End user licence agreement

This end user licence agreement (the “Agreement”) is between you and Surf Platforms Inc., a corporation organized under the laws of the State of Delaware with its principal place of business in San Jose, California (“Elsin”, “we”, “us”). It covers the following (together, the “Software”):

If you use Elsin as part of an employer's team, the terms of service between that employer and us also apply, and take priority over this Agreement where they conflict. When you apply for a job, your relationship with the employer, including its decision, is governed by the employer's own terms and privacy notice, not by this Agreement.

By using the Software, you agree to this Agreement. If you do not agree, do not use it. You can still ask the employer for another way to apply.

We give you a personal, non-exclusive, non-transferable, revocable licence to use the Software:

• as a candidate or referee, to apply for jobs, verify your identity, answer checks and take part in an employer's hiring process. This is free of charge;
• as a member of an employer's team, to use the command-line tool and MCP server for that employer's recruiting, within the role and permissions it gives you.

You may install the command-line tool on computers you control and make copies only as needed to use it and keep a backup.

You must not:

• pretend to be someone else, use another person's ID, or let someone else complete a check, an interview check or a day-one check for you;
• use photos, video, masks, injected camera feeds, synthetic media or other tricks to fool a check;
• give false information in an application, a work-history check or a reference;
• hide that an application is made by an AI agent where the employer asks you to say so, or use automation to apply in bulk in a way that the employer does not allow;
• try to get around the Software's limits, security or rate limits, or access data that is not yours;
• copy, modify, sell, rent, sublicense or distribute the Software, except as this Agreement allows;
• reverse engineer, decompile or disassemble the Software, except where the law allows it despite this restriction;
• remove notices of ownership from the Software;
• use the Software in breach of any law.

Some employers ask candidates to verify their identity. The standard check uses your camera to confirm that a real person is present, reads your ID, and compares your face with the photo on it. All of that happens on your device. Before the camera starts, Elsin shows you a notice explaining what it does, what is kept and for how long, and asks for your written consent. The check does not start without it.

What we receive, how long we keep it and how it is destroyed are set out in the privacy policy, section 7, and our biometric data retention and destruction policy. Those documents and your consent, not this Agreement, govern biometric information.

• You do not have to use the face check. You can send a photo of your ID for a person at the employer to review instead. It is deleted when they decide, and in any case within 30 days.
• A verification is valid for 12 months. You choose which employers see it.
• The check is probabilistic. It can fail for innocent reasons such as poor light, an old photo or a damaged document. A failed or inconclusive check is never an automatic rejection; it goes to a person.
• To withdraw your consent, open Your data in your Elsin account and choose Withdraw and delete. Your check data is destroyed at once and employers then see you as not verified. You can also write to contact@surfplatforms.com.

You keep your rights in what you submit, such as your résumé, answers, messages and signature. You give us permission to store, process and send it to the employers you apply to, and to process it as the privacy policy describes, including to detect fraud. You confirm that what you submit is true and that you have the right to submit it.

If you sign an offer in Elsin, your typed name and drawn signature are your electronic signature, and we keep a record of the letter and its digest, the time, your IP address and your browser so the signature can be checked later. After 90 days the IP address is replaced by a keyed code.

• The command-line tool stores your API key, the API address and your organisation in a configuration file in your user folder, readable only by your account on systems that support file permissions. The key is not encrypted. Anyone who can read that file can use your key, so protect your computer and remove the key (or revoke it in Elsin) when you no longer need it.
• The tool sends requests only to the Elsin API address it is set to. It does not send usage data or telemetry to us.
• The MCP server is hosted by us. AI agents connect to it with OAuth, and can act only within the role and scopes you approve. You can revoke a connection at any time.
• You are responsible for what is done with your key or connection, including by an AI agent, and must follow the terms of service that apply to your employer's workspace.
• The tool requires Node.js 24 or later.

The Software is licensed, not sold. Surf Platforms Inc. and its licensors own all rights in it, including its code, models, designs and documentation. Everything not expressly granted to you is reserved. If you send us feedback, we may use it without any obligation to you.

We update the web flows and the MCP server from time to time, and you always use the current version. Updates to the command-line tool are released as new versions that you install. Older versions may stop working when the API changes.

We may change, suspend or stop any part of the Software. The Software may be unavailable at times, for example for maintenance. Whether a flow is offered to you depends on the employer.

Our privacy policy explains what personal data the Software collects, who is responsible for it, how long it is kept and how to use your rights. If you have an Elsin account, you can download your data, withdraw biometric consent and delete your account in the app. Your Elsin sign-in is shared with Surf Studio, another Surf Platforms Inc. product, so deleting it removes it from both.

You can stop using the Software at any time, delete your Elsin account in the app, and uninstall the command-line tool. We may suspend or end your licence if you break this Agreement, if the law requires it, or to protect other people or the Software.

When this Agreement ends, you must stop using the Software and delete your copies of the command-line tool. Sections on ownership, disclaimers, liability and governing law survive. Deleting your account does not delete applications you already sent; the employers that received them hold those, as the privacy policy explains.

