Legal
Terms of Service
Last updated: September 11, 2026
September 11, 2026 — added campaign preparation and connected advertising services; clarified the CHF 9 first month, renewal and cancellation. Existing customers retain their agreed commercial terms; material changes follow the notice process below.
These Terms govern your access to and use of the Serge platform operated by Superstellar LLC. They form a binding agreement between you and us. If anything is unclear, contact us at legal@serge.ai.
Agreement to these terms
- By accessing or using the Serge platform (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you are accepting these Terms on behalf of an organization (“Customer”), you represent and warrant that you have the authority to bind that organization. If you do not agree, do not use the Service.
- These Terms constitute a binding legal agreement between you (and, where applicable, the Customer you represent) and Superstellar LLC (“we”, “us”, “our”, “Serge”).
- We may update these Terms from time to time. See the Modifications section below for our change process and your rights when we make changes.
- Available at launch to consumers resident in Switzerland and businesses established in Switzerland, with a Swiss billing address. CHF 9 for the first month, then CHF 159/month, including applicable VAT.
Definitions
- “Service” — The Serge platform, including the web application, APIs, scanner, reports, and all associated documentation.
- “Customer” — The organization or individual that uses the Service.
- “User” — Any individual who accesses the Service.
- “Customer Data” — All data provided by Customer or its Users to the Service, including domains scanned and email addresses submitted.
- “Subscription” — Customer’s paid plan entitling access to the Service for a specified billing period.
The service
- Serge helps you analyse their websites, prepare brand profiles, generate and edit campaign drafts, and manage supported advertising accounts through authorised connections. It also provides the domain scanner, tracking snippet, analytics, and Investigate Mode where available. Feature availability and usage limits are shown in the Service. Serge is independently operated and does not guarantee access to any advertising platform.
- The Service crawls publicly-available resources from domains you submit. The free scanner does not require domain credentials and does not accept them. Where you install the tracking snippet, the snippet runs on Customer-controlled web properties under your own privacy policy.
- The former Serge for Shopify app has been retired and is no longer offered through the Shopify App Store. These Terms govern the direct Serge platform at www.serge.ai; residual Shopify integration data is retained only as described in our Privacy Policy and deleted through the decommissioning and erasure controls.
- We continuously improve the Service. We may add, modify, or discontinue features with reasonable notice.
Account registration and use
- Account required to dispatch a scan — Initiating a scan (via POST /api/scan or /scan/d/<domain>?scan=1) requires an authenticated caller, either a Serge account session (signed in via Clerk) or a Bearer API key issued from your workspace settings. This gate was introduced in May 2026 to prevent misuse of the scanner as an amplification path against third-party domains.
- Public read of cached results — Reading a previously-generated scan report at /scan/d/<domain> or /scan/[id] does not require an account. Share URLs you receive may be freely opened and forwarded.
- Email for full report — When you submit your email address to receive a full report, you agree to receive that report and related transactional communications from us.
- Workspace and dashboard — When you sign up, we create a workspace bound to your account. You may invite additional members and you remain responsible for their use of the Service.
- Tracking-snippet install — Installing serge.js on a Customer site requires an active workspace; the snippet is bound to your workspace's site ID. You are responsible for disclosing the snippet on the site under your own privacy policy.
- Age — You must be at least 18 years old to use the Service.
Subscription plans, fees, and free tier
- Free — The free domain scanner is available without payment to any authenticated account, subject to rate limits applied per IP and per workspace. Free workspaces may install the tracking snippet with the data-retention window published on https://www.serge.ai/pricing. Unauthenticated public browser-snippet traffic is subject to abuse rate limits but cannot authorize metered charges.
- Monthly subscription — For an eligible first paid subscription, the first month costs CHF 9, charged immediately at checkout. Each subsequent month costs CHF 159 until renewal is stopped. This is a first-month discount, not a free trial or an advertising credit. The introductory discount is not repeated when a customer with a previous paid invoice cancels and restarts. Returning customers see the regular price before payment. New self-service checkout is offered in CHF; existing subscriptions and separately agreed plans retain their agreed currency, interval and price.
