“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...”
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
The customer bears the financial and legal burden if a third party claims that Customer Data the customer provided infringes their rights.
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.
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
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...
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.
(c) a dispute between you and any End User.
"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
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The customer bears the financial and legal burden if a third party claims that Customer Data the customer provided infringes their rights.
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.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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