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Terms of Service

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The agreement between Sales-Surge B.V. and the companies that use Surge Revenue Desk.

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This document has 8 open points, highlighted below. They will be resolved before the document takes effect.

These Terms of Service ("Terms") govern the use of Surge Revenue Desk, a helpdesk and customer success application for Pipedrive. The service is provided by Sales-Surge B.V., registered with the Dutch Chamber of Commerce (KVK) under number 99261758, with its registered address at Professor W.H. Keesomlaan 12, 1183 DJ Amstelveen, the Netherlands ("Sales Surge", "we", "us").

1.About these Terms

By installing the app from the Pipedrive Marketplace, starting a trial or choosing a paid plan, you accept these Terms on behalf of the company that uses the service ("Customer", "you"). You confirm that you are authorised to bind that company.

The service is intended for businesses only. It is not offered to consumers.

These Terms apply to all use of the service. General terms or purchasing conditions of the Customer do not apply, even if an order or other correspondence refers to them. Consulting, implementation and other services from Sales Surge that are not part of the app are governed by a separate agreement.

The Data Processing Agreement forms part of these Terms. If the two conflict on the processing of personal data, the Data Processing Agreement prevails.

2.Definitions

Service
The Surge Revenue Desk application, including the web app, the app surfaces inside Pipedrive, the customer portal, web forms, the emails the application sends and the related documentation.
Customer Data
All data that you, your users or your customers submit to the service, and all data the service retrieves from your Pipedrive account on your behalf, such as tickets, messages, attachments and synchronised CRM records.
User
A person you give access to the service through your Pipedrive account, with the role admin, agent or viewer.
Agent
A user with the admin or agent role, who can work tickets. Plan limits count agents.
Subscription
The plan you choose, charged per company per month.
Pipedrive
The CRM platform of Pipedrive OÜ and its affiliates that the service connects to.

3.The service

The service adds a helpdesk, customer health and revenue features to your Pipedrive account. It turns email, web form and portal requests into tickets, applies your SLA policies, calculates customer health, and creates activities, leads, deals and notes in Pipedrive where you configure it to do so.

The service needs an active Pipedrive account and the permissions you grant during installation. If Pipedrive changes or restricts its platform, some features may work differently or stop working. Where we can, we tell you in good time.

We develop the service continuously and may add, change or remove features. We will not remove a core feature of your plan during a paid period without notice and the right to cancel, as described in Changes.

4.Accounts, users and roles

  • Users sign in with their Pipedrive account. You decide who gets access and which role they have: admins manage settings, agents work tickets and viewers can read.
  • You are responsible for all activity under your users' accounts and for keeping their Pipedrive credentials secure. Tell us promptly at info@sales-surge.nl if you suspect unauthorised use.
  • The number of agents may not exceed the limit of your plan.

5.Plans, trial and prices

PlanPrice per company per monthAgentsIncludes
StarterEUR 49Up to 3Helpdesk: tickets from email, web forms and the customer portal, SLA policies and business hours, macros, views, CSAT, reporting and notifications.
GrowthEUR 149Up to 10Everything in Starter, plus customer health, lifecycle stages, renewals, playbooks, check-ins and NPS.
RevenueEUR 349UnlimitedEverything in Growth, plus the revenue features (revenue-weighted queue, SLA as a product, deal-blocker radar, retention cases, support-sourced leads, net revenue forecast, cost to serve) and the optional AI features.
  • Prices are in euros and exclude VAT and other applicable taxes.
  • Every new installation starts with a free 14-day trial of the Revenue plan. Before the trial ends, an admin chooses a plan. If no plan is chosen, access is limited Open point: [trial-end behaviour, for example read-only access; confirm with the billing module] and your data is kept as described in Data export and deletion.
  • An upgrade applies immediately. Open point: [Confirm how Stripe charges an upgrade within a billing period, for example pro rata.] A downgrade applies from the next billing period. Your data stays; features that are not part of the new plan stop working.
  • If you exceed the agent limit of your plan, we may ask you to upgrade or reduce the number of agents.

6.Billing and payment

  • Subscriptions are charged monthly in advance through our payment provider Stripe. By choosing a plan, you authorise Stripe to charge your payment method each month until you cancel.
  • Invoices are available in the billing portal, which you open from the app. You keep your billing details, including your VAT number, correct and up to date. Where the reverse-charge mechanism applies, we invoice without Dutch VAT.
  • If a payment fails, Stripe retries it and we notify your admins. If the amount is still unpaid 14 days after that notice, we may suspend the service until we receive payment. Overdue amounts carry the statutory commercial interest of article 6:119a of the Dutch Civil Code.
  • We may change our prices with at least 30 days' notice by email to your admins. The new price applies from the first billing period after the notice period. If you do not agree, you can cancel before the change takes effect.
  • Fees already paid are not refunded, unless these Terms or mandatory law provide otherwise.