- Optional usage charges — Metered add-ons require separate authorisation in Serge and disclosure of the applicable rates before activation. Public browser-snippet traffic cannot authorise charges. Subscription cancellation does not erase charges already incurred. The Stripe billing portal provides payment-method management and invoice history; plan and renewal controls are in Serge Billing.
- Other plans — Team, Agency and other custom services are supplied only on the scope, price and terms separately agreed with the Customer. No certification, service-level commitment or additional feature is included merely because it is mentioned as a possible procurement requirement.
- Billing — Payments are processed by Stripe. The checkout identifies the currency, amount payable and any applicable tax before you confirm payment. We do not store full payment-card numbers. Advertising-platform charges are separate from the Serge subscription. Prices include applicable VAT.
- Renewal and cancellation — Use Pause renewal or Cancel subscription in Serge Billing, or email support@serge.ai before the next renewal. Both controls stop renewal at the end of the paid period; paid features remain available until that date. Pause renewal does not defer unpaid invoices or automatically restart billing. You may restore renewal before expiry, or start a new subscription at the regular price afterward. We send a reminder before the first full-price renewal; you can check the renewal date and stop renewal at any time before it occurs without waiting for the reminder.
- Mandatory consumer rights — If mandatory consumer law applies to your purchase, its withdrawal, refund and other protections remain unaffected. Where the EU or UK statutory withdrawal right applies, you may withdraw within 14 days of concluding the subscription by sending a clear statement to support@serge.ai or our postal address, including your name, account email, subscription date and decision to withdraw. You may use the statutory model withdrawal form but do not have to. We refund payments required by law within 14 days of receiving your notice, using the original payment method unless otherwise agreed. Merely accepting these Terms, paying or accessing Serge does not waive that right. Any charge for service supplied during the withdrawal period requires the separate request and disclosures required by applicable law.
- Other refunds — Outside the consumer-withdrawal right above, fees are non-refundable except (a) where mandatory consumer-protection law requires otherwise; (b) where service-credit obligations apply under a separately-agreed Agency contract; or (c) at our discretion in cases of demonstrated service failure.
- Changes — Pricing may change on 30 days' written notice to active Customers; changes apply to the next billing period and do not affect already-prepaid periods. The free tier may be modified or discontinued with 30 days' notice.
- Paid features and OpenAI approval — Website analysis for campaign preparation and new campaign generation require a paid subscription and are subject to the usage limits displayed in Serge. Previously saved profiles and drafts remain available while your account is retained. Your subscription begins with payment even if OpenAI has not approved, or later rejects, your account, brand, product or campaign. You may stop renewal while waiting. OpenAI approval or delivery is not a condition of Serge billing and rejection alone does not create a special refund entitlement; mandatory rights and the other refund provisions remain applicable.
- Optional model withdrawal form — To Superstellar LLC, Baarerstrasse 52, 6300 Zug, Switzerland; support@serge.ai. I/We hereby give notice that I/We withdraw from my/our contract for the supply of the following service: Serge subscription. Ordered on: [date]. Name of consumer(s): [name]. Address of consumer(s): [address]. Signature of consumer(s), only if submitted on paper: [signature]. Date: [date]. Delete as appropriate.
- Online declarations and confirmation — You may also submit a withdrawal at https://www.serge.ai/withdraw or a cancellation at https://www.serge.ai/cancel-subscription without signing in. Review your declaration before confirming it; you can download a timestamped receipt, and we send an acknowledgment to the supplied email address. Receipt does not prejudge entitlement or authorise changes to someone else’s account. We verify identity and authority proportionately before account or refund processing. Your original submission time remains recorded. After purchase we email a durable copy of the accepted contractual information; authorised billing users can also download it in Serge. Withdrawal does not stop independent advertising spend.
- Swiss online purchases — Swiss law does not provide a general change-of-mind withdrawal period for an online subscription. We do not offer an additional voluntary cooling-off guarantee. Your right to stop renewal and any applicable mandatory remedies remain unaffected. The public declaration form can be used to submit a claim for review; its availability does not itself create a refund entitlement.
- Subscriptions start with payment; no trial period is offered.
Your data
- Scan data — Crawl results, scores, findings, and the submitted domain. Scan results for a given domain may be cached and served to subsequent users scanning the same domain.
