The policy states that commercially reasonable security measures are implemented but are not a guarantee of absolute security, and that users acknowledge and accept that their use of the services is at their own risk.
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 provision asserts a risk acceptance by users regarding data security incidents, framed as an acknowledgment embedded in the privacy policy. The 'commercially reasonable' standard is the commonly stated benchmark in the industry, and the practical enforceability of the risk acceptance language may vary by jurisdiction and applicable law.
Interpretive note: The enforceability of the risk acceptance language varies by jurisdiction; GDPR and certain US state frameworks may limit its practical effect for covered users.
Under this clause, users are stated to acknowledge and accept that service use is at their own risk with respect to the security of their personal information. Applicable law in various jurisdictions may limit the enforceability of broad risk acceptance language in consumer contracts, and this should be evaluated based on the user's jurisdiction.
Cross-platform context
See how other platforms handle Security Disclaimer and Risk Acknowledgment and similar clauses.
Compare across platforms →"We implement commercially reasonable technical, administrative, and organizational measures intended to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.Excerpt from Windsurf's Privacy Policy
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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision asserts a risk acceptance by users regarding data security incidents, framed as an acknowledgment embedded in the privacy policy. The 'commercially reasonable' standard is the commonly stated benchmark in the industry, and the practical enforceability of the risk acceptance language may vary by jurisdiction and applicable law.
Under this clause, users are stated to acknowledge and accept that service use is at their own risk with respect to the security of their personal information. Applicable law in various jurisdictions may limit the enforceability of broad risk acceptance language in consumer contracts, and this should be evaluated based on the user's jurisdiction.
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