surphmespicy

Terms of Service

Last Updated: October 1, 2026

Welcome to SurphCo. These Terms of Service ("Terms") govern your access to and use of our website, our subscription mail club services, our comment sections, and any related content, digital products, or social media interactions operated by SurphCo ("we," "us," or "our").

SurphCo is the dba of a Sole Proprietorship under U.S. Employer Identification Number (EIN) (pending receipt by the IRS; contact surphco@gmail.com if you need it before these Terms of Service are updated).

By accessing our services, purchasing products, or joining our mail club, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Eligibility, Age Restrictions & Guardian Notice

By using this Site or subscribing to our mail club, you represent that you are at least 13 years of age. Our services and products are not targeted toward children under the age of 13. If you are between the ages of 13 and 17, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Notice to Parents and Legal Guardians. If you are a parent or legal guardian allowing your teenager (ages 13–17) to subscribe to the SurphCo mail club or use our services, you agree to be bound by these Terms of Service and our Privacy Policy. You accept full responsibility for your teenager's online conduct, including any submissions to our interactive comment sections, and all financial transactions or recurring subscription charges incurred by them.

We require parental authorization for any subscriber under the age of 18. If we determine a subscriber is under 18 and was not enrolled by a parent or legal guardian, we will provide 30 days' notice and opportunity to have a parent authorize the subscription before termination. Subscriptions created or continued without parental knowledge of a minor are subject to immediate termination.

If you believe your child under 13 has provided us with personal information, please contact us immediately so we can delete it from our systems.

2. Third-Party Processors & Merchant of Record

Our mail club and subscription fulfillment services are powered and processed through Fourthwall.

Merchant of Record: Fourthwall acts as the Merchant of Record for transactions made via our mail club. They handle payment processing, sales tax collection, address verification, and fraud prevention.

Third-Party Terms: By subscribing to our comic/mail club, you also agree to comply with Fourthwall's standard terms of service and consumer policies, available at fourthwall.com/legal/terms-of-service. You also agree to comply with Hostinger's terms of service and consumer policies, available at hostinger.com/legal/universal-terms-of-service-agreement. We are not responsible for payment glitches, platform outages, or processing errors originating from Fourthwall. In the event of a dispute regarding payment processing, billing, or refunds, Fourthwall's policies as Merchant of Record will apply.

3. Subscriptions, Billing, and Cancellations

Billing Cycle: By joining our mail club, you authorize recurring monthly or annual charges to your payment method at the specified rate until you cancel.

Cancellations: You can cancel your subscription at any time through your Fourthwall subscriber portal. Cancellations must be submitted before your next billing date to avoid being charged for the subsequent cycle.

Refunds: Due to the physical nature of custom mail rewards and immediate access to digital content releases, subscriptions are non-refundable after shipment of the first month's items. Except where prohibited by law, all refund requests must be submitted within 30 days of billing. Additional exceptions are managed in alignment with Fourthwall's master fulfillment policies.

4. User-Generated Content & Comment Moderation

Our platform may provide interactive features, including comment sections below comic releases, allowing subscribers to post discussions.

License to Content: By posting comments on our website or Fourthwall platform, you grant SurphCo a non-exclusive, royalty-free license to display, archive, and use your comments solely to operate and improve the SurphCo website and comic/mail club. Comments remain your property.

Moderation & Filtering: To maintain a safe, welcoming environment, we use automated filters to restrict profanity, slurs, and inappropriate slang. We actively monitor these sections.

Right to Remove: We reserve the right, at our discretion, to review, filter, edit, refuse to post, or delete any user comment that violates our community standards, is spam, is illegal, or is off-topic. For comments that violate our community policies, we may provide notice and a brief explanation when possible. However, we reserve the right to remove without notice any content that is illegal, defamatory, harassing, or poses an immediate risk to user safety.

Suspension: Repeated violations of our community standard guidelines or attempts to bypass automated filters may result in the suspension or termination of your commenting privileges or your mail club subscription.

5. Intellectual Property

All content delivered through our website and comic/mail club—including but not limited to artwork, logos, text, designs, digital illustrations, comics, story lore, and brand names—is the sole intellectual property of SurphCo.

You may not copy, reproduce, distribute, or create derivative works of our content without express written permission.

Subscriber License: Subscribers may view and share purchased content for personal, non-commercial use only. Reproduction, derivative works, commercial use, and resale of purchased content are prohibited without express written permission from SurphCo.

6. Prohibited Conduct

You agree not to use our website, mail club spaces, or comment sections to:

  • Violate any local, state, national, or international law.
  • Harass, abuse, defame, stalk, threaten, or intentionally insult other community members or creators.
  • Attempt to bypass automated text filters or post harmful, vulgar, or malicious language.
  • Distribute malware, scrape data, or compromise the technical security of our website.

7. Limitation of Liability

To the maximum extent permitted by law, SurphCo and its owner shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from:

  • Your access to, use of, or inability to access or use the website, comment spaces, or mail club services.
  • Any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users.
  • Any content or physical items fulfilled, manufactured, or processed by third-party services, including but not limited to Fourthwall and its shipping partners.

In no event shall our total liability exceed the total amount paid by you to SurphCo for the specific service or subscription giving rise to the claim in the past twelve (12) months. Except where prohibited by law or in cases of gross negligence, fraud, or willful misconduct, this limitation applies to all claims.

8. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms, your use of the services, or any products or services sold or distributed through the services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court. Arbitration shall be conducted on an individual basis, not as a class action. Each party waives any right to a jury trial and any right to participate in a class action lawsuit or class arbitration. For disputes involving amounts of $5,000 or less, either party may opt for a small claims court instead of arbitration.

The arbitration shall be conducted in the county where you reside. Either party may seek injunctive relief from a court of competent jurisdiction to prevent the infringement of intellectual property rights or unauthorized access to the services.

9. Modifications to Terms

SurphCo may modify these Terms upon 30 days' prior written notice to subscribers. Continued use of the service following such modifications constitutes your acceptance of the modified Terms. If you do not accept the modifications, you may cancel your subscription without penalty during the 30-day notice period.

10. Governing Law

These Terms and any disputes arising out of your use of our services shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

11. Copyright and Trademark Infringement Claims

If you believe that content on our website or in our community spaces infringes your copyright or trademark, you may submit a written notice to us. Please include:

  • Your name, address, telephone number, and email address.
  • A description of the copyrighted or trademarked work you claim has been infringed.
  • The URL or location of the infringing content on our website.
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright or trademark holder.
  • Your physical or electronic signature.

Send your notice to: surphco@gmail.com. We will investigate all notices and respond within 14 business days. Upon receipt of a valid infringement notice, we will remove the infringing content and notify the user who posted it of the complaint. Users who receive repeated infringement notices may have their accounts suspended or terminated.

12. Privacy Policy

Your use of our services is also governed by our Privacy Policy. Please review the Privacy Policy to understand our practices regarding your personal information.

13. Contact Information

If you have any questions about these Terms, please contact us via our business contact info or our Fourthwall storefront messaging portal at: surphco@gmail.com.

You may also reach us by mail at:
Surphmespicy
P.O. Box 8
Washington, UT 84780