressly notify you otherwise. Your continued use of the Platform following the posting of the revised Terms shall be construed as your acceptance of the aforementioned changes.

1. Our Services

GotSurge's services (hereinafter referred to as the "Services") are intended to facilitate connections between Users and independent third-party delivery partners (hereinafter referred to as "Driver-Partners") who offer transportation, logistics, and/or delivery services. The Platform provided by GotSurge allows Users to avail of or request the transportation and/or logistics services provided by the Driver-Partners.

You hereby acknowledge that GotSurge, by itself or any of its affiliates, does not own, employ, or furnish transportation and/or logistics services, nor does it function as a transportation carrier. It is understood that all such transportation or logistics services are provided solely by the Driver-Partners.

2. Use of the Software

• Restrictions on Use: You are expressly prohibited from the following actions:
  • Renting, leasing, sublicensing, distributing, or transferring copies of the Software or the aforementioned license to any third party.
  • Probing, scanning, or testing the vulnerability of the Platform or any network connected thereto. This prohibition also extends to breaching the security or authentication measures employed by the Platform or any connected network.
  • Modifying, adapting, reverse engineering, decompiling, disassembling, or translating the Software. Additionally, you are prohibited from creating derivative works based on the Software.
  • Interrupting the normal operation of the Software or utilizing any methods to export or alter the Software's source code.
  • Uploading or transmitting any form of computer virus, worm, Trojan horse, or other malicious code.
  • Installing and/or executing the Software on any device besides a mobile device and web browser running operating systems that have been expressly approved by GotSurge.
• Reservation of Rights: Apart from the aforementioned license to use the Software granted herein, no other licenses or rights are conferred upon you. GotSurge and its licensors expressly reserve all ownership rights to the Software and all other associated rights.

3. Use of the Services

User Account

Registration Requirements:

• To utilize the Services, you are required to register for a personal account (hereinafter referred to as an "Account") with GotSurge.
• During the Account registration process, you are obligated to furnish your personal information, such as your name and contact details, either directly or indirectly in accordance with GotSurge's Privacy Policy.

Account Access:

• Upon successful completion of the Account registration with GotSurge, you will be granted an Account accessible with a password you select.

Age Restrictions:

• Access to the Services or Platform may be limited or restricted based on your residency's legal age requirement. In such circumstances, you are bound by these age limitations and expressly prohibited from using the Services or Platform.

Accuracy of Information:

• You acknowledge and agree that the information you provide during registration and maintain thereafter is accurate, complete, and valid. GotSurge shall not be held liable for any false, incomplete, outdated, or inaccurate registration information you provide. It is understood that your failure to provide or maintain accurate, complete, and valid information may result in your inability to access and use the Services.

Account Responsibility:

• You are solely responsible for all activity that transpires under your Account. GotSurge reserves the right to verify the information you have provided at any time and may deny your use of the Services without providing a reason or prior notice.

Hardware and Device Requirements:

• You are responsible for obtaining and maintaining compatible hardware or devices necessary to access and utilize the Services and any Applications. GotSurge does not guarantee that the Services, or any part thereof, will function on any particular hardware or device.

Termination of Use:

• GotSurge reserves the right to terminate your use of the Services if you are found to be using them on an incompatible or unauthorized device or if the security of your account has been compromised in any way. GotSurge may also terminate your use for any reason it deems justifiable.

Acceptable Use of the Services

During your use of the Services, you expressly agree to the following:

• Authorised Access: You shall only access the Services through methods explicitly authorized by GotSurge.
• Personal Use: The Platform and Services provided are for your personal use only and may not be resold to any third party.
• Account Security: You are prohibited from authorizing others to utilize your Account. Additionally, you are only permitted to open a single Account. The transfer of your Account to any other person or legal entity is strictly forbidden. You may not use an Account subject to the rights of another person without proper authorization.
• Promotional Offers: GotSurge reserves the unilateral right to include or exclude Users from promotional offers.