- Account data — The email address, name, and OAuth claims you authorise during signup, plus workspace metadata and any integration secrets you supply.
- Snippet event data — When you install the Serge tracking snippet on a Customer site, the snippet emits agent-detection and page-context events to our ingestion API. It does not transmit form values and uses pseudonymous measurement scoped to the Customer workspace and site; see our Privacy Policy for the modes, fields, purposes, and retention details.
- Replay session data — When you dispatch an active replay through Investigate Mode against a target URL under your direction, we capture the agent's reasoning, navigation steps, DOM snapshots, screenshots, accessibility-tree snapshots, and network metadata for that session. Replay artifacts are retained per the schedule in our Privacy Policy.
- Billing data — Stripe processes your payment instrument and stores customer-id, subscription state, and invoice records. We do not receive or store full payment-card numbers.
- Sub-processors — The current list of sub-processors that handle Customer data on our behalf is published at https://www.serge.ai/subprocessors. We notify active customers of any new sub-processor at least 30 days before it begins processing personal data.
- Data processing — We process data as described in our Privacy Policy. Where we act as a data processor under applicable data protection law (including GDPR and Swiss nFADP), we comply with applicable requirements.
- Aggregated data — We may create anonymised, aggregated data derived from scan results, snippet events, and replay outcomes that cannot reasonably identify any individual or organisation, and use it for benchmarking, product improvement, and research.
Intellectual property
- Serge retains all right, title, and interest in and to the Service, including all software, algorithms, designs, scoring methodology, documentation, trademarks, and other intellectual property.
- License to use the Service — We grant you a non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose.
- Restrictions — You may not: reverse engineer, decompile, or disassemble the Service; copy, modify, or create derivative works of the Service; sublicense, sell, rent, or lease the Service to any third party; use the Service to build a competing product or service; or remove or alter any proprietary notices on the Service.
Acceptable use
- Your use of the Service is governed by our Acceptable Use Policy ("AUP"), available at https://www.serge.ai/aup and incorporated into these Terms by reference. The AUP describes permitted use (testing your own sites and competitor comparison), prohibited use (security testing, scraping, brute-force, data extraction at scale, denial-of-service, and other attack-style behaviour), and our enforcement rights.
- Where these Terms and the AUP conflict on a specific point, the more restrictive provision applies.
- We may, in our reasonable discretion and proportionate to the violation, refuse a dispatch, throttle a workspace, suspend access, or terminate the subscription for AUP violations. Termination for AUP violation is without refund for the current billing period, except where applicable mandatory consumer-protection law requires otherwise.
Service availability and support
- We use commercially reasonable efforts to maintain high availability of the Service but do not currently offer a contractual service-level agreement on free or Pro tiers. Service-level commitments may be negotiated under an Agency contract.
- Support — We provide support via email at support@serge.ai. Response targets are best-effort and may vary by tier.
Beta features
- Some features of the Service, including Investigate Mode (active replay) and other features identified as “beta”, “preview”, or “experimental” in the Service or documentation, are provided on a pre-release basis.
- Beta features may be modified, suspended, or discontinued at any time, may have reduced reliability or availability, and are excluded from any service-availability target stated under an Agency contract. They are provided “as is” without warranty of any kind, to the maximum extent permitted by applicable law.
- Customer may elect not to use beta features. By using a beta feature, Customer accepts these conditions and acknowledges that scan results, replay artifacts, and findings produced by beta features may be incomplete or inaccurate.
- Customer feedback on beta features helps us improve them. By submitting feedback Customer grants us a non-exclusive, perpetual, worldwide, royalty-free licence to use that feedback for any purpose, without obligation to Customer.
Warranty disclaimer
- THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) scan results will be accurate, complete, or reliable; (c) the Service will meet your specific requirements; or (d) any defects will be corrected.
- Consumer carve-out — Where you are a consumer within the meaning of EU, UK, or Swiss consumer-protection law, mandatory conformity guarantees for digital content and digital services (including EU Directive 2019/770 as transposed by member states and equivalent UK and Swiss provisions) continue to apply and are not waived by this disclaimer.
- NOTHING IN THESE TERMS EXCLUDES OR LIMITS WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of liability
- EXCLUSION OF INDIRECT DAMAGES — TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS.
