Last updated October 8, 2026
These Terms of Service ("Terms") govern access to and use of the SurgeTK software platform (the "Platform") provided by SurgeTK ("Provider," "we," "us," or "our"). These Terms are incorporated by reference into, and supplement, the SurgeTK Software as a Service Agreement ("SaaS Agreement") between Provider and the subscribing firm ("Client"). The SaaS Agreement and the Data Processing Agreement are published on Provider's website and Trust Center.
By accessing or using the Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms.
1. Eligibility and Permitted Users
The Platform is intended solely for use by licensed financial professionals and their authorized support staff acting on behalf of a registered investment adviser, broker-dealer, or similar regulated firm.
You represent and warrant that:
You are a financial professional or authorized personnel acting under a financial professional's supervision.
You are responsible for compliance with all applicable federal and state securities laws, regulations, and professional standards governing your practice.
2. Purpose and Function of the Platform
SurgeTK provides pre-built templates, checklists, workflows, and educational value-add materials designed to help financial professionals organize, present, and communicate planning concepts to clients.
The Platform:
Does not generate personalized financial plans
Does not provide individualized recommendations
Does not evaluate suitability
Does not replace professional judgment
All outputs are frameworks and presentation tools, not advice.
3. Scope of Services and Professional Responsibility
SurgeTK does not provide investment advice, tax advice, legal advice, or accounting advice.
All content, templates, calculations, assumptions, outputs, and materials made available through the Platform:
Are general, educational, and illustrative in nature
Are not tailored to any specific client
Should not be relied upon as advice
You acknowledge and agree that:
You are solely responsible for determining whether and how any Platform output is used with a client
You must independently evaluate accuracy, applicability, and compliance before client use
You must provide all required disclosures to clients
4. User Responsibility for Data Accuracy
You are solely responsible for:
The accuracy, completeness, and verification of all data entered into the Platform
Reviewing and validating all outputs before use or presentation
Ensuring that assumptions, inputs, and conclusions are reasonable and defensible
Provider does not:
Verify data accuracy
Validate assumptions
Audit outputs for compliance or correctness
Outputs are only as reliable as the information supplied by the user.
5. SEC Marketing Rule Acknowledgement
You acknowledge that:
The Platform does not create advertisements on your behalf
Any materials generated using the Platform may constitute "advertising" under SEC Rule 206(4)-1 depending on use
You are solely responsible for substantiation, required disclosures, fair and balanced presentation, and compliance review and approval
Provider makes no representations that any output automatically complies with SEC, FINRA, or state advertising rules.
6. No Client Reliance; Professional Judgment Required
The Platform is a professional support tool.
Clients must not be told or led to believe that:
SurgeTK provided advice
SurgeTK analyzed their situation
SurgeTK validated conclusions
You agree that all client-facing communications remain your responsibility.
7. Intellectual Property
All Platform content, templates, workflows, structures, and materials are the exclusive intellectual property of Provider and are licensed, not sold.
You may use outputs internally and with your clients in the ordinary course of business.
You may not:
Share, resell, sublicense, distribute, or publish Platform materials outside your firm
Reverse engineer or replicate the Platform
Provide Platform access to unauthorized third parties
8. Confidentiality and Data Handling
Confidentiality and data security obligations are governed by the SaaS Agreement and the Data Processing Agreement and are incorporated herein by reference.
Nothing in these Terms expands Provider's access to or ownership of Client data.
9. Disclaimers and Limitation of Liability
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."
Provider disclaims all warranties, express or implied, including:
Fitness for a particular purpose
Accuracy of outputs
Compliance suitability
To the maximum extent permitted by law:
Provider shall not be liable for indirect, incidental, consequential, or regulatory damages
Provider shall not be responsible for client outcomes, regulatory findings, or enforcement actions arising from user conduct or misuse
The limitation of liability in Section 16 of the SaaS Agreement applies to these Terms.
10. Indemnification by User
You agree to indemnify and hold harmless Provider from any claims, losses, damages, regulatory actions, or liabilities arising from:
Your use of the Platform
Client reliance on your advice
Marketing or advertising violations
Inaccurate data inputs
Failure to comply with professional obligations
11. Term and Termination
These Terms remain in effect for the duration of your access to the Platform.
Upon termination:
All licenses immediately cease
Confidentiality, intellectual property, disclaimer, and indemnification provisions survive
12. Governing Law
These Terms are governed by the laws of the State of Alaska, as specified in the SaaS Agreement.
13. Changes to These Terms
Provider may update these Terms by publishing a new version on its website and Trust Center. For a material change, Provider will notify Client's account administrators by email at least thirty (30) days before the change takes effect. Continued use of the Platform after the effective date is acceptance of the updated Terms.
14. Entire Agreement
These Terms, together with the SaaS Agreement and the Data Processing Agreement, constitute the entire agreement regarding Platform use and supersede all prior discussions or representations.
15. Contact
Questions about these Terms may be sent to [email protected].