Prohibited Conduct:

The Services may not be employed for any unlawful purposes, including but not limited to:

• Violation of Applicable Law: Infringement of any prevailing Singapore laws, rules, or regulations.
• Unlawful Material: Storing or transmitting any material that is unlawful in nature.
• Unauthorized Disclosure: Sharing sensitive personal information of others without their express consent.
• Harassment: Causing intentional harm, nuisance, inconvenience, or annoyance to others.
• Disruption: Impairing or hindering the proper operation of the Services.
• Impersonation: Exhibiting the character of impersonating another person.
• Unauthorized Copying: Copying or distributing the Services without the permission of GotSurge.

Account Credentials:

You are responsible for maintaining the security and confidentiality of your password or any other identification credentials provided by GotSurge. You are obligated to promptly submit any requested proof of identity or other documentation upon request from GotSurge.

Compliance with Law:

Compliance with all Applicable Law is mandatory while using the Services.

Interaction with Driver-Partners:

You are prohibited from directly or indirectly engaging with the Driver-Partner outside of the Platform.

Web Scraping and Data Mining:

You are expressly prohibited from using any "deep-link," "page-scrape," "robot," "spider," or other automated device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or its content. This prohibition also extends to reproducing or circumventing the navigational structure or presentation of the Platform or its content, or obtaining or attempting to obtain any materials, documents, or information through any means not purposely made available through the Platform. GotSurge reserves the right to bar any such activity.

System Security:

You shall not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform.

Data Collection:

You are prohibited from collecting or harvesting any personally identifiable information, including account names, from the Platform.

Inappropriate Behavior:

You shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification), or any other behaviour that GotSurge deems inappropriate when using the Services.

Information Sharing:

You agree to grant GotSurge the right to share your information and/or permitted information with any third parties in accordance with GotSurge's Privacy Policy.

User Warranties and Responsibilities

• Shipment Ownership: Users confirm they are either the owner of the goods being shipped or authorised agents of the owner. They further confirm they have the authority to order these shipments according to their instructions.
• Binding Agreement: Users agree to these Terms for themselves and, if applicable, on behalf of the shipment owner.
• Driver-Partner Role: Users acknowledge that Driver-Partners follow User instructions to deliver shipments to designated locations. Neither GotSurge nor Driver-Partners own or acquire any interest in the shipped goods.
• Verification and Acceptance: Users are responsible for verifying Driver-Partner and vehicle information before shipment. By proceeding, they are deemed to have accepted all shipment information, regardless of potential discrepancies with their order details. GotSurge is not liable for such inconsistencies after shipment.
• Accurate Instructions: Users must provide accurate and complete instructions to Driver-Partners. Any additional costs arising from discrepancies between provided information and reality will be borne by the User. Changes to instructions or orders, along with any resulting price adjustments, must be approved and updated in the application unless otherwise permitted by GotSurge.
• Compliance with Regulations: Users warrant compliance with all laws and regulations regarding the nature, condition, packaging, handling, storage, and transportation of shipped goods. Prohibited items include those illegal, dangerous, perishable, or radioactive. Users are liable for any losses or damages (including physical, financial, or personal injury) suffered by third parties due to their breach of these Terms.

Alcohol and Tobacco Products

• Users cannot transport alcohol or tobacco products if prohibited by local laws. Transportation is permitted only if local regulations allow it.

Driver-Partner Responsibilities and Limitations

• Driver-Partners will not open or inspect shipments and are not responsible for transporting special goods without prior User agreement.
• Except for Corporate Account Users, GotSurge and Driver-Partners are not liable for any legal issues arising from shipment transportation.

Packaging Requirements

• Users must ensure shipments are adequately packed to prevent damage during transportation. Packaging should be tamper-evident, meaning it cannot be opened without visible damage.
• For fragile items, Users must use sufficiently strong and durable packaging with appropriate cushioning materials to prevent bending during transportation. The package should be clearly marked as "Fragile."

