Terms of Service

1. Acceptance of Terms

By accessing or using the SurFlow website (surflow.net) or any SurFlow platform services, you agree to be bound by these Terms of Service (“Terms”). If you are accessing or using SurFlow on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree, do not use our website or services.

2. Description of Services

SurFlow provides a surplus inventory management and donation routing platform designed for grocery retail operators. Our platform is intended to assist operators in identifying surplus inventory, coordinating food donation logistics, and generating documentation to support §170(e)(3) enhanced deduction claims. SurFlow does not provide legal, tax, or accounting advice. Any tax-related documentation generated by the platform should be reviewed by a qualified tax professional before use in tax filings.

3. No Tax or Legal Advice

SurFlow is a technology platform, not a licensed tax advisor, attorney, or accounting firm. Information and documentation generated by our platform — including §170(e)(3) valuations — are provided for informational and operational purposes only and do not constitute tax or legal advice. You should consult a qualified tax professional regarding the applicability of any deductions to your specific situation. SurFlow makes no representation that use of the platform will result in any particular tax outcome.

4. Platform Access and Accounts

Access to the SurFlow platform is governed by a separate Master Services Agreement or subscription agreement between SurFlow and your organization. These Terms apply to the public website and general platform access. You agree to:

• Provide accurate and complete information when registering or contacting us
• Maintain the confidentiality of any account credentials
• Use the platform only for lawful purposes and in accordance with these Terms
• Not attempt to access systems or data beyond your authorized scope

5. Acceptable Use

You agree not to:

• Use the platform in any way that violates applicable local, state, national, or international law
• Transmit any data that infringes third-party intellectual property rights
• Attempt to gain unauthorized access to any portion of the platform or related systems
• Use the platform to transmit unsolicited communications or harmful code
• Reverse engineer, decompile, or disassemble any platform component

6. Intellectual Property

All content on the SurFlow website and platform — including text, software, graphics, logos, and brand elements — is the property of SurFlow and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from SurFlow content without prior written permission, except as permitted by applicable law.

7. Customer Data

Operational data you provide to SurFlow (inventory records, donation data, etc.) remains your property. SurFlow processes this data solely to deliver our contracted services. Use of customer data is further governed by the data processing terms in your customer agreement. We do not sell or license customer operational data to third parties.

8. Disclaimers

THE SURFLOW PLATFORM AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SURFLOW DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Financial projections, recovery estimates, and tax documentation generated by the platform are based on data you provide and are illustrative in nature. Actual results will vary based on your specific operations, tax situation, and other factors outside SurFlow's control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURFLOW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL — ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR WEBSITE, EVEN IF SURFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SURFLOW'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SURFLOW IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify and hold harmless SurFlow and its affiliates, officers, and employees from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of your use of the platform, your violation of these Terms, or your violation of any third-party rights.

11. Modifications to Terms

SurFlow reserves the right to update these Terms at any time. Material changes will be indicated by updating the “Last updated” date. Your continued use of the website or platform after changes are posted constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Illinois.

13. Contact

Questions about these Terms should be directed to: