| Before | After | ||
|---|---|---|---|
| 0 | Terms of Service: Individual & Pro Interested in Teams? | 0 | Terms of Service: Individual & Pro | Devin Windsurf is now Devin Desktop. |
| 1 | The IDE you love, with more features. | ||
| 2 | Learn more → Windsurf is now Devin Desktop → Product Solutions Customers Resources Pricing Contact sales Sign in Download Terms of Service: Individual & Pro Interested in Teams? | ||
| 6 | PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE , YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EXAFUNCTION’S PRIVACY POLICY (TOGETHER, THESE “ TERMS ”). | 8 | PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EXAFUNCTION'S PRIVACY POLICY (TOGETHER, THESE " TERMS "). |
| 8 | YOUR USE OF THE SERVICE, AND EXAFUNCTION’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY EXAFUNCTION AND BY YOU TO BE BOUND BY THESE TERMS. | 10 | YOUR USE OF THE SERVICE, AND EXAFUNCTION'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY EXAFUNCTION AND BY YOU TO BE BOUND BY THESE TERMS. |
| 9 | ARBITRATION NOTICE. | 11 | ARBITRATION NOTICE . |
| 12 | The Cognition platform (including Windsurf) offers a suite of coding tools driven by machine learning to help developers write code more easily and efficiently (the “Platform” ) and can provide suggested code, outputs or other functions (each, a “Suggestion” ). | 14 | The Cognition platform (including Windsurf) offers a suite of coding tools driven by machine learning to help developers write code more easily and efficiently (the " Platform ") and can provide suggested code, outputs or other functions (each, a " Suggestion "). |
| 24 | If you believe that your account is no longer secure, then you should immediately notify us at privacy@windsurf.com . 4. | 26 | If you believe that your account is no longer secure, then you should immediately notify us at privacy@windsurf.com. 4. |
| 26 | Exafunction may from time to time offer trial or beta models or versions or features of the Service (each, a “Beta Service” ). | 28 | Exafunction may from time to time offer trial or beta models or versions or features of the Service (each, a "Beta Service"). |
| 27 | Exafunction will determine, at its sole discretion, the availability, duration (the “Trial Period” ), features, and components of each Beta Service. | 29 | Exafunction will determine, at its sole discretion, the availability, duration (the "Trial Period"), features, and components of each Beta Service. |
| 28 | ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. | 30 | ANY BETA SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES. |
| 30 | If you qualify for a Beta Service and voluntarily agree to use a Beta Service, you agree to provide Exafunction Feedback (defined below) and respond to Exafunction’s questions or other inquiries regarding your use of the Beta Service, if requested. | 32 | If you qualify for a Beta Service and voluntarily agree to use a Beta Service, you agree to provide Exafunction Feedback (defined below) and respond to Exafunction's questions or other inquiries regarding your use of the Beta Service, if requested. |
| 45 | Exafunction, at its sole discretion, may make promotional offers with different features and different pricing to any of Exafunction’s customers. | 47 | Exafunction, at its sole discretion, may make promotional offers with different features and different pricing to any of Exafunction's customers. |
| 49 | The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“ Subscription Service ”). | 51 | The Service may include certain subscription-based plans with automatically recurring payments for periodic charges ("Subscription Service"). |
| 50 | The “ Subscription Billing Date ” is the date when you purchase your first subscription to the Service. | 52 | The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. |
| 51 | The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “ Initial Subscription Period ”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “ Subscription Period ”) unless you cancel the Subscription Service or we terminate it. | 53 | The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the "Initial Subscription Period"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Service or we terminate it. |
| 53 | For information on the “ Subscription Fee ”, please see our pricing page. | 55 | For information on the "Subscription Fee", please see our pricing page. |
| 62 | Licenses 6.1. Limited License. | 64 | Licenses. 6.1. Limited License. |
| 67 | If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ( “Feedback” ), then you hereby grant Exafunction an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. | 69 | If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Exafunction an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. |
| 71 | The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Exafunction ( “Materials” ) are protected by intellectual property and other laws. | 73 | The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Exafunction ("Materials") are protected by intellectual property and other laws. |
| 75 | Third-Party Terms 8.1. Third-Party Services and Linked Websites. | 77 | Third-Party Terms. 8.1. Third-Party Services and Linked Websites. |
