Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ScholarSurge Media Inc., a corporation registered in British Columbia, Canada, operating under the brand name ScholarSurge ("we," "us," "our," or "ScholarSurge").

By accessing or using scholarsurge.co (the "Site"), engaging our services, or otherwise interacting with us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Site or services.

These Terms apply to all visitors, prospects, and clients of ScholarSurge.

ScholarSurge provides digital marketing and enrollment growth services to K-12 schools, including:

• Paid advertising management (Meta, Google, TikTok, and other platforms)
• Marketing automation setup and management
• Customer relationship management (CRM) implementation
• Email and SMS nurture sequences
• Landing page design and development
• Performance reporting and strategic consultation

We also offer:

• Free Enrollment Audits (consultative assessments)
• Educational content via our website, newsletter, and social channels

We are a marketing services agency. We are not a law firm, financial advisor, or educational consultant. We do not provide legal, financial, or educational accreditation advice.

Eligibility

You must be at least 18 years old and authorized to enter into legally binding agreements on behalf of yourself or your organization to use our Site and services.

School Decision-Makers

Our services are intended for use by school administrators, heads of school, superintendents, admissions directors, and other decision-makers with the authority to engage marketing services on behalf of their institution.

Accuracy of Information

You agree that all information you provide to us (during booking, contact form submissions, client onboarding, etc.) is accurate, complete, and current. You are responsible for updating any changes.

You agree NOT to:

• Use our Site or services for any illegal purpose
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Interfere with the operation of our Site (denial-of-service attacks, malware, etc.)
• Attempt to gain unauthorized access to our systems or data
• Scrape, harvest, or collect information from our Site for commercial purposes without permission
• Use our Site to send spam or unsolicited communications
• Reproduce, duplicate, copy, or resell our content or services without express written permission
• Submit false, misleading, or fraudulent information

We reserve the right to suspend or terminate your access to our Site or services for any violation of these Terms.

Our Intellectual Property

All content on our Site — including text, graphics, logos, images, videos, software, the "ScholarSurge" name, "The Surge System" methodology, and the "Enrollment Audit" framework — is owned by ScholarSurge Media Inc. or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not use, reproduce, modify, distribute, or display our intellectual property without our express written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal, non-commercial purposes consistent with these Terms.

Client Content

Clients retain ownership of content they provide to us (school logos, photography, brand assets, etc.). By engaging our services, clients grant us a license to use this content solely for the purpose of delivering services.

Work Product

For clients, ownership of deliverables (ad creative, landing pages, campaign assets, etc.) is governed by the individual client service agreement and may transfer to the client upon final payment, as specified in that agreement.

These Terms apply to all users of our Site. However, paid engagements between ScholarSurge and a client school are governed by a separate, individually negotiated Service Agreement.

In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls for the specific client relationship.

For clients:

• All fees are quoted in USD or CAD as specified in the Service Agreement
• Monthly retainers are invoiced in advance, due on the 1st of each month
• Performance fees are invoiced monthly based on confirmed enrollments
• Ad spend is billed separately and paid directly to the ad platforms (Meta, Google, etc.) — we do not mark up ad spend
• Payments not received within 14 days are considered overdue and may incur 1.5% monthly interest
• Services may be paused for accounts more than 30 days overdue
• All fees are non-refundable except as specified in your Service Agreement or our Performance Guarantee (Section 8)

ScholarSurge offers performance guarantees on certain client engagements, as detailed in your individual Service Agreement.

The 90-Day Enrollment Guarantee

For qualifying engagements, we guarantee a minimum of 50 qualified family inquiries within the first 90 days of full service deployment.

A "qualified family inquiry" is defined as:

• A parent or guardian of a school-age child
• Located within the school's catchment area or stated acquisition radius
• Who has provided contact information and expressed interest in your school
• Who passes basic qualification criteria established at the start of the engagement

If we do not meet this guarantee, we will continue providing services at no monthly retainer cost until we hit 50 qualified inquiries. Performance fees continue to apply to students actually enrolled.

Limitations

The 90-Day Guarantee does NOT apply if:

• The client fails to provide reasonable cooperation (timely ad spend, content approvals, admissions team responsiveness)
• The client fails to maintain a minimum ad spend as outlined in the Service Agreement
• The client pauses or cancels the engagement within the first 90 days
• The school's market conditions materially differ from representations made at engagement
• External factors materially impact enrollment (school closures, regulatory changes, force majeure)

What We Do NOT Guarantee

We do NOT guarantee:

• A specific number of enrolled students
• Specific tuition revenue or per-pupil funding amounts
• Specific conversion rates beyond the inquiry benchmark
• Outcomes that depend on factors outside our control (admissions decisions, family choices, market dynamics)

Marketing results vary based on numerous factors and past performance does not guarantee future results.

By You

You may stop using our Site at any time. Clients may terminate their Service Agreement according to the terms specified in that agreement (typically requiring 30 days written notice after the initial commitment period).

By Us

We may suspend or terminate your access to our Site or services at any time for any reason, including:

• Violation of these Terms
• Non-payment of fees (for clients)
• Conduct harmful to our team, other clients, or our business
• Discontinuation of any service offering

Effect of Termination

Upon termination:

• Your right to use our Site immediately ceases
• We may delete your account data after a reasonable retention period
• Provisions that by their nature should survive termination will survive (intellectual property, limitation of liability, governing law, etc.)
• For clients, post-termination obligations are governed by the Service Agreement

"AS IS" Service

OUR SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted, secure, or error-free operation

Marketing Results Disclaimer

We do not guarantee specific marketing results. While we provide the 90-Day Enrollment Guarantee detailed in Section 8, individual outcomes vary based on:

• Market conditions
• Competition
• Client cooperation and execution
• School quality, reputation, and offerings
• External economic factors

Any case studies, statistics, or testimonials displayed are specific to those clients and do not guarantee similar results for your school.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

General Limitation

IN NO EVENT SHALL ADSEED MEDIA INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SITE OR SERVICES SHALL NOT EXCEED:

(a) For users (non-clients): One hundred dollars ($100 USD)

(b) For clients: The total amount paid by you to us in the 12 months preceding the claim

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless ScholarSurge Media Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use of our Site or services
• Your violation of these Terms
• Your violation of any third-party rights (intellectual property, privacy, etc.)
• Content you submit or transmit through our Site
• Your business practices, including your representations to families and students

Governing Law

These Terms are governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Informal Resolution

Before filing any formal legal action, you agree to attempt to resolve disputes informally by contacting us at hello@scholarsurge.co. We will attempt to resolve the dispute within 30 days.

Jurisdiction

If informal resolution fails, any legal action must be brought in the courts of British Columbia, Canada. You consent to personal jurisdiction and venue in those courts.

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions, class-wide arbitrations, or representative proceedings.

We may modify these Terms at any time. When we make material changes:

• The "Last Updated" date will be revised
• We will provide notice via email or prominent Site notice for significant changes
• Continued use of our Site after changes constitutes acceptance

If you do not agree to modified Terms, you must stop using our Site.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreement, constitute the entire agreement between you and ScholarSurge Media Inc. regarding your use of our Site and services.

No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later.

Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights at any time without notice.

For questions about these Terms:

By Email:
hello@scholarsurge.co

By Mail:
ScholarSurge Media Inc.
Attn: Legal Department
202-15388 24th Avenue
Surrey, BC V4A 2J2

For general inquiries, visit our Contact page.