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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology
“Except as expressly provided in these Terms or where required by law, all payments are non-refundable.”
“THE COGNITION IP, SERVICES, AND DOCUMENTATION ARE PROVIDED "AS IS" AND COGNITION HEREBY DISCLAIMS ALL WARRANTIES... WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.”
“YOU AND COGNITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS...”
“This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.”
“Subject to the foregoing, Cognition shall defend Customer against any third-party claim... that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets...”
“Cognition may use Customer Data for model training purposes and to improve and enhance the Services. If you subscribe to a paid Service Tier, you may opt out of this use ("Opt-Out").”
Windsurf's Terms of Service govern how you may use its AI coding assistant, and you own all output the service produces. However, Windsurf makes no guarantees about the service or its outputs, all payments are non-refundable by default, and any dispute must be resolved through individual binding arbitration rather than in court. Free-tier users have no right to opt out of having their data used to train Windsurf's AI models, and no IP infringement protection from Windsurf.
This document establishes Windsurf's Terms of Service, which set out the rights and obligations governing use of its AI-powered Services. Windsurf provides the Services on an as-is basis with a total disclaimer of all warranties, excludes liability for consequential and indirect damages, and disclaims all liability for consequences arising from customer use of or reliance on Output. Customers receive full ownership of Output through an assignment of all right, title, and interest, while Windsurf's IP infringement indemnification is available exclusively to paid-tier customers. All payments are treated as non-refundable by default, disputes must be resolved through binding individual arbitration administered by the American Arbitration Association's International Centre for Dispute Resolution, and customers are prohibited from processing sensitive personal data or medical information through the Services.
As an ordinary user, you own everything the service generates, but you bear all risk from acting on that output since Windsurf disclaims all liability for it. Your data may be used by default to train Windsurf's AI models; if you are on a paid tier, you can opt out of that use. You may not process sensitive personal data such as social security numbers, passport information, or financial account numbers through the service. All payments are non-refundable unless the Terms or law say otherwise, and if you have a dispute with Windsurf you can only pursue it individually through binding arbitration, not through a class action or in court.
Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.
We withheld clauses we had published from this document. Each withholding is recorded in our correction log:
“Except as expressly provided in these Terms or where required by law, all payments are non-refundable.”
“THE COGNITION IP, SERVICES, AND DOCUMENTATION ARE PROVIDED "AS IS" AND COGNITION HEREBY DISCLAIMS ALL WARRANTIES... WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.”
“YOU AND COGNITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS...”
“Subject to the foregoing, Cognition shall defend Customer against any third-party claim... that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets...”
“This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.”
“Cognition may use Customer Data for model training purposes and to improve and enhance the Services. If you subscribe to a paid Service Tier, you may opt out of this use ("Opt-Out").”
“Customer shall indemnify, hold harmless, and, at Cognition's option, defend Cognition from and against any losses resulting from any Third-Party Claim (i) that the Customer Data... infringes...”
“in no event will either party be liable... for any: (A) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (B) increased costs, diminution in value or lost business...”
“the Dispute will be resolved by binding arbitration rather than in court... by the American Arbitration Association's International Centre for Dispute Resolution...”
“Outputs may be inaccurate or inappropriate for your intended use cases, and Cognition disclaims all liability for any consequences arising from your use of, or reliance on, Output.”
“You agree not to process any medical information or sensitive personal data such as social security numbers, birth dates, passport information, bank account, and credit card numbers in using the Services.”
“Cognition assigns to you all right, title, and interest in Output. You own all right, title, and interest, including all intellectual property rights, in and to Customer Data...”
Every distinct legal provision identified in this document. Featured provisions appear above with analysis.
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