PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18) THAT AFFECT YOUR LEGAL RIGHTS. BY CREATING AN ACCOUNT, CLICKING “I AGREE,” OR OTHERWISE ACCESSING OR USING SURELY, YOU AGREE TO BE BOUND BY THESE TERMS.
1. Agreement to Terms
These Terms of Use (“Terms” or “Agreement”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Surely Networks, LLC, a Delaware limited liability company (“Surely Networks,” “Surely,” “we,” “us,” or “our”), governing your access to and use of the Surely application and related services across all interfaces — cloud, desktop, and, as made available, mobile — together with our application programming interfaces and any other feature, tool, or content we make available (collectively, the “Services”).
This Agreement applies to every person who creates an account or otherwise accesses the Services. This Agreement incorporates by reference the following companion documents, each of which forms part of this Agreement (collectively, the “Policies”):
- Privacy Policy — describes what information we collect, how we use and share it, and your choices;
- Acceptable Use & Community Guidelines — describes conduct that is prohibited on the Services; and
- AI Disclosure Statement — describes how artificial intelligence is used in the Services and its limitations.
If you do not agree to this Agreement and the Policies, you must not access or use the Services.
2. Enterprise and Organization Access
This Agreement applies to all Users. If you access or use the Services through, or under a subscription or license held by, an organization that has entered into an Enterprise License Agreement with Surely Networks (an “ELA”) — for example, where an organization provisions a brain for you or covers your use under its license — then that ELA and any Data Processing Addendum apply to your use, and control to the extent of any direct conflict with this Agreement with respect to the subject matter the ELA addresses (such as fees and billing, data handling and ownership, liability, and support). Except to the extent of such a direct conflict, this Agreement continues to apply to you. If you accept this Agreement on behalf of an organization, you represent that you have authority to bind that organization.
3. Description of the Services
Surely is an organizational-brain and agentic operating platform that helps individuals and organizations capture, organize, search, understand, and act on their information, and give their AI and the people they rely on clear direction. The Services may include, among other things: (a) a conversational assistant and processing system (the “harness”) that operate on the content in your brain; (b) the ability to connect data sources — such as email, calendars, cloud storage, documents, and meeting transcripts — which Surely reads and processes to build and operate your brain; (c) skills, routines, agents, and knowledge packs that can summarize, draft, extract, schedule, and take other actions; (d) sharing, collaboration, and connected-brain features; and (e) related content and tools. A description of current free and paid features is available within the Services and may change from time to time as described in Section 15.
Surely is a software tool. It is not a law firm, financial advisor, medical provider, or government agency, and nothing in the Services constitutes legal, financial, tax, medical, or other professional advice.
4. Eligibility and Accounts
The Services are intended for individuals who are at least eighteen (18) years old. By creating an account, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this Agreement. We do not knowingly permit anyone under 18 to create an account, and we will terminate any account we learn belongs to a person under 18.
To access most features, you must create an account, which may use an email “magic link,” a password, or a third-party single sign-on (SSO) provider. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for maintaining the confidentiality of your credentials and for all activity under your account, and must notify us immediately of any unauthorized use. You may maintain only one personal account and may not create an account on behalf of another person without their authorization (except as expressly permitted for organization or administrator accounts).
5. Your Content and Conduct
5.1 Acceptable Use
Your use of the Services is subject to the Acceptable Use & Community Guidelines, which prohibit, among other things, impersonation, harassment, spam, inauthentic or automated abuse, unauthorized access, and connecting or processing data you do not have the right to use. A violation of the Acceptable Use & Community Guidelines is a violation of this Agreement.
5.2 Your Content
“Your Content” means any content you create, import, connect, or store in the Services — including notes, documents, files, prompts and other inputs you provide to the assistant or any AI feature, the data you connect from third-party sources, and the skills, routines, and configurations you create. You are solely responsible for Your Content and represent that you have all rights necessary to submit and process it through the Services and that it does not violate any law or third-party right.
5.3 Ownership of Your Content
As between you and Surely, you own Your Content and your brain. We do not claim ownership of Your Content.
5.4 License to Surely
You grant Surely Networks a worldwide, non-exclusive, royalty-free license to host, store, reproduce, and process Your Content (including by indexing, summarizing, translating, and processing it through artificial-intelligence systems), in each case solely to provide, maintain, secure, and improve the Services for you and to perform the functions you request. This license does not permit, and we do not, use the content of your brain or your connected data to train foundation models. We may create and use aggregated or de-identified data derived from use of the Services (which does not identify you or reveal the content of your brain) to operate and improve the Services. This Section 5.4 does not limit any different arrangement that applies to you under an ELA.
5.5 AI Output
As between you and Surely, and to the extent permitted by law and by the terms of our AI providers, you own the AI Output generated for you through your use of the Services, and you are responsible for your use of it. “AI Output” has the meaning given in Section 7. Because of the nature of generative AI, AI Output may not be unique, and similar or identical output may be generated for other users; you are responsible for confirming you have the rights you need before relying on or distributing AI Output.