- GENERAL LIABILITY CAP — EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO SERGE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR FREE-TIER USERS, OUR TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED SWISS FRANCS (CHF 100).
- MANDATORY EXCEPTIONS — Nothing in these Terms excludes or limits our liability for damage caused by intent or gross negligence, in accordance with Swiss Code of Obligations art. 100; nor liability for personal injury or death; nor any other liability that cannot be excluded under applicable mandatory law.
- JURISDICTIONAL SAVINGS CLAUSE — Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the laws of your jurisdiction.
Indemnification
- Our indemnification of you — We will defend, indemnify, and hold harmless Customer from any third-party claim alleging that Customer’s authorized use of the Service infringes any patent, copyright, trademark, or trade secret of a third party.
- Your indemnification of us — Customer will defend, indemnify, and hold harmless Serge from any third-party claim arising from (a) Customer’s use of the Service in violation of these Terms, our Acceptable Use Policy, or applicable law; (b) any claim by a site whose URL Customer submitted as a scan target, replay target, or other dispatch target where Customer did not in fact have the legal authority to do so that Customer represented under our AUP; or (c) Customer’s failure to disclose, on Customer-controlled sites where Customer has installed the Serge tracking snippet, the snippet's presence and data flows as required by applicable privacy or consumer-protection law.
- Process — The indemnifying party may control the defence of the claim, provided it does not settle without the indemnified party’s written consent (not unreasonably withheld) on terms that admit fault on the indemnified party’s part or impose non-monetary obligations on it.
Confidentiality
- “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential.
- The Recipient will use Confidential Information solely to perform its obligations under these Terms and protect it with reasonable care.
- Confidentiality obligations survive termination of these Terms for three (3) years.
Term and termination
- These Terms are effective from the date you first access the Service and continue until terminated.
- Free tier — Free access continues indefinitely until terminated by either party.
- Termination for cause — Either party may terminate if the other party materially breaches and fails to cure within thirty (30) days of written notice.
- Suspension and termination for non-payment — If Customer fails to pay fees when due and does not cure within fourteen (14) days of written notice, we may suspend access to paid features. If non-payment continues for thirty (30) days from the original due date, we may terminate the subscription. During suspension or after termination for non-payment, data continues to be retained per the Privacy Policy and may be restored upon payment of outstanding fees.
- Effects of subscription expiry — Expiry stops access to subscription-only features; it does not automatically delete your account or saved drafts, or stop advertising-platform delivery. Account deletion is a separate request. You may request export or deletion of personal data at any time, subject to applicable rights and lawful retention exceptions described in the Privacy Policy. Termination of the entire account ends access to that account.
- Survival — The following provisions survive any termination of these Terms: Your data, Intellectual property, Acceptable use (for activity occurring before termination), Warranty disclaimer, Limitation of liability, Indemnification, Confidentiality (for the duration stated in that section), Governing law and dispute resolution, and General provisions.
Modifications to these terms
- We may modify these Terms from time to time. The current version is always published at https://www.serge.ai/terms.
- Material changes — A change is material if it adversely affects Customer's rights, materially increases Customer's obligations, or materially reduces the functionality of the Service. We will notify active Customers of material changes by email at least thirty (30) days before they take effect.
- Opt-out — If Customer does not agree to a material change, Customer may cancel the subscription before the change takes effect. We will refund prepaid fees for the period after termination on a pro-rata basis. Continued use of the Service after the effective date of a material change, once notice has been given, constitutes acceptance of the updated Terms.
- Non-material changes — Non-material changes (clarifications, formatting, sub-processor list refresh, contact-detail updates) may be made on shorter notice or without notice; the “last updated” date at the top of these Terms reflects the most recent change.
Governing law and dispute resolution
- These Terms are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict-of-laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
- Good faith negotiation — Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute through direct negotiation for thirty (30) days.
- Jurisdiction — If a dispute cannot be resolved through negotiation, the ordinary courts of Zug, Switzerland, will have exclusive jurisdiction.
- EU, UK, and Swiss consumer carve-out — If you are a consumer within the meaning of applicable EU, UK, or Swiss consumer protection law, nothing in these Terms deprives you of any mandatory consumer protections under the laws of your country of habitual residence, including any non-derogable right to bring proceedings in the courts of that country.