| 78 | Third-party services are not under Exafunction’s control, and, to the fullest extent permitted by law, Exafunction is not responsible for any third-party service’s use of your exported information. | 80 | Third-party services are not under Exafunction's control, and, to the fullest extent permitted by law, Exafunction is not responsible for any third-party service's use of your exported information. |
| 80 | Linked websites are not under Exafunction’s control, and Exafunction is not responsible for their content. | 82 | Linked websites are not under Exafunction's control, and Exafunction is not responsible for their content. |
| 83 | Platforms. | 85 | You may elect to use or integrate platforms, add-ons, services, or products not provided by Exafunction ("Third-Party Platforms") (e.g. User IDE's, Web Search, MCP Servers) subject to your agreement with the relevant provider and not this Agreement. |
| 84 | You may elect to use or integrate platforms, add-ons, services, or products not provided by Exafunction (“Third-Party Platforms”) (e.g. User IDE’s, Web Search, MCP Servers) subject to your agreement with the relevant provider and not this Agreement. | — | Removed |
| 87 | User Content 9.1. User Content Generally. | 88 | User Content. 9.1. User Content Generally. |
| 88 | Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ( “Post” ) content to the Service, including folders, data, text, and any other works of authorship or other works ( “User Content” ). | 89 | Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Service, including folders, data, text, and any other works of authorship or other works ("User Content"). |
| 106 | Use of User Content to Improve Services 10.1 Use of Autocomplete User Content to Improve Services. | 107 | Use of User Content to Improve Services. 10.1. Use of Autocomplete User Content to Improve Services. |
| 111 | Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models. “Autocomplete User Content” mean User Content provided to the Service in the operation of the Autocomplete feature. 10.2 Use of Chat User Content to Improve Services. | 112 | Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models. |
| 113 | "Autocomplete User Content" mean User Content provided to the Service in the operation of the Autocomplete feature. 10.2. Use of Chat User Content to Improve Services. | ||
| 115 | Please note that if you opt out, you will not have access to Chat Services. “Chat User Content” mean User Content provided to the Service in the operation of the Cascade or Chat features. 11. | 117 | Please note that if you opt out, you will not have access to Chat Services. |
| 118 | "Chat User Content" mean User Content provided to the Service in the operation of the Cascade or Chat features. 11. | ||
| 124 | Notwithstanding the foregoing, if you elect to use a model labeled “(no ZDR)”, we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or other information (e.g. Remote Indexing, Memories, Recipes, Web Retrieval, Trajectory Sharing, Deploys, Reviews, Knowledge Base), and for Devin and Exafunction's Forge product, we may store code snippets and/or other information to provide these Services. | 127 | Notwithstanding the foregoing, if you elect to use a model labeled "(no ZDR)", we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or conversation history (e.g., Memories, Rules, or similar features), you acknowledge that the associated User Content will be stored as necessary to provide those features. 12. |
| 125 | In addition, Profile Data may be stored for authentication and otherwise to provide the Service. “Profile Data” means any information that you voluntarily for the purpose of personalizing or maintaining an account, service preferences, or user identity within the Service. “Enable” means that a feature of the Service may be enabled or not disabled in the same context. “Enable” means that a feature of the Offering may be enabled or not disabled in the same context. 12. | — | Removed |
| 130 | BY USING THE SERVICE, YOU AGREE NOT TO: 13.1. use the Service for any illegal purpose or in violation of any local, state, national, or international law; 13.2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; 13.3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; 13.4. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Exafunction; 13.5. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; 13.6. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; 13.7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission; 13.8. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or 13.9. attempt to do any of the acts described in this Section 13 or assist or permit any person in engaging in any of the acts described in this Section 13. 14. | 132 | BY USING THE SERVICE, YOU AGREE NOT TO: use the Service for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Exafunction; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 13 or assist or permit any person in engaging in any of the acts described in this Section 13. 14. |
| 131 | Intellectual Property Rights Protection 14.1. Respect of Third Party Rights. | 133 | Intellectual Property Rights Protection. 14.1. Respect of Third Party Rights. |
| 137 | If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Service; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf. | 139 | If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property right that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf. |
