Terms of Service

Last updated: March 5, 2026

Please read these Terms of Service ("Terms") carefully before using the Gmail Surge Chrome extension ("Extension") and the Gmail Surge website ("Website"), collectively referred to as the "Service", operated by Gmail Surge ("we", "us", or "our").

By installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not install or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you confirm that you are at least 18 years old (or the age of legal majority in your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Gmail Surge is a Chrome browser extension that enables users to send personalized bulk emails through their own Gmail account using the Gmail API. The Service provides CSV contact import, email composition with variable personalization, template management, and campaign tracking. The Extension operates entirely within the user's browser and does not transmit user data to external servers operated by us.

3. User Accounts and Authentication

The Service uses Google OAuth via Chrome's Identity API to authenticate with your Gmail account. We do not store your Google password. You are solely responsible for maintaining the security of your Google account and any activities that occur under your account while using the Service.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You agree NOT to use the Service to:

  1. Send unsolicited commercial emails (spam) in violation of the CAN-SPAM Act, GDPR, CASL, or any other applicable anti-spam legislation.
  2. Send emails containing malware, phishing attempts, deceptive content, or fraudulent material.
  3. Harvest, collect, or scrape email addresses or personal information without consent.
  4. Impersonate any person, business, or entity, or misrepresent your affiliation.
  5. Violate Google's Terms of Service, Gmail's Acceptable Use Policy, or Gmail's sending limits.
  6. Send content that is threatening, harassing, defamatory, obscene, or otherwise objectionable.
  7. Distribute content that infringes on any third party's intellectual property, privacy, or other rights.
  8. Interfere with, disrupt, or attempt to circumvent any security features of the Service.
  9. Use the Service in any manner that could damage, disable, overburden, or impair Google's services or infrastructure.
  10. Use the Service to send emails on behalf of third parties without their explicit authorization.
  11. Use automated scripts or bots in conjunction with the Service beyond its intended functionality.

5. User Responsibilities

5.1 Compliance with Laws

You are solely responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations, including but not limited to:

5.2 Email Content

You are solely responsible for the content of all emails sent using the Service. You represent and warrant that you have all necessary rights, consents, and permissions to send emails to the recipients in your contact lists, and that your email content does not violate any applicable laws or third-party rights.

5.3 Contact Lists

You represent and warrant that all contact information used with the Service has been obtained lawfully and with proper consent. You agree to maintain appropriate opt-out mechanisms and promptly honor all unsubscribe requests.

5.4 Gmail Limits

You acknowledge that Gmail imposes daily sending limits and other restrictions. You are responsible for monitoring your usage and complying with Google's limits. While the Service includes safeguards, we do not guarantee these will prevent all limit violations.

6. Subscription and Payments

6.1 Free Tier

The free tier provides a limited number of email sends at no cost. We reserve the right to modify free tier limits at any time.

6.2 Pro Tier

The Pro tier is available as a one-time purchase processed through Stripe. Upon payment, you will receive an activation code to unlock Pro features. This purchase is for a single user license.

6.3 Refund Policy

Due to the digital nature of the product, all sales are final. We do not offer refunds except as required by applicable law. If you experience technical issues preventing use of the Pro tier, contact us and we will work to resolve the issue.

6.4 Price Changes

We reserve the right to modify pricing at any time. Price changes will not affect existing Pro purchases.

7. Intellectual Property

The Service, including all source code, design, logos, trademarks, and documentation, is owned by Gmail Surge and protected by copyright and intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

You may not copy, modify, distribute, sell, lease, reverse-engineer, decompile, or create derivative works of the Service, except as expressly permitted.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

We do not warrant that emails sent through the Service will be delivered to recipients' inboxes, will not be filtered as spam, or will achieve any particular deliverability rate. Email delivery is subject to Gmail's infrastructure and policies, recipient mail server configurations, and other factors beyond our control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GMAIL SURGE, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  1. ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES.
  2. ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE.
  3. ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
  4. ANY DAMAGES ARISING FROM EMAILS SENT USING THE SERVICE, INCLUDING CLAIMS OF SPAM, HARASSMENT, OR UNSOLICITED COMMUNICATION.
  5. ANY DAMAGES ARISING FROM THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
  6. ANY DAMAGES ARISING FROM GOOGLE'S SUSPENSION, LIMITATION, OR TERMINATION OF YOUR GMAIL ACCOUNT.
  7. ANY CLAIMS BY THIRD PARTIES, INCLUDING EMAIL RECIPIENTS, ARISING FROM YOUR USE OF THE SERVICE.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY U.S. DOLLARS ($50.00), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gmail Surge, its owners, officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  1. Your use or misuse of the Service.
  2. Any emails sent by you through the Service.
  3. Your violation of these Terms or any applicable law or regulation.
  4. Your violation of any third-party rights, including intellectual property, privacy, or anti-spam rights.
  5. Any claim by an email recipient or third party related to content you sent using the Service.
  6. Any dispute between you and any email recipient.

11. Third-Party Services

The Service integrates with and relies on third-party services, including but not limited to Google's Gmail API, Chrome Web Store, and Stripe. Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, reliability, or performance of any third-party services.

12. Service Modifications and Termination

12.1 Service Changes

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

12.2 Termination by Us

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including but not limited to a breach of these Terms, violation of the Acceptable Use Policy, or if we reasonably believe your use poses a risk to us, other users, or third parties.

12.3 Termination by You

You may stop using the Service at any time by uninstalling the Extension.

12.4 Effect of Termination

Upon termination, your license to use the Service ceases immediately. Sections 7 through 10, 13, and 14 shall survive termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration administered by a mutually agreed-upon arbitration service, conducted in English, in San Francisco, California.

13.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Small Claims Court

Notwithstanding the above, either party may bring an action in small claims court if the claim qualifies.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gmail Surge regarding the Service, superseding all prior agreements or understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, internet or infrastructure failures, or Google service disruptions.

14.6 No Agency

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Gmail Surge.

15. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: Contact Us