“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...”
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
This exclusion eliminates recovery for the most significant categories of economic harm that typically result from service failures, limiting any claim to direct damages only.
Interpretive note: The excerpt ends with an ellipsis after item (B), indicating further excluded categories may exist. The canonical claim captures only what is explicitly quoted. The mutual application of the exclusion (both parties) is noted in omitted_material rather than foregrounded, as the primary proposition concerns the scope of excluded damages.
You cannot recover from Windsurf for consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, or for increased costs, diminution in value, or lost business losses.
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THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES...SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY IN THE UNITED STATES OR THE PROVINCE OF QUÉBEC IN CANADA.
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"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...Excerpt from Windsurf's Cognition Platform Terms of Service
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This exclusion eliminates recovery for the most significant categories of economic harm that typically result from service failures, limiting any claim to direct damages only.
You cannot recover from Windsurf for consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, or for increased costs, diminution in value, or lost business losses.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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