End User License Agreement

1. Licence grant

SurgeFPS is a commercial trade name operated under enterprise/VAT number BE2388358447. Subject to this EULA, SurgeFPS grants you a personal, non-exclusive, non-transferable, revocable licence to install and use the Software on Windows PCs you own or control, up to the number of devices allowed by your plan. Paid (Pro/Ultra) features require an active subscription — see the Payment Terms. This is a licence, not a sale: SurgeFPS retains all ownership of the Software.

2. What the Software does — and your acknowledgement

SurgeFPS is a Windows optimization tool. To improve gaming performance it changes system settings on your PC — including registry values, power plans, services, network settings, and similar configuration. You acknowledge and accept that:

• These changes are applied at your direction and affect how your system behaves.
• The Software provides a rollback feature and can create a system restore point before applying changes, but rollback and restore are provided on a best-effort basis and cannot be guaranteed to reverse every change in every environment.
• You are responsible for your own system and data. You should back up important data and keep the restore-point option enabled before applying changes.

3. Acceptable use & restrictions

You agree not to:

• Copy, redistribute, resell, rent, sublicense, or make the Software available to others.
• Reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is prohibited by applicable law.
• Circumvent, disable, or tamper with licensing, subscription, or device-limit checks.
• Use the Software in violation of any applicable law, or on systems you do not own or control.

4. Updates

The Software may download and install updates automatically to fix issues, improve performance, or add features. Some updates may be required for the Software to keep working. Updated versions are governed by the version of this EULA in effect at the time.

5. Third-party components

The Software may use or optionally rely on third-party components — for example Intel’s open-source PresentMon (used for FPS measurement), which is downloaded by you and remains the property of its owners under its own licence. Such components are provided by their respective owners, and SurgeFPS makes no warranty in respect of them.

6. Intellectual property

The Software, including its code, design, trademarks, and content, is owned by SurgeFPS and protected by law. Except for the licence granted above, no rights are transferred to you.

7. Disclaimer of warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. SurgeFPS does not warrant that the Software will be error-free or uninterrupted, that it will be compatible with your specific hardware or software, or that it will produce any particular performance gain — results such as FPS improvements vary by system and are not guaranteed.

8. Limitation of liability

To the maximum extent permitted by law, SurgeFPS will not be liable for any indirect, incidental, special, or consequential damages, or for loss of data, profits, or system availability, arising out of or relating to your use of (or inability to use) the Software — even if advised of the possibility. To the extent SurgeFPS is found liable, its total liability is limited to the amount you paid for the Software in the 12 months before the event giving rise to the claim. Nothing in this EULA excludes or limits liability that cannot be excluded or limited under applicable law, including your mandatory rights as a consumer.

9. Term & termination

This EULA applies while you use the Software. Your licence ends automatically if you breach it, and paid-feature access ends if your subscription lapses (see the Payment Terms). You may end it at any time by uninstalling the Software. On termination you must stop using the Software; the disclaimer and liability provisions survive.

10. Privacy

Your use of the Software is subject to our Privacy Policy, which explains what we collect and why. SurgeFPS does not collect the contents of your files or games.

11. Governing law

This EULA, and any dispute arising out of or in connection with it or the Software, is governed by and construed in accordance with the laws of Belgium, without regard to its conflict-of-law principles, and the courts of Belgium have jurisdiction — except where mandatory law grants you rights or a forum that cannot be waived.

12. Contact

Questions about this licence? Email [email protected].