Perishable Goods

• GotSurge is not responsible for providing temperature-controlled transportation for perishable items. Any additional protective services (if available) are solely offered by the Driver-Partner. Users bear the risk of any damage to perishable goods during transportation.

Delivery Attempts and Unclaimed Items

• If the recipient is absent, no one is present to receive the shipment, and no alternative instructions are provided, the Driver-Partner will attempt to contact the User and return the shipment.
• If the User cannot be reached, the Driver-Partner may attempt redelivery to the recipient. Unclaimed items will be delivered to GotSurge's local office. If unclaimed after 14 days, GotSurge may dispose of them at their discretion. Users will be responsible for any fees associated with additional handling and re-transportation.

Prohibited Items for Delivery

Users are guaranteed to understand that the following items cannot be delivered by Driver-Partners through GotSurge's Services:

• Fragile Items: This includes flowers, cakes, or anything requiring special handling due to delicate nature, unless packaged appropriately.
• Hazardous Materials: This includes power banks, explosives, flammable objects, or anything unsafe for transportation.
• Valuables and Documents: Cash, passports, birth certificates, credit cards, or any other sensitive documents are not allowed.
• Illegal Substances: This includes duty-free alcohol, cigarettes, or any illegal items.
• Live Organisms: Live animals and plants are prohibited.
• Unpacked or Loose Items: Items susceptible to damage during transport due to a lack of proper packaging are not allowed.
• Oversized or Overweight Items: Goods exceeding the size, dimensions, or weight limits of the chosen vehicle type cannot be delivered.
• Counterfeit Goods: Items that are replicas or imitations of genuine products are not allowed.
• High-Value Items: Deliveries exceeding SGD $500 (Singapore Dollars Five Hundred) are not covered by GotSurge's insurance. Users are responsible for obtaining their own insurance if desired.
• Additional Restricted Items:
  • Bullion, currency, tax stamps/stickers, bearer forms, negotiable instruments
  • Precious metals/stones
  • Real or imitation weapons, firearms, explosives, or ammunition
  • Human organs or remains (ashes or bones)
  • Pornographic material
  • Chemicals, unsecured flammable objects, or anything that could endanger Driver-Partners

Consequences of Non-Compliance

GotSurge reserves the right to terminate your Account, service access, and application usage for violating these restrictions. They may also modify, terminate, or suspend your Services at any time without notice due to internal policy changes, applicable law changes, your breach of these terms, or any other reason deemed necessary by GotSurge.

Service Level Agreement by Vehicle Type

This agreement outlines the expected service timelines for GotSurge deliveries based on the chosen vehicle type.

Service Time:

• Motorcycle, Car, and MPV:
  • Maximum service time is capped at 1 hour, starting from the later of the driver's arrival or the scheduled order time.
  • Each additional stop during the delivery adds 30 minutes to the total service time.
• Van and Truck:
  • Maximum service time is capped at 2 hours, starting from the later of the driver's arrival or the scheduled order time.
  • Each additional stop during the delivery adds 1 hour to the total service time.

Order Types:

• Standard Orders: Drivers are expected to arrive at the scheduled pickup time, with a 10-minute grace period allowed.
• Marine Orders: Drivers are expected to arrive at the scheduled pickup time, with a 15-minute grace period allowed.

Claims Policy

Time Limit for Claims:

• You must file a claim within 24 hours after delivery completion. GotSurge will not be liable for any claims submitted after this timeframe.

How to Submit Claims:

Corporate Users: Submit all claims through the designated Request Form. GotSurge's customer service team will respond within 10 working days.

All Users: Claims must be submitted in writing and include the following:

• Delivery order number
• Your contact information
• Any other supporting documents requested by GotSurge

Email all claims to ops@gotsurge.com

Claim Limitations:

• Only one claim can be filed per delivery order. The claim settlement will be considered final compensation for any related loss or damage.
• GotSurge's maximum liability for lost or damaged items is capped at the lower value of either the item itself or the delivery order cost. All compensation will be provided in GotSurge credits.