5.6 Feedback
If you provide suggestions, ideas, or feedback about the Services, you grant Surely a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation or compensation to you.
6. Connected Data and Third-Party Services
The Services let you connect third-party services and data sources. When you connect a source, you authorize Surely to access and process the data you make available from it in order to provide the Services, and you represent that you have the right to connect that data and to permit its processing. Your use of a connected third-party service remains subject to that provider’s own terms and privacy practices, and you must not use a connection to violate those terms or circumvent a provider’s access controls. Surely is not responsible for the content, accuracy, availability, or practices of any third-party service, and a third-party service may change or discontinue its integration at any time.
7. AI-Generated Content
Portions of the Services use artificial intelligence, including large language models operated by our technology providers, to generate summaries, drafts, answers, actions, and other content (“AI Output”). AI Output is generated automatically and is not reviewed by a human being before it is shown to you or acted upon unless the Services expressly indicate otherwise.
We use third-party artificial-intelligence models, including models provided by OpenAI and Anthropic, to process your information and generate AI Output. When you use AI features, the prompts and other content you submit, together with the content from your brain reasonably necessary to fulfill your request, are made available to these model providers to process that request, and that processing is subject to those providers’ applicable terms and conditions and to our agreements with them. We identify our AI model providers in the AI Disclosure Statement and in our list of subprocessors, and, as described in the Privacy Policy, our agreements with them are intended to prohibit their use of your content to train their own general-purpose models where we can obtain that protection.
AI OUTPUT MAY BE INCOMPLETE, OUTDATED, OR INACCURATE, AND MAY CONTAIN ERRORS COMMONLY REFERRED TO AS “HALLUCINATIONS.” AI OUTPUT DOES NOT CONSTITUTE LEGAL, FINANCIAL, TAX, MEDICAL, OR OTHER PROFESSIONAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY AI OUTPUT BEFORE RELYING ON IT, ACTING ON IT, OR FORWARDING IT TO A THIRD PARTY.
Additional detail is provided in the AI Disclosure Statement.
8. Automated Actions and Agents
The Services can be configured to take actions on your behalf — for example, through routines, scheduled tasks, agents, or connected integrations that send messages, create or modify files, or move data between services. You are solely responsible for the automations, agents, and connections you enable and for their scope and results, including any message sent, file changed or deleted, or action taken by an automation you configured. We may, where offered, provide safeguards such as requesting your confirmation before certain sensitive actions, but we are not obligated to do so and are not liable for actions taken by an automation, agent, or connection you configured or authorized. Review the permissions and scope of any automation before enabling it.
9. Skills, Routines, and the Marketplace
The Services may allow you to create, install, publish, or share skills, routines, agents, and knowledge packs, including through a marketplace.
- You own, and are responsible for, anything you create and publish, and you represent that you have the rights necessary to publish it and that it complies with the Acceptable Use & Community Guidelines;
- By publishing or sharing an item, you grant the recipients you choose, and Surely to the extent necessary to operate the marketplace and Services, a license to access and use it;
- Items published by other users or third parties are made available “as is,” and you use them at your own risk; Surely does not author, endorse, or guarantee third-party items and is not responsible for them; and
- Any commercial distribution, monetization, or reseller arrangement for such items is governed by separate terms we present when that program is offered.
10. Fees and Billing
Certain features of the Services are offered free of charge, and others require a paid subscription. Except as otherwise governed by an ELA that applies to you, the following terms apply to paid subscriptions:
- Subscriptions and auto-renewal. Paid subscriptions automatically renew at the end of each billing cycle (for example, monthly or annually) at the then-current rate until you cancel. You may cancel at any time through the Services; cancellation stops the next renewal, and your paid access continues through the end of the current paid period.
- Payment. You authorize us and our third-party payment processor to charge your selected payment method for all applicable fees. You are responsible for keeping your payment information current. Fees are exclusive of taxes, and you are responsible for any applicable taxes.
- No refunds. Except where required by applicable law, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods, unused features, or unused usage.
- Free tier and usage limits. Free and paid plans may be subject to usage or token limits, quotas, fair-use restrictions, and throttling. We may offer to upgrade your plan or purchase additional usage where you approach or exceed a limit, and we may limit or suspend features that exceed applicable limits.
- Price and plan changes. We may change prices, plans, or plan features on reasonable advance notice (at least 30 days for a price increase), effective at the start of your next billing cycle. Your continued use after the change takes effect is your acceptance of it; if you do not agree, you may cancel before it takes effect.
11. Privacy
Your use of the Services is also governed by the Privacy Policy, which describes the information we collect, how it is used and shared, the safeguards we apply, and your choices. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.