Governance document

CA-D-000487

Windsurf Terms of Service

Windsurf

Last change detected July 24, 2026 Terms of service

SHA-256: 05c1f63c8ab3f0f31aa… 7 versions captured 6 changes documented

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This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology

81 Total

31 High severity

42 Medium severity

8 Low severity

Key Facts

Are Windsurf's payments refundable?

Windsurf treats all payments as non-refundable except as expressly provided in the Terms or where required by law.

When are Windsurf's payments refundable?

Windsurf treats all payments as non-refundable except as expressly provided in the Terms or where required by law.

What warranties does Windsurf disclaim?

Windsurf disclaims all warranties—whether express, implied, statutory, or otherwise—with respect to the Cognition IP, Services, and Documentation, which are provided on an as-is basis.

On what basis are the Cognition IP, Services, and Documentation provided?

Windsurf disclaims all warranties—whether express, implied, statutory, or otherwise—with respect to the Cognition IP, Services, and Documentation, which are provided on an as-is basis.

What capacity must each party bring claims in?

Windsurf requires that each party bring claims against the other only in an individual capacity, not as a plaintiff or class member in any purported class action.

Can each party bring claims as a plaintiff or class member in any purported class action?

Windsurf requires that each party bring claims against the other only in an individual capacity, not as a plaintiff or class member in any purported class action.

To which customer tiers does Windsurf's IP infringement indemnification apply?

Windsurf's IP infringement indemnification under Section 9.1 applies only to customers on Paid Service Tiers and does not apply to customers on the Free Service Tier.

Does Windsurf's IP infringement indemnification apply to customers on the Free Service Tier?

Windsurf's IP infringement indemnification under Section 9.1 applies only to customers on Paid Service Tiers and does not apply to customers on the Free Service Tier.

What will Windsurf defend the customer against?

Windsurf shall defend the customer against any third-party claim that the Services, when used in accordance with the Agreement, infringe or misappropriate a third party's patents, copyrights, or trade secrets.

What must the Services be used in accordance with for Windsurf to defend the customer?

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Summary

Windsurf's Terms of Service govern how you may use its AI coding assistant, and you own all output the service produces. However, Windsurf makes no guarantees about the service or its outputs, all payments are non-refundable by default, and any dispute must be resolved through individual binding arbitration rather than in court. Free-tier users have no right to opt out of having their data used to train Windsurf's AI models, and no IP infringement protection from Windsurf.

Analysis

This document establishes Windsurf's Terms of Service, which set out the rights and obligations governing use of its AI-powered Services. Windsurf provides the Services on an as-is basis with a total disclaimer of all warranties, excludes liability for consequential and indirect damages, and disclaims all liability for consequences arising from customer use of or reliance on Output. Customers receive full ownership of Output through an assignment of all right, title, and interest, while Windsurf's IP infringement indemnification is available exclusively to paid-tier customers. All payments are treated as non-refundable by default, disputes must be resolved through binding individual arbitration administered by the American Arbitration Association's International Centre for Dispute Resolution, and customers are prohibited from processing sensitive personal data or medical information through the Services.

What this means for you

As an ordinary user, you own everything the service generates, but you bear all risk from acting on that output since Windsurf disclaims all liability for it. Your data may be used by default to train Windsurf's AI models; if you are on a paid tier, you can opt out of that use. You may not process sensitive personal data such as social security numbers, passport information, or financial account numbers through the service. All payments are non-refundable unless the Terms or law say otherwise, and if you have a dispute with Windsurf you can only pursue it individually through binding arbitration, not through a class action or in court.

Institutional Analysis

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6 important changes detected

7 versions captured · Last updated: July 2026

July 24, 2026

low

What changed Windsurf's Terms of Service footer navigation was updated in an update detected on July 24, 2026 to add two new linked documents: a Service Level Agreement and a Your Privacy Choices page. Previously, the footer did not explicitly link to these documents. The navigation now provides direct access to these additional policy documents alongside existing links.

Why this matters This change does not materially affect the terms consumers operate under. The updated Terms of Service now provides navigation links to a Service Level Agreement and a Your Privacy Choices page alongside the existing policy links. This is a navigational update that improves access to related documentation.

