Terms of service

Last updated October 10, 2026

These terms are an agreement between you (the agent or agency opening an account, “you”) and Resurge (“we,” “us”). By creating an account or using the service you agree to them. If you are accepting on behalf of an agency, you confirm you have authority to bind it.

1. The service

Resurge is software that sends follow-up text messages and emails to the leads you upload, places qualifying calls using an automated assistant, and transfers interested leads to you or your team by phone. We provide the tooling. You decide who to contact and you remain the sender of every message and call.

2. Eligibility

You must be at least 18, hold any insurance license required for the products you market, and use the service only in the United States.

3. Your responsibilities for the leads you upload

You represent and agree that for every lead you upload:

• You hold prior express written consent from that person to be contacted by automated text and telephone at the number provided, in the form required by the Telephone Consumer Protection Act (TCPA), the FCC's rules, and applicable state law, and that the consent names you or was lawfully obtained on your behalf.
• You keep evidence of that consent (for example a TrustedForm or Jornaya certificate, or the form submission record) and will produce it on request.
• The person has not revoked consent, has not asked you not to contact them, and is not on your internal do-not-call list.
• You comply with the National Do Not Call Registry, state do-not-call lists, state mini-TCPA laws, state insurance marketing rules, and CAN-SPAM.
• You will not upload leads that are more than the age your consent record lawfully covers, or that were purchased without rights to contact them by automated means.

We provide tools that help with compliance, including quiet hours, STOP handling, do-not-contact lists, and sender identification. They do not replace your own obligations, and we do not give legal advice.

4. Automated and AI-assisted contact

Messages are drafted and replies are classified with the help of artificial intelligence, and qualifying calls are placed by an automated voice assistant that identifies itself as calling on your behalf. You are responsible for reviewing the message templates and call script available in your account and for any disclosures your state requires. You may not configure the service to impersonate a person or to deny that a call or message is automated when asked.

5. SMS terms

Text messages sent through the service, whether to you as an account holder or to consumers on your behalf, are governed by our SMS messaging terms, which are part of this agreement. In short: messages are sent under the carrier-registered brand name “Resurge” on behalf of the agent named in each message; message frequency varies (up to 3 per week during an active follow-up); message and data rates may apply; reply STOP to cancel and HELP for help; and consent to receive texts is not a condition of purchase. Account holders agree to receive account and transfer notifications by text at the mobile number they provide and may stop them at any time by replying STOP.

6. Acceptable use

You will not use the service to:

• Send messages or place calls without lawful consent, or after a person has opted out.
• Market anything other than insurance products you are licensed to sell, or send content that is deceptive, harassing, or unlawful.
• Contact people under 18, or use the service in connection with sweepstakes, debt collection, lending, cannabis, firearms, or other content that carriers prohibit.
• Attempt to access another customer's data, interfere with the service, or reverse engineer it.

Carriers and messaging providers monitor complaint and opt-out rates. If your account exceeds carrier thresholds we may pause sending while we work with you to fix the cause.

7. Fees and billing

• Platform fee. Billed monthly in advance for the plan you choose. Plans set a weekly limit on leads worked and a number of agent seats.
• Transfer fee. Billed per billable live transfer. A transfer is billable only when a person on your team answered and the lead stayed connected for at least 60 seconds. Missed, dropped, or shorter transfers are not billed.
• Usage fees are billed at the end of each monthly cycle. You authorize us to charge your payment method on file.
• Fees are non-refundable except where required by law. You may cancel at any time and your plan runs through the end of the paid period.
• We may change prices with 30 days' notice by email. Continued use after the effective date is acceptance.

8. Your data

You own the lead data you upload and the conversations produced from it. You grant us a license to process it to provide the service. We act as your service provider for that data, as described in our privacy policy. You can export your data from your account and request deletion when you close it; opt-out records are retained so they continue to be honored.

9. Suspension and termination

We may suspend or close an account that violates these terms, generates carrier complaints, fails to pay, or creates legal risk for us or our other customers. We will tell you why and, where practical, give you a chance to fix it first. You may close your account at any time from settings or by emailing us.

10. Disclaimers

The service is provided “as is.” We do not guarantee any number of replies, transfers, or sales. Message delivery and call completion depend on carriers and networks we do not control. To the fullest extent permitted by law we disclaim all implied warranties.

11. Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, and our total liability for any claim is limited to the fees you paid us in the three months before the claim arose.

12. Indemnification

You will defend and indemnify us against claims, fines, and costs (including reasonable attorneys' fees) arising from the leads you upload, the consent you represented you held, your use of the service, or your violation of law or these terms, including TCPA and state telemarketing claims.

13. Disputes

These terms are governed by the laws of the State of Florida. Any dispute will be resolved by binding individual arbitration under the rules of the American Arbitration Association, except that either party may bring a claim in small claims court or seek an injunction to protect intellectual property. Class actions and class arbitrations are waived to the extent permitted by law.

14. Changes

We may update these terms. We will post the new version here and email customers about material changes at least 14 days before they take effect.

15. Contact

resurge.ai@gmail.com