Windsurf Terms of Service

This document governs use of the Windsurf (Exafunction, Inc.) Individual and Pro tier coding assistant platform, establishing the contractual basis for access to AI-powered code generation tools including Autocomplete, Chat/Cascade, and related features. The agreement states that users grant Exafunction a perpetual, irrevocable, royalty-free license to exploit user Feedback in any manner; authorizes use of Chat User Content to train generative and discriminative machine learning models (with opt-out available, but opt-out disables Chat Services access); and permits use of Autocomplete User Content for discriminative model training with opt-out available without service loss. Section 20 establishes mandatory binding individual arbitration with class action and jury trial waiver, and Section 10.2 creates an operationally distinct trade-off where opting out of Chat data training disables Chat Service access entirely, a condition less commonly observed than simple opt-out mechanisms that preserve full functionality. The agreement engages U.S. federal frameworks including the FTC Act (consumer protection, unfair or deceptive practices), COPPA (minimum age set at 13), and DMCA (Section 512 safe harbor procedures); EU and California residents should evaluate applicability of GDPR and CCPA respectively, as the document does not explicitly address those frameworks, creating potential compliance gaps depending on jurisdiction and enforcement context.