| 140 | Exafunction’s policy is to: (a) remove or disable access to material that Exafunction believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. | 142 | Exafunction's policy is to: (a) remove or disable access to material that Exafunction believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. |
| 143 | If you receive a notification from Exafunction that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Exafunction with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Exafunction’s Designated Agent through one of the methods identified in Section 14.2, and include substantially the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Exafunction may be found, and that you will accept service of process from the person who provided notification under Section 14.2 above or an agent of that person. | 145 | If you receive a notification from Exafunction that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Exafunction with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Exafunction's Designated Agent through one of the methods identified in Section 14.2, and include substantially the following information: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Exafunction may be found, and that you will accept service of process from the person who provided notification under Section 14.2 above or an agent of that person. |
| 144 | A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act. 14.6. Reposting of Content Subject to a Counter Notification. | 146 | A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act. 14.6. Reposting of Content Subject to a Counter Notification. |
| 145 | If you submit a Counter Notification to Exafunction in response to a Notification of Claimed Infringement, then Exafunction will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Exafunction will replace the removed User Content or cease disabling access to it in 10 business days, and Exafunction will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Exafunction’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Exafunction’s system or network. 14.7. False Notifications of Claimed Infringement or Counter Notifications. | 147 | If you submit a Counter Notification to Exafunction in response to a Notification of Claimed Infringement, then Exafunction will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Exafunction will replace the removed User Content or cease disabling access to it in 10 business days, and Exafunction will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Exafunction's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Exafunction's system or network. 14.7. False Notifications of Claimed Infringement or Counter Notifications. |
| 146 | The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Exafunction] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Exafunction reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. 15. | 148 | The Copyright Act provides at 17 U.S.C. § 512(f) that: "[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Exafunction] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it." Exafunction reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. 15. |
| 154 | Term, Termination, and Modification of the Service 16.1. Term. | 156 | Term, Termination, and Modification of the Service. 16.1. Term. |
| 166 | To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Exafunction, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Exafunction Entities” ) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. | 168 | To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Exafunction, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Exafunction Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. |
| 168 | Disclaimers; No Warranties by Exafunction 18.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. | 170 | Disclaimers; No Warranties by Exafunction. 18.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. |
| 174 | Limitation of Liability 19.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 19.2. EXCEPT AS PROVIDED IN SECTIONS 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100. 19.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. | 176 | Limitation of Liability. 19.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. 19.2. EXCEPT AS PROVIDED IN SECTIONS 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100. 19.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. |
| 178 | Dispute Resolution and Arbitration 20.1. Generally. | 180 | Dispute Resolution and Arbitration. 20.1. Generally. |
| 185 | If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending a letter to Exafunction, Inc., Attention: Arbitration Opt-Out, 900 Villa Street, Mountain View, CA 94041 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ( “Opt-Out Notice” ). | 187 | If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending a letter to Exafunction, Inc., Attention: Arbitration Opt-Out, 900 Villa Street, Mountain View, CA 94041 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). |
| 187 | This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules” ) as modified by these Terms. | 189 | This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms. |
| 188 | The JAMS Rules and filing forms are available online at www.jamsadr.org , by calling the JAMS at +1-800-352-5267 or by contacting Exafunction. 20.5. Commencing Arbitration. | 190 | The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting Exafunction. 20.5. Commencing Arbitration. |