Damage Claims:

• The compensation amount for damaged items will be determined by GotSurge's assessment of the damage extent and the actual cash value of the item's contents. This compensation will never exceed the established limits.
• In case of lost or damaged items, GotSurge has the option to either replace the item or provide compensation via GotSurge credits, adhering to the compensation limits.

Delicate, Perishable, or Fragile Items:

• The compensation amount for damaged delicate, perishable, or fragile items depends on the chosen vehicle type for delivery. GotSurge has the sole discretion to determine the maximum compensation amount, considering the suitability of the chosen vehicle for transporting such items.
• To ensure safe delivery of delicate, perishable, or fragile items, Users are responsible for:
  • Properly packing or wrapping the items
  • Providing clear written instructions or labels for the Driver-Partner regarding proper handling
  • Ensuring the packaging and handling methods are sufficient to protect the items throughout transportation

Communications

By creating an account, you agree to receive electronic communications from GotSurge. This includes emails, text messages, phone calls, and push notifications sent to the mobile device or phone number you provide.

Here's a breakdown of what you might receive:

• Information related to orders you place through GotSurge.
• Messages generated by automated systems or prerecorded messages from GotSurge, its affiliates, or third-party contractors.

Promotions

GotSurge can offer promotions with various features and rates at its own discretion. These promotions will be subject to the existing Terms of Use and might be limited to specific users as stated in the offer details.

• Intended Use Only: You can only use promotions for their intended audience, purpose, and in accordance with the law.
• No Sharing or Selling: Duplicating, selling, or transferring promotions (unless explicitly allowed by GotSurge) is prohibited.
• Specific Terms Apply: Each promotion might have additional terms and conditions set by GotSurge.
• No Cash Value: Promotions cannot be exchanged for cash or anything similar.
• Expiration Date: Promotions are only valid until the specified date mentioned in the offer details.

GotSurge Controls Credits and Promotions: GotSurge can take back or deduct credits or benefits from promotions if they believe you obtained them by mistake, through fraud, illegally, or by violating promotion rules or these Terms of Use. GotSurge can also change or cancel promotions at any time for any reason without any obligation to you.

Free Credits Have Limitations: GotSurge may offer you free credits to use for their services, but these credits will have specific terms set by GotSurge. These credits cannot be exchanged for cash or anything similar and will expire after a certain date, at which point they cannot be used anymore.

Third-Party Interactions on GotSurge

Be Aware of Third-Party Involvement:

While using GotSurge, you might encounter advertisements or promotions from other companies (third-party service providers, advertisers, or sponsors). If you choose to interact with these third parties, such as:

• Corresponding with them
• Buying their products or services
• Participating in their promotions

You do so entirely at your own risk. Any agreements, terms, conditions, warranties, or guarantees associated with these interactions are solely between you and the third party.

GotSurge's Limited Role:

• GotSurge and its licensors are not responsible or liable for any of your communications, purchases, transactions, or promotions with these third parties.
• GotSurge takes no responsibility or liability for any agreements you make with such third-party providers.

In short, GotSurge acts as a platform, and any dealings with third-party advertisers or sponsors are your responsibility.

4. Towing Services

• Expressway and Tunnel Restrictions: Towing services are strictly prohibited on expressways and within tunnels to comply with applicable laws.
• Additional Charges: The Driver-Partner may request additional charges if necessary during the towing service. For clarification, you can contact GotSurge through ops@gotsurge.co.
• No Riders During Towing: Users are not allowed to ride along in the vehicle being towed.
• Multiple Vehicle Towing: If you need towing for more than one vehicle, you must book separate orders through the GotSurge app.

5. Payment on the Services

Platform Usage Fee: Currently, using the GotSurge platform is free. However, they reserve the right to introduce a fee in the future. You'll be notified and can choose to continue using the platform or terminate your account.