General provisions
- Entire agreement — These Terms, together with our Acceptable Use Policy and Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreement on the same subject matter.
- Severability — If any provision is held to be invalid, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions continue in full force.
- Assignment — You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganisation, or sale of substantially all of our assets; in such event we will notify Customer at the email on file.
- Waiver — Failure to enforce any right does not constitute a waiver.
- Force majeure — Neither party is liable for delays or failures caused by events beyond its reasonable control, including without limitation acts of God, war, terrorism, civil unrest, government action, labour disputes, internet or telecommunications failures, third-party service outages, and natural disasters. If a force majeure event prevents performance for more than thirty (30) consecutive days, either party may terminate the affected Service obligations on written notice, without liability for the force majeure event itself; prepaid fees attributable to the period after termination are refunded on a pro-rata basis.
- Notices — Notices to us must be sent to legal@serge.ai and may additionally be sent by registered post to Superstellar LLC, Baarerstrasse 52, 6300 Zug, Switzerland. Notices we send to you will be sent to the email address on file for your account; you are responsible for keeping that address current.
- Language — These Terms are published in English, German, and French. In the event of a conflict between language versions, the English version prevails, except where mandatory consumer-protection law in your jurisdiction requires interpretation in the local language.
- Third-party trademarks — Claude is a trademark of Anthropic PBC. ChatGPT and Operator are trademarks of OpenAI, OpCo, LLC. Perplexity is a trademark of Perplexity AI, Inc. Gemini is a trademark of Google LLC. Other product and company names referenced in these Terms or the Service are trademarks of their respective owners. References to third-party products do not imply endorsement or affiliation.
- Sanctions and export control — Customer represents that it is not located in, organised under the laws of, or controlled by any country or party subject to comprehensive US, EU, UK, or Swiss economic sanctions, and is not on any restricted-party list maintained by the Swiss State Secretariat for Economic Affairs (SECO), the US Office of Foreign Assets Control (OFAC), the EU Consolidated Financial Sanctions List, or HM Treasury's UK Consolidated List. Customer will not use the Service in violation of applicable export-control or sanctions laws.
Advertising accounts and campaigns
- Account control — Your advertising account and media budget are separate from your Serge subscription. Ending or pausing Serge renewal does not pause or cancel campaigns at OpenAI or another advertising platform. Review and stop advertising spend directly with that platform when needed. Serge does not make your independent use of an advertising platform conditional on a Serge subscription.
- Authority and platform terms — Connect only accounts you own or are authorised to manage. You authorise Serge to carry out the account and campaign operations you request within the permissions you grant. When you use Serge for OpenAI advertising, you agree to the OpenAI Advertising Terms at https://openai.com/policies/advertising-terms/ and Advertising Policies at https://openai.com/policies/ad-policies/. If you act for another advertiser, obtain its written authorisation and agreement to the applicable platform terms before using its account or submitting its campaigns. OpenAI may enforce the advertiser obligations in its Advertising Terms against the advertiser.
- Eligibility and review — Before checkout, you acknowledge that you have read OpenAI’s advertising policies and that, to the best of your knowledge, your business, brand and advertised products or services are eligible. This acknowledgement does not constitute approval. OpenAI determines eligibility, review outcomes, delivery and platform availability. We make no promise of approval, impressions, spend, revenue or other advertising results.
- Your materials and AI outputs — You retain your rights in the materials you provide and permit us to process them and send them to the providers needed to carry out your instructions. Review generated text, images, factual claims, targeting and budgets before approving their use. You are responsible for the necessary rights, permissions, disclosures and legal compliance of your advertising. AI suggestions may be inaccurate or unsuitable and are not legal or regulatory clearance.
Contact
- Legal inquiries and notices — legal@serge.ai
- Support — support@serge.ai
- Privacy and data protection — privacy@serge.ai
- Postal address — Superstellar LLC, Baarerstrasse 52, 6300 Zug, Switzerland
- Serge is operated by Superstellar LLC, registered in the Commercial Register of the Canton of Zug, Switzerland.
- Company identification and Swiss VAT number — CHE-433.879.620 MWST.