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Subscriptions automatically renew for successive periods of the same duration as the original subscription term unless the customer cancels before the renewal date. The agreement states that cancellation received after the renewal date will result in charges for the next subscription period.
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 establishes automatic renewal as the default subscription behavior, with charges applied for the next period if cancellation is not received prior to renewal. The agreement does not specify a minimum advance notice period for cancellation or a mechanism through which renewal reminders are provided.
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.
View change record →Under this clause, subscriptions renew automatically for the same duration as the prior term unless cancellation is received before the renewal date, and fees for the renewed period are charged as stated. The agreement does not describe a renewal reminder mechanism or a minimum cancellation notice window.
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"The term ("Term") of this Agreement will commence on the first day the subscription is active and continue in effect for the duration stated in the subscription, and will automatically renew for successive periods of the same duration unless you cancel the Service or we terminate it. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGES FOR THE NEXT SUBSCRIPTION PERIOD.Excerpt from Windsurf's Terms of Service
(1) REGULATORY LANDSCAPE: Automatic renewal clauses are subject to the FTC's Negative Option Rule and Restore Online Shoppers' Confidence Act (ROSCA), which require clear disclosure of auto-renewal terms and easy cancellation mechanisms. California's Automatic Renewal Law (Business and Professions Code Sections 17600-17606) imposes disclosure and cancellation requirements for subscriptions sold to California residents. New York has similar automatic renewal disclosure requirements. (2) GOVERNANCE EXPOSURE: Medium. The agreement does not describe a renewal reminder notification or a defined cancellation method, which may create compliance exposure under ROSCA and state automatic renewal laws. The non-refundable payment policy in Section 5.3, combined with automatic renewal, means customers who miss the cancellation window have no stated refund mechanism for the renewed period. (3) JURISDICTION FLAGS: California's Automatic Renewal Law creates heightened exposure for California resident individual users and business customers. New York's automatic renewal statute may also apply. EU consumer protection law requires clear disclosure of renewal terms and easy cancellation access. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should document renewal dates and implement internal calendar controls for pre-renewal review. The absence of a specified cancellation mechanism in the document warrants direct inquiry to Cognition regarding the cancellation process before subscription commitment. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the subscription onboarding flow provides the disclosures required under ROSCA and applicable state automatic renewal laws. If Cognition does not provide renewal reminders, customers should implement internal renewal monitoring. The non-refundable policy post-renewal should be documented in internal procurement records.
This provision establishes automatic renewal as the default subscription behavior, with charges applied for the next period if cancellation is not received prior to renewal. The agreement does not specify a minimum advance notice period for cancellation or a mechanism through which renewal reminders are provided.
Under this clause, subscriptions renew automatically for the same duration as the prior term unless cancellation is received before the renewal date, and fees for the renewed period are charged as stated. The