Delivery and Service Charges:

• You'll be responsible for any tolls, taxes, and other fees associated with your delivery or service ("Charges").
• Refer to the latest pricing information on the GotSurge website (https://app.gotsurge.co) app for details on dimensions, quantities, and current rates.
• Charges are subject to change based on factors like supply and demand.
• The total charge is due when you place the order from your preferred payment method.
• Charges are generally non-refundable, but GotSurge may consider exceptions on a case-by-case basis.
• All charges are in Singapore Dollars and may include applicable taxes.

Weekly Invoices:

• Unlike a wallet system, GotSurge will send you weekly invoices for all accumulated charges during that week.

Optional Fees:

• Priority fees or add-on fees are optional, but if you choose them, they will be included in the total charge on your invoice.

Additional Notes:

• GotSurge reserves the right to adjust charges based on actual circumstances.
• Order processing depends on resource availability. GotSurge will notify you if your request cannot be processed through email, text message, call, or push notification.
• GotSurge may or may not offer a refund if they cannot process your request for any reason.
• You can cancel your request before the Driver-Partner arrives, but a cancellation fee may apply.
• You will receive a receipt upon successful payment of your invoice.
• Miscellaneous charges (open quote): These are fees determined by the Driver-Partner and may include storage, dismantling, or assembly. The Driver-Partner must provide a quote before starting the job. If you disagree with the quote, contact GotSurge Customer Service before the shipment. GotSurge cannot offer compensation if you contact them after the service is complete and paid for.
• If the Driver-Partner requests additional charges not included in the original order, notify GotSurge Customer Service before paying the Driver-Partner.
   

6. Intellectual Property Ownership

Ownership of the Platform:

• GotSurge (and its licensors) owns all rights, titles, and interests related to the GotSurge platform and services, including intellectual property rights.
• These Terms don't grant you any ownership rights to the platform, services, or GotSurge's intellectual property.

Trademarks and Logos:

• Company names, logos, and product names associated with GotSurge are trademarks or intellectual property of GotSurge or third parties. You cannot use them without permission.
• You cannot remove, alter, or hide any copyright, trademark, or other proprietary notices on the platform or services.

User Content:

• You acknowledge that GotSurge is just a platform for sharing User Content and is not responsible for its accuracy or content.
• GotSurge doesn't monitor or moderate User Content, nor is it obligated to do so.
• The views expressed in User Content are those of the users and not necessarily GotSurge's.

Your Responsibilities for User Content:

• You are entirely responsible for any User Content you post or transmit.
• You guarantee that your User Content:
  • Is original and doesn't copy anyone else's work.
  • Doesn't violate any intellectual property rights, privacy rights, or personality rights of third parties.
  • Doesn't contain defamatory or disparaging statements.
• You also guarantee you have the right to grant the license mentioned in these Terms.

Indemnification:

• You agree to protect GotSurge, its affiliates, and licensors from any costs, damages, or losses caused by your User Content or your use of the platform, services, or app.

Rights Regarding User Content:

• GotSurge can remove or block any User Content (in part or whole) that it believes violates these Terms (including content that infringes on intellectual property rights or is otherwise unacceptable).

Unsolicited Ideas:

• GotSurge respects your ideas, but please don't submit any confidential information or suggestions.
• Any ideas you submit become GotSurge's property without any compensation to you.
• GotSurge has no obligation to:
  • Review your ideas.
  • Keep your ideas confidential.
  • Compensate you for using your ideas.

Downloading Information:

• You can download information from the platform that GotSurge specifically makes available for download, as long as you:
  • Don't remove any ownership notices.
  • Don't modify the information.
  • Only use the information for personal, non-commercial purposes.
  • Don't share the information on any network or broadcast it.
  • Don't make any additional claims or guarantees about the information.

