“This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.”
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
Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.
If you use the Free Service Tier, you are not covered by Windsurf's Section 9.1 IP infringement indemnification.
How other platforms handle this
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.Excerpt from Windsurf's Cognition Platform Terms of Service
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Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.
If you use the Free Service Tier, you are not covered by Windsurf's Section 9.1 IP infringement indemnification.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.