Terms of Service
Terms of Service
These Terms are the agreement between you and uSurge LLC, a California limited liability company ("uSurge", "we", "the Operator"), for anything you buy or use from us: the websites at usurge.us and deltaproof.usurge.us, the DeltaProof report service, digital products such as books and prompt packs, software we may offer by subscription, and field services performed in person. By purchasing, uploading, downloading, or submitting a request, you accept these Terms.
1. Who May Use Our Services
You must be at least 18 years old and able to form a binding contract. Our services are offered to businesses and to individuals acting for business or household purposes in the United States. If you buy on behalf of a company, you represent that you are authorized to bind it.
2. What We Sell
| Product | What It Is | How It Is Priced |
|---|---|---|
| DeltaProof | A data processing service. You upload your Original Plan and its Addendum (and, for Bid Impact, your itemized Bid for Original Plan); we return a report listing the changes between them, with quantities, sheet references, and, for Bid Impact, the bid lines each change touches. | A processing fee plus a charge for each page you submit, by page type, shown as a price after your files are checked and before anything touches your card. Revision Diff and Bid Impact are priced separately. |
| Digital products | Books, prompt packs, and templates delivered electronically. | One-time fee, shown at checkout. |
| Software subscriptions | Web software offered by subscription when and if it is released (for example FieldQuoteAI). | Recurring fee, shown before you subscribe. Cancel any time; access runs to the end of the paid period. |
| Field services | IT infrastructure and select handyman work performed in person in the San Jose area. | Free written line-item estimate. The accepted written price is the price. |
3. Orders, Payment, and Pricing
- Prices are in US dollars. Applicable sales tax, where required, is added at checkout.
- Payments are processed by Stripe. We never see or store your full card number. Your card statement will read USURGE* followed by the product name, for example USURGE* DELTAPROOF.
- For DeltaProof, you see your price after your files are checked and counted. Pressing Generate places a hold for that amount on your card; the charge goes through only when your report is delivered. If we cannot deliver your report, the hold is released and nothing is charged. A hold is never kept longer than six hours.
- Discount codes apply only to the product they were issued for and cannot be combined or exchanged for cash.
- We may correct an obvious pricing error before delivery by cancelling the order and refunding you in full.
4. DeltaProof Reports
- A DeltaProof report is an aid to your own review of the documents. It is produced by automated analysis of the files you submit and identifies changes it can detect and anchor to evidence in those files. It does not certify that a drawing set is complete, correct, or code-compliant, and it does not tell you what to bid.
- You remain responsible for your bid, your estimate, and your contract. A change the report did not find, or a quantity you did not verify, is not a claim against us beyond the remedies in the Refunds policy.
- You represent that you have the right to submit the documents you upload. Drawing sets and bids are handled as described in the Data Handling policy and purged after delivery.
- Report download links expire. Save your report when you receive it; after the retention window we cannot regenerate it because the source files no longer exist on our systems.
5. Digital Products and Software
- Digital products are licensed to you, not sold. The license is personal, non-exclusive, non-transferable, and for your own use or your own business's use. Do not resell, redistribute, or publish them.
- Software is provided as a service. We may update it, and we will give notice before discontinuing a paid subscription product. Subscriptions may be cancelled at any time and are not refunded for the current period except as stated in the Refunds policy.
- You may not reverse engineer our software, scrape our services, circumvent access controls, or use them to build a competing product.
6. Field Services
- Every job begins with a free written estimate listing each task and its price. Work starts only after you approve the lines you want.
- The accepted written price does not change except by a written change order agreed before the additional work is performed.
- Materials are billed at actual cost with receipts. You may supply materials yourself.
- Workmanship guarantee: if we built or installed it and it fails because of how we did the work, we repair or replace it at our cost. Hardware and materials carry their manufacturer's warranty. Materials you chose against written advice are excluded.
- uSurge LLC is insured and bonded and is not a licensed contractor. We perform only work that California law permits without a contractor's license and will tell you when a job requires one. Projects requiring permits or a licensed trade are declined or referred.
7. Your Responsibilities
Provide accurate contact information, keep the codes we email you and your download links to yourself, and use the services lawfully. Do not upload material you have no right to share, malware, or content unrelated to the service's purpose. We may refuse or cancel service, with a refund of any unearned amount, if these Terms are violated.
8. Intellectual Property
You keep all rights to the documents you submit. We keep all rights to our software, report formats, templates, text, and marks. Your report is yours to use for your business, including sharing with your client or your team.
9. Disclaimers
Except as expressly stated in these Terms and the Refunds policy, services and products are provided "as is". We do not warrant that any report is complete or that any software is uninterrupted or error-free. Automated analysis of documents can miss changes and can misread them; that is why the report anchors each finding to the evidence, so you can check it.
10. Limitation of Liability
To the fullest extent permitted by law, uSurge LLC's total liability for any claim arising from a product or service is limited to the amount you paid for that product or service. We are not liable for lost profits, lost bids, consequential, or indirect damages. Nothing here limits liability that cannot be limited under California law, including for the workmanship guarantee stated in Section 6.
11. Disputes and Governing Law
These Terms are governed by the laws of the State of California. Before filing any claim, write to usurge@usurge.us; most issues are resolved within a few days by the person who did the work. Any dispute that cannot be resolved is brought in the state or federal courts located in Santa Clara County, California, and you consent to that venue.
12. Changes to These Terms
We may update these Terms. The effective date at the top changes when we do, and material changes are noted on the Policies page. Purchases are governed by the Terms in effect when you bought.
13. Contact
uSurge LLC · 205 E Alma Ave, San Jose, CA 95112 · usurge@usurge.us · 925-579-3579