Ownership Disclaimer:

• These Terms don't grant you any ownership rights to the platform, app, services, or GotSurge's intellectual property.

7. Disclaimers

GotSurge provides the Services "as is" and "as available," meaning they don't guarantee:

• Reliability
• Timeliness
• Quality
• Suitability
• Availability
• They also don't guarantee that the Services will be uninterrupted or error-free.

Your Responsibility:

• You acknowledge that using the Services and any service or good requested through them is entirely at your own risk, as permitted by law.

Third-Party Involvement (Disclaimer of Liability):

• GotSurge doesn't guarantee the quality, suitability, safety, or abilities of third-party providers (including Driver-Partners).
• These third-party providers are independent and not agents or employees of GotSurge.
• GotSurge is not responsible for any User Content or third-party content available on or linked to the Services.
• GotSurge cannot guarantee the Services or servers are free of viruses or other harmful components.

8. Limitation of Liability

What GotSurge Isn't Liable For:

• Damage, defects, changes, or substandard packaging of items during delivery.
• Pre-existing damage or defects of items before transportation.
• The quality of services provided by Driver-Partners, as they are independent contractors.
• Unaccepted bookings.
• Any damages caused by using or not being able to use the Services. This includes damages from misuse, wrong contact information, network issues, malware, viruses, or incorrect/incomplete information.
• The suitability of the communication method (mobile, email, etc.). It's your responsibility to report any booking confirmation errors immediately.
• Any direct, indirect, punitive, incidental, special, or consequential damages, including lost profits, arising from contracts, breaches, negligence, or other legalities, even if GotSurge was informed of the possibility.
• Lost items during deliveries. GotSurge will try to find them but is not responsible for any loss or damage.

GotSurge's Maximum Liability:

• Their total liability for any issue related to these Terms or their services will not exceed the order charges or the item's value (whichever is lower).
• Any compensation will be provided in GotSurge credits.

9. Indemnity

By using GotSurge's services and agreeing to these Terms, you agree to protect GotSurge (including its affiliates, licensors, officers, directors, users, employees, attorneys, and agents) from any legal claims, costs, damages, losses, liabilities, and expenses (including attorney fees) that arise out of or are connected to:

• Your Violation of the Terms or Laws: This includes any breach of these Terms of Use or any applicable laws or regulations.
• Violating Third-Party Rights: This applies if you violate the rights of any third party, including Driver-Partners you connect with through the platform.
• Your Use (or Misuse) of the Services: This covers any situation where legal issues arise due to your use of the GotSurge platform.

10. Governing Law

These Terms of Use are governed by and interpreted according to the laws of Singapore.

Dispute Resolution Process:

• GotSurge has the discretion to choose how to resolve any disputes arising from or related to these Terms, including:
  • Mediation
  • Arbitration
  • Singapore Courts

11. General

Who Can Assign These Terms:

• You cannot transfer or assign your rights and licenses under these Terms to someone else.
• GotSurge, however, can assign its rights and licenses to someone else without any restrictions.
• Any attempt to transfer or assign in violation of this clause is void.

Inheriting These Terms:

• These Terms apply to and benefit both you and GotSurge, as well as your and GotSurge's successors and permitted assignees (if applicable).

Severability:

• If any provision of these Terms is found to be illegal, invalid, or unenforceable (in whole or in part), that specific provision (or part of it) will be considered not part of these Terms.
• However, the legality, validity, and enforceability of the remaining Terms will not be affected.
• In such cases, both parties will try to replace the illegal, invalid, or unenforceable provision with a legal, valid, and enforceable one that achieves a similar effect, considering the intent of these Terms.

12. API Access

Using GotSurge API

GotSurge offers services through API integration.

Warranties for API Use

If you use GotSurge's API, you are warranting (basically guaranteeing) the following:

• You have the necessary rights and permissions to give GotSurge the data and information you provide them through the API.
• You have consent from authorised users to provide GotSurge with any personal data needed for the service.