Provision record
Windsurf · Windsurf Terms of Service · View original document ↗

Arbitration Notice Required Before Proceeding

Medium severity Explicitdocumentlanguage Common · 210 of 352 platforms
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Recent governance activity Windsurf recorded 6 documented changes in the last 30 days.
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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

Recent Activity

This document changed recently

Medium Jul 1, 2026

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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How other platforms handle this

Microsoft Copilot Medium

you must first send an individualized Notice of Dispute to Microsoft Corporation...This Notice of Dispute is a prerequisite to initiating any arbitration.

Lyft Medium

A party who intends to initiate arbitration may first send to the other a written notice of the dispute ("Informal Notice") to allow the parties 60 days ... to attempt to negotiate the dispute, claim, or controversy.

Asana Medium

the parties agree to use their best efforts to settle any dispute...directly through consultation with Asana, and good faith negotiations shall be a condition to either party initiating a lawsuit.

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▸ View Original Clause Language DOCUMENT RECORD
"
Before initiating arbitration, a party must first send a written notice of the Dispute to the other party by certified U.S. Mail or by a recognized courier requiring signature on delivery...

Excerpt from Windsurf's Terms of Service

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Windsurf Terms of Service
Entity
Windsurf
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-047584
Document ID
CA-D-00487
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f6e8d9d0bd5f9547549794c5f7e89d7dbd456e727e5d9c631d8366f1a48c326f
Analysis generated
July 9, 2026 04:42 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Terms of Service
Record ID: CA-P-047584
Captured: 2026-07-09 04:42:52 UTC
SHA-256: f6e8d9d0bd5f9547…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/provision/CA-P-047584/arbitration-notice-required-before-proceeding/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Windsurf's Arbitration Notice Required Before Proceeding clause do?

The clause states: “Before initiating arbitration, a party must first send a written notice of the Dispute to the other party by certified U.S. Mail or by a recognized courier requiring signature on delivery...”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.

Is ConductAtlas affiliated with Windsurf?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.