7.Acceptable use

You and your users will not:

  • use the service in breach of any law, including data protection, anti-spam and consumer protection law;
  • use the service to send unsolicited bulk or marketing email. The service is meant for conversations with your customers;
  • upload malware, or content that is unlawful or infringes the rights of others;
  • try to access data of other customers, circumvent security measures or usage limits, or test the service for vulnerabilities other than under our responsible disclosure rules;
  • place a disproportionate load on the service, including automated access outside the documented interfaces;
  • resell or sublicense the service, offer it to third parties as your own product, or use it to build a competing product.

You are responsible for the conduct of your users within your account.

8.Your data

  • You own Customer Data. We acquire no rights to it beyond what we need to provide, secure and support the service for you.
  • You grant us a limited, non-exclusive right to store, copy, transmit and display Customer Data only to provide the service, to prevent or fix technical and security problems, and where the law requires it.
  • For personal data in Customer Data, we act as your processor under the Data Processing Agreement. You are the controller. You are responsible for having a lawful basis, for informing the people concerned, and for the instructions you give through your configuration of the service.
  • The service is not designed for special categories of personal data, such as health data. Your customers may still include such data in a message. Set up your channels and inform your customers so that such data is only shared where it is necessary.
  • We may use aggregated, anonymised statistics about the use of the service, such as the number of tickets processed, to operate and improve it. These statistics never identify you, your users or your customers.
  • We do not sell Customer Data and we do not use it to train AI models.

9.AI features

  • AI features, such as account briefs, reply drafts and signal detection, are available on the Revenue plan. They stay off until an admin switches them on.
  • When AI features are on, the content needed for a request, such as the text of a ticket and relevant account details, is sent to our AI sub-processor Anthropic. Anthropic's commercial terms state that it may not train models on customer content from its services. See Sub-processors.
  • AI output can be wrong or incomplete. The service never sends an AI draft to your customer on its own: a user reviews, edits and sends it. Detected signals are suggestions that a user confirms before a lead or deal is created. You remain responsible for what you send and for decisions you base on AI output.

10.Pipedrive and other third-party services

  • Your use of Pipedrive is governed by your agreement with Pipedrive. Pipedrive is not a party to these Terms and is not responsible for the service.
  • We are not responsible for the availability or behaviour of third-party services that we do not control, including changes Pipedrive makes to its API. We will make reasonable efforts to limit the impact on you. For sub-processors we engage, our responsibility is set out in the Data Processing Agreement.
  • Records the service creates in Pipedrive on your instruction, such as activities, leads, deals and notes, become part of your Pipedrive data and stay there after you stop using the service.

11.Availability, maintenance and support

  • We make reasonable efforts to keep the service available at all times, but we do not guarantee uninterrupted or error-free operation. We currently offer no service level agreement with an availability percentage or service credits.
  • We schedule maintenance at quiet times where possible. We announce planned maintenance that we expect to cause noticeable downtime at least 48 hours in advance.
  • We inform your admins by email about incidents that materially affect the service.
  • Support is available by email at info@sales-surge.nl, in English and Dutch. Open point: [Support hours and target first-response time to be decided.]

12.Security and data protection

We take appropriate technical and organisational measures to protect the service and Customer Data. They are described on our Security page and in annex 2 of the Data Processing Agreement. We may change these measures over time, but never in a way that lowers the overall level of protection.

13.Intellectual property

  • The service, its software, design, documentation and trademarks remain the property of Sales Surge or its licensors.
  • During your subscription, we grant you a non-exclusive, non-transferable right to use the service for your own business purposes, within the limits of your plan.
  • You will not copy, modify, decompile or reverse engineer the service, except where mandatory law allows it.
  • If you send us feedback or suggestions, we may use them freely and without any obligation to you.

14.Confidentiality

Each party keeps the non-public information it receives from the other confidential, uses it only for this agreement, and shares it only with employees, advisers and sub-processors who need it and are bound by confidentiality. This does not apply to information that is public, that the receiving party already had or developed independently, or that must be disclosed by law. In that last case the disclosing party is informed first where the law allows. This obligation continues after the agreement ends.

15.Suspension

We may suspend access to the service, fully or partly, with prior notice where reasonably possible, if:

  • a payment is overdue as described in Billing and payment;
  • your use breaches these Terms or threatens the security or integrity of the service or of other customers;
  • the law, a competent authority or Pipedrive requires it.

We lift the suspension as soon as its cause is removed. A suspension does not delete any data.

