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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.
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"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
1. REGULATORY LANDSCAPE: This provision engages general data security requirements under GDPR Article 32, which requires appropriate technical and organizational measures without permitting risk transfer to data subjects. The FTC Act's prohibition on unfair or deceptive practices is relevant to the adequacy of security representations. State data breach notification laws impose independent obligations regardless of risk acceptance language in privacy policies. 2. GOVERNANCE EXPOSURE: Low to Medium. The 'commercially reasonable' standard is commonly stated across the industry and does not assert a specific security framework or certification. The risk acceptance language may face challenge in jurisdictions where consumer contracts cannot disclaim liability for negligent data security practices. 3. JURISDICTION FLAGS: GDPR does not permit risk transfer to data subjects for data controller security obligations, making the risk acceptance language potentially inapplicable for EEA and UK users in the context of data security obligations. California and other US states with data security statutes impose independent obligations on data handlers that cannot be disclaimed by contract. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers should not rely on this provision as limiting Cognition AI's obligations under a separately negotiated data processing addendum, which may establish specific security standards and breach notification timelines. The risk acceptance language does not modify DPA obligations or statutory breach notification requirements. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the 'commercially reasonable' standard is adequate for the data categories processed, including user content containing potentially sensitive personal information. Incident response planning should not assume that the risk acceptance language limits regulatory notification or remediation obligations.
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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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