Elsin does not decide who is hired. Employers make every hiring decision, and we are not responsible for them. Verification results and fraud signals are probabilistic and can be wrong.

To the fullest extent the law allows, the Software is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and without any promise that it will be uninterrupted or error-free.

If you are a consumer, you have legal rights that this Agreement cannot take away, and nothing in it limits them.

To the fullest extent the law allows, Surf Platforms Inc. is not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, opportunities or data, arising from the Software or this Agreement. Our total liability to you is limited to 100 US dollars or the amount you paid us for the Software in the 12 months before the claim, whichever is greater.

These limits do not apply to liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by negligence.

The Software may be subject to US and other export control and sanctions laws. You must not use, export or re-export it in breach of them, including to a sanctioned country or region or to anyone on a government sanctions or restricted list, and you confirm that you are not on such a list.

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

1. Talk first. Before starting an arbitration, you and we will try to resolve the dispute informally for at least 30 days after written notice. Send notice to contact@surfplatforms.com, describing the dispute and the relief you want. We send notice to the email address on your Elsin account or the one you gave us.
2. Agreement to arbitrate. Any dispute, claim or controversy arising out of or relating to this Agreement or the Software (a “Dispute”) that is not resolved informally will be resolved by binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or its Streamlined Rules where they apply), as modified by this section. The Federal Arbitration Act governs this section.
3. Sexual assault and harassment claims. Consistent with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401 to 402), if you bring a claim about conduct alleged to be sexual assault or sexual harassment, you may choose to bring it in court instead, and the class action waiver does not apply to it. That choice is yours alone.
4. Exceptions for both of us. Either of us may bring an individual claim in small-claims court if it qualifies, and may seek an injunction or other equitable relief in court to stop actual or threatened infringement or misuse of intellectual property or proprietary rights. Nothing in this section waives the right to seek public injunctive relief in court where such a waiver would be unenforceable; any claim for public injunctive relief is separated and may go ahead in court while other claims are arbitrated.
5. Who decides. The arbitrator, not a court, decides all questions about whether this section applies and whether it is valid, enforceable, unconscionable, formed, waived or breached, except that a court decides the validity and scope of the class action waiver.
6. If JAMS is unavailable. If JAMS declines or is unable to administer the arbitration under this section, we will use the American Arbitration Association under its Consumer Arbitration Rules, and if neither is available, either of us may ask a court to appoint an administrator or arbitrator under 9 U.S.C. § 5.
7. How it works. The arbitration is held in English, before a single arbitrator, in Santa Clara County, California, or, if you prefer, by telephone, video or written submissions, or in the county where you live. We pay the filing and hearing fees that the JAMS consumer rules require us to pay. Otherwise each of us bears our own costs unless the arbitrator decides otherwise under applicable law. The award is final and may be entered in any court with jurisdiction.
8. Coordinated filings. If, within 90 days, 25 or more demands raising substantially similar claims are filed against us by or with the help of the same or coordinated counsel, we will both ask JAMS to administer them under its mass-arbitration procedures then in effect. Any batching or bellwether process applies equally to both of us and does not take away your right to have your own claim heard and decided. Limitation periods are paused for any demand waiting its turn. If a court finds this paragraph unenforceable, it is removed and the rest of this section applies.
9. Your right to opt out. You may opt out of this agreement to arbitrate within 30 days of first accepting this Agreement, by emailing contact@surfplatforms.com with your name, the email address you use with Elsin, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of this Agreement or how you can use Elsin, and no employer is told.
10. No class actions. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person's claims. This waiver does not apply to a claim for public injunctive relief. If it is found unenforceable for a claim, that claim is decided in court and the rest are arbitrated; if it is found entirely unenforceable, the agreement to arbitrate does not apply to the affected Disputes.
11. Governing law and courts. This Agreement and any Dispute are governed by the laws of the State of California, without regard to its conflict of laws rules, and, for arbitration, by the Federal Arbitration Act. Where a matter may be heard in court, you and we submit to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California, except that either of us may enforce a judgment or award in any court with jurisdiction. These choices do not take away any protection of mandatory consumer law where you live.
12. Survival. This section survives the end of this Agreement. If any part of it, other than the class action waiver, is unenforceable, that part is removed and the rest applies.

Notice to California users

Under California Civil Code section 1789.3, the Software is provided by Surf Platforms Inc., San Jose, California, United States. Candidates and referees use it free of charge. If you have a question or complaint, contact us at contact@surfplatforms.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

• We may update this Agreement. We will change the date at the top and, for a significant change, tell people with an Elsin account before it takes effect.
• You may not transfer this Agreement. We may transfer it to a successor in a merger, acquisition or sale of assets.
• If any part is unenforceable, the rest still applies. Not enforcing a right is not a waiver of it.
• This Agreement, together with the privacy policy and any consent you give in the Software, is the whole agreement between you and us about the Software.

Surf Platforms Inc., San Jose, California, United States. Email: contact@surfplatforms.com. This address also takes privacy requests and arbitration opt-outs.