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
How other platforms handle this
Mixpanel will have no liability for any Claim that arises in whole or in part from: (a) modifications to the Application Service made by Customer or any third party; (b) the combination, operation or use of the Application Services with software, hardware, data or technology not provided by Mixpanel...
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.
Neither party will have obligations or liability under this Section 7.2 arising from infringement by combinations of the Services or Your Content, as applicable, with any other product, service, software, data, content or method.
"This Section 9.1 will not apply... with respect to any Third-Party Claim arising from or relating to:... (vii) Customer Data.Excerpt from Windsurf's Cognition Platform Terms of Service
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The clause states: “This Section 9.1 will not apply... with respect to any Third-Party Claim arising from or relating to:... (vii) Customer Data.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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