16.Term, cancellation and termination

  • Your subscription runs from month to month and renews automatically. You can cancel at any time in the billing portal. The cancellation takes effect at the end of the current billing period.
  • Uninstalling the app in Pipedrive ends the service's access to your Pipedrive account. Open point: [Confirm whether uninstalling also cancels the Stripe subscription automatically. If it does not, this line must tell customers to cancel in the billing portal as well.]
  • We may end a subscription without giving reasons with at least 60 days' notice. Fees paid for the period after the end date are refunded.
  • Either party may terminate with immediate effect by written notice if the other party materially breaches these Terms and does not remedy the breach within 14 days of a written notice, or if the other party is declared bankrupt, is granted a suspension of payments or ends its business.
  • Provisions that by their nature continue after the end of the agreement remain in force, including confidentiality, liability, data deletion and governing law.

17.Data export and deletion

  • While your subscription is active, and for 30 days after it ends or after you uninstall the app, an admin can export Customer Data in CSV and JSON format from the data settings in the app.
  • When you uninstall the app, we immediately delete the Pipedrive access tokens we hold for your company and remove the webhooks we registered in your Pipedrive account.
  • 30 days after you uninstall the app or after your subscription ends, whichever comes first, we permanently delete Customer Data from our production systems. Backup copies are deleted as the backups expire, within Open point: [backup retention period, to confirm with the hosting set-up]. If you reinstall within those 30 days, your data is available again.
  • You can ask for earlier deletion by emailing info@sales-surge.nl from an address of one of your admins. We keep data longer only where the law requires it. For example, we keep invoices and billing records for 7 years under Dutch tax law.
  • Records the service created in Pipedrive stay in Pipedrive. You manage them there.

18.Warranties and disclaimers

  • We provide the service with care and in line with its documentation. Beyond that, and to the extent the law allows, we give no warranties, express or implied, including fitness for a particular purpose.
  • Health scores, revenue scores, forecasts and AI output are estimates based on the data available. They support your decisions but do not replace them.

19.Limitation of liability

  • Our total liability arising out of or in connection with these Terms and the Data Processing Agreement, whether in contract, tort or otherwise, is limited to Open point: [LIABILITY CAP: amount or formula, for example the fees the Customer paid in the 12 months before the event that caused the damage; to be set by legal].
  • We are not liable for indirect or consequential damage, including lost profit, lost revenue, lost savings, reputational damage and business interruption.
  • These limitations do not apply to damage caused by intent or deliberate recklessness (opzet of bewuste roekeloosheid) of our management, or where mandatory law does not allow a limitation.
  • A right to compensation only exists if you report the damage to us in writing within 12 months after you discovered it or could reasonably have discovered it.

20.Force majeure

Neither party is liable for a failure to perform that is caused by circumstances beyond its reasonable control. These include outages at Pipedrive, internet, hosting or energy providers that we could not reasonably prevent, cyberattacks despite appropriate security measures, and government measures. If a force majeure situation lasts longer than 60 days, either party may terminate the subscription by written notice. Fees paid for the period in which the service could not be used are then refunded.

21.Changes to the service and these Terms

  • We may amend these Terms. We announce material changes at least 30 days before they take effect, by email to your admins and on this page. If you do not agree, you can cancel before the changes take effect. If you keep using the service after that date, the amended Terms apply.
  • Changes required by law or by Pipedrive may take effect sooner. We tell you as soon as we can.
  • The date at the top of this page shows when these Terms were last updated.

22.Governing law and disputes

  • These Terms, and all agreements and disputes arising from them, are governed by the laws of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
  • We will first try to resolve a dispute through consultation.
  • If that fails, the dispute is submitted exclusively to Open point: [COMPETENT COURT: for example the District Court of Amsterdam (rechtbank Amsterdam); to confirm], unless mandatory law designates another court.

23.General provisions

  • Order of precedence: for the processing of personal data, the Data Processing Agreement prevails. Otherwise these Terms prevail over the documentation.
  • You may not transfer your rights and obligations under these Terms without our written consent. We may transfer them to an affiliate or to a successor of our business, and we will notify you when we do.
  • If a provision is invalid, the rest of these Terms remains in force. The parties will replace the invalid provision with a valid one that comes as close as possible to its purpose.
  • Not enforcing a provision does not mean giving up the right to do so later.
  • Notices to you are sent to the email addresses of your admins as known in the service. Notices to us go to info@sales-surge.nl.
  • These Terms are available in English and Dutch. Open point: [Decide which language version prevails in case of a conflict.]

24.Contact

Sales-Surge B.V., Professor W.H. Keesomlaan 12, 1183 DJ Amstelveen, the Netherlands. KVK 99261758, VAT NL868907509B01. Email info@sales-surge.nl.