| 189 | Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ( “Notice of Arbitration” ). | 191 | Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). |
| 190 | Exafunction’s address for Notice is: Exafunction, Inc., 900 Villa Street, Mountain View, CA 94041. | 192 | Exafunction's address for Notice is: Exafunction, Inc., 900 Villa Street, Mountain View, CA 94041. |
| 191 | The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ( “Demand” ). | 193 | The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). |
| 198 | Except as provided in Section 20.8, the arbitrator can award any relief that would be available if the claims had been brough in a court of competent jurisdiction. | 200 | Except as provided in Section 20.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. |
| 200 | The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. | 202 | The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. |
| 203 | Further, unless both you and Exafunction agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 20.9. Modifications to this Arbitration Provision. | 205 | Further, unless both you and Exafunction agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 20.9. Modifications to this Arbitration Provision. |
| 204 | If Exafunction makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Exafunction’s address for Notice of Arbitration, in which case your account with Exafunction will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. 20.10. | 206 | If Exafunction makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Exafunction's address for Notice of Arbitration, in which case your account with Exafunction will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. 20.10. |
| 207 | Miscellaneous 21.1. General Terms. | 209 | Miscellaneous. 21.1. General Terms. |
| 213 | Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 21.2. Governing Law. | 215 | Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 21.2. Governing Law. |
| 217 | Please read the Exafunction Privacy Policy (the “Privacy Policy” ) carefully for information relating to our collection, use, storage, and disclosure of your personal information. | 219 | Please read the Exafunction Privacy Policy (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. |
| 219 | Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms” ). | 221 | Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). |
| 225 | You may contact us by sending correspondence to that address or by emailing us at hello@windsurf.com . 21.7. Notice to California Residents. | 227 | You may contact us by sending correspondence to that address or by emailing us at hello@windsurf.com. 21.7. Notice to California Residents. |
| 235 | Additionally, our support team may review input and refine responses to improve the quality and relevance of the information provided. 21.9. Force Majeure . | 237 | Additionally, our support team may review input and refine responses to improve the quality and relevance of the information provided. 21.9. Force Majeure. |
| 236 | Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, pandemic or threat thereof, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster (“Force Majeure Events”). | 238 | Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, pandemic or threat thereof, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster ("Force Majeure Events"). |
| 242 | Export . | 244 | Export. |
| 243 | You acknowledge and understand that the Service and Suggestions are subject to U.S. export control and sanctions laws and regulations, including but not limited to the U.S. Department of Commerce’s Export Administration Regulations and trade and economic sanctions maintained by the Office of Foreign Assets Control (“OFAC”) at the U.S. Department of the Treasury, and may be subject to foreign export and import Laws (collectively, “Trade Controls”). | 245 | You acknowledge and understand that the Service and Suggestions are subject to U.S. export control and sanctions laws and regulations, including but not limited to the U.S. Department of Commerce's Export Administration Regulations and trade and economic sanctions maintained by the Office of Foreign Assets Control ("OFAC") at the U.S. Department of the Treasury, and may be subject to foreign export and import Laws (collectively, "Trade Controls"). |
| 246 | You agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any Service, Suggestions, and/or products derived from, based on, or that incorporate Suggestions, to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable foreign jurisdictions without obtaining prior authorization from the competent government authorities as required by those laws and regulations. | 248 | You agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any Service, Suggestions, and/or products derived from, based on, or that incorporate Suggestions, to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. 21.12. |
| 247 | You will not submit to the Service any information controlled under the U.S. International Traffic in Arms Regulations and warrant that any requested Suggestion is classified for export under EAR99. | — | Removed |
| 248 | You agree to Indemnify us for any breach of this provision. 21.12. | — | Removed |
| 254 | Privacy Policy Terms of Service Your Privacy Choices LinkedIn X (Twitter) | ||
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