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
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we may (i) modify or suspend the Pilot at any time or (ii) suspend or terminate your participation in the Pilot or related benefits, each in our sole discretion.
"If such a Third-Party Claim is made or appears possible, Customer agrees to permit Cognition, at Cognition's sole discretion, to (A) modify or replace the Services... to make the Services... non-infringing; or (B) obtain the right for Customer to continue use...Excerpt from Windsurf's Cognition Platform Terms of Service
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The clause states: “If such a Third-Party Claim is made or appears possible, Customer agrees to permit Cognition, at Cognition's sole discretion, to (A) modify or replace the Services... to make the Services... non-infringing; or (B) obtain the right for Customer to continue use...”
ConductAtlas has identified this type of provision across 250 platforms. See the full comparison.
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