Provision record
Windsurf · Cognition Platform Terms of Service · View original document ↗

Customer Indemnifies Cognition for Data and Misuse

High severity Medium confidence Common · 224 of 352 platforms

Key Facts · in the document’s own words

Against what must the customer indemnify and hold harmless Windsurf?
“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...”
Version CA-V-006787, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
Windsurf requires the customer to indemnify, hold harmless, and (at Windsurf's option) defend Windsurf against losses resulting from third-party claims that Customer Data infringes a third party's rights.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The customer bears the financial and legal burden if a third party claims that Customer Data the customer provided infringes their rights.

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Interpretive note: The excerpt ends with an ellipsis after item (i), indicating at least one additional indemnification trigger exists but is not quoted. The clause name references 'Misuse' as a separate ground, but no language establishing that ground is present in the excerpt.

Consumer impact (what this means for users)

You are required to cover Windsurf's losses and, if Windsurf chooses, provide its defense if your Customer Data is alleged to infringe a third party's rights.

How other platforms handle this

Fly.io Medium

Customer will defend at its expense any suit brought against Fly.io, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim arising out of or relating to (a) any use of the Fly.io Services not in accordance with t...

Supabase Medium

This Section 10(a) will not apply to the extent that the alleged infringement arises from: ... (iii) Customer Data; (iv) Third-Party Products; (v) AI Output; or (vi) AI Input.

AWS Medium

(c) a dispute between you and any End User.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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...

Excerpt from Windsurf's Cognition Platform Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Cognition Platform Terms of Service
Entity
Windsurf
Date stated by the document
June 30, 2026
As printed in Windsurf’s text (version CA-V-006787), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
April 29, 2026
Text quoted from version
CA-V-006787, captured Sept. 11, 2026
Record ID
CA-P-047508
Document ID
CA-D-000487
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-006787)
325f932fce06d8e7edd00509f43f011ca64d49a61a1ff9a7e7211946379a8f72
Analysis generated
July 9, 2026 04:42 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-006787, captured Sept. 11, 2026 (checked Oct. 5, 2026)
Citation Record
Entity: Windsurf
Document: Cognition Platform Terms of Service
Record ID: CA-P-047508
Version: CA-V-006787
Captured: 2026-09-11 00:59:12 UTC
SHA-256: 325f932fce06d8e7…
URL: https://conductatlas.com/platform/windsurf/cognition-platform-terms-of-service/provision/CA-P-047508/customer-indemnifies-cognition-for-data-and-misuse/
Accessed: Oct. 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Windsurf's Customer Indemnifies Cognition for Data and Misuse clause do?

The customer bears the financial and legal burden if a third party claims that Customer Data the customer provided infringes their rights.

How does this clause affect you?

You are required to cover Windsurf's losses and, if Windsurf chooses, provide its defense if your Customer Data is alleged to infringe a third party's rights.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.

Is ConductAtlas affiliated with Windsurf?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.