“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 analysis describes what Windsurf's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.
Interpretive note: The ellipsis in the excerpt indicates the full indemnification clause is not quoted; additional conditions, exclusions, or obligations (such as indemnification for losses, not just defense) may be present but cannot be captured in the canonical claim.
If a third party claims Windsurf's Services (used as directed) infringe their patents, copyrights, or trade secrets, Windsurf must defend you.
How other platforms handle this
THESE SECTIONS 9(B) AND 9(C) STATE RAMP'S SOLE AND EXCLUSIVE OBLIGATIONS, AND COMPANY'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
If Customer is enjoined or otherwise prohibited from using any of the CS Service or part thereof based on a Claim covered by Contentsquare’s indemnification obligations under Section 9.1 (By Contentsquare) above, then Contentsquare will, at its sole expense and option, either: (a) obtain for Custome...
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
"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...Excerpt from Windsurf's Cognition Platform Terms of Service
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Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.
If a third party claims Windsurf's Services (used as directed) infringe their patents, copyrights, or trade secrets, Windsurf must defend you.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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