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July 1, 2026

medium

What changed Windsurf's Terms of Service were substantially rewritten on July 1, 2026. The updated terms rebrand the service from Windsurf to the Cognition Platform, clarify that the terms are now offered by Cognition AI, Inc. rather than Exafunction, Inc., and establish a 30-day transition period during which prior terms continue to govern use. The revised language formalizes binding agreement requirements and defines key terms like 'Authorized User,' but the substantive operational changes to user rights, data handling, or service features are not evident from the provided change summary.

Why this matters The updated terms indicate that Windsurf is now operating as the Cognition Platform under Cognition AI, Inc., replacing the prior Exafunction, Inc. structure. The revised terms state that prior terms continue to govern use for 30 days from the posting date (July 1, 2026), and that continued access after that period constitutes acceptance of the updated terms. Users who do not agree with the new terms are instructed to stop using or accessing the Services. The specific substantive changes to user rights, data collection, fees, or service functionality are not detailed in the provided change summary.

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June 30, 2026 low

Windsurf updated its Terms of Service landing page on June 30, 2026, replacing 'Try Devin' with 'Log in' in the navigation header. This is a minor interface change with no …

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June 13, 2026 low

Windsurf reordered navigation menu items in their Terms of Service page header on June 13, 2026. The sequence of 'Contact sales', 'Download', and 'Try Devin' links was adjusted, but the …

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June 5, 2026 low

The Windsurf Terms of Service navigation header was updated on June 5, 2026 to add a 'Try Devin' button alongside the existing 'Download' button. Previously, the header linked only to …

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June 2, 2026 low

Windsurf updated its Terms of Service on June 2, 2026, making primarily formatting and editorial changes. The substantive terms remain functionally the same, with minor punctuation adjustments, spacing corrections, and …

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Featured, High severity

All Payments Generally Non-Refundable Compare →

The default non-refundable rule means customers cannot recover payments simply by cancelling or being dissatisfied; a refund right must be either explicitly granted in the Terms or compelled by applicable law.

Added July 10, 2026 Standard Seen across 179 platforms
All Warranties Disclaimed As-Is Compare →

A total disclaimer of all warranties means the customer receives no assurance of fitness, merchantability, or any other quality guarantee for anything Windsurf provides.

Added July 10, 2026 Standard Seen across 287 platforms
Class Action Waiver Prohibition Compare →

Prohibiting class participation means customers cannot join or lead collective legal actions against Windsurf, limiting each dispute to an individual proceeding.

Added July 10, 2026 Standard Seen across 206 platforms
Cognition Indemnifies Paid Customers for IP Infringement Compare →

Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.

Added July 10, 2026 Standard Seen across 229 platforms
Cognition IP Indemnification Excluded for Free Tier Compare →

Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.

Added July 10, 2026 Standard Seen across 229 platforms
Customer Data Used for Model Training Unless Opted Out Compare →

Customer Data may be used to train Windsurf's AI models by default; the opt-out right exists only for paid-tier subscribers, meaning free-tier customers have no opt-out mechanism.

Added July 10, 2026 Standard Seen across 279 platforms
Customer Indemnifies Cognition for Data and Misuse Compare →

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

Added July 10, 2026 Standard Seen across 229 platforms
Exclusion of Consequential and Indirect Damages Compare →

This exclusion eliminates recovery for the most significant categories of economic harm that typically result from service failures, limiting any claim to direct damages only.

Added July 10, 2026 Standard Seen across 287 platforms
Mandatory Arbitration for All Disputes Compare →

Mandatory binding arbitration removes the customer's right to litigate disputes in court and designates a specific arbitral body to administer the process.

Added July 10, 2026 Standard Seen across 206 platforms
Output Accuracy Disclaimer and Liability Exclusion Compare →

A total disclaimer of liability for Output consequences means the customer bears all risk from acting on or using anything the Services generate, regardless of whether the Output is inaccurate.

Added July 10, 2026 Standard Seen across 287 platforms
Sensitive Personal Data Prohibited from Processing Compare →

The prohibition shifts all risk of processing such data to the customer and establishes a usage boundary that, if violated, could trigger customer indemnification or termination obligations.

Added July 10, 2026 Standard Seen across 245 platforms

Featured, Medium severity

Customer Owns Output and Customer Data Compare →

The assignment of all right, title, and interest in Output means the customer holds full ownership of what the Services generate, not merely a license to use it.

Added July 10, 2026 Standard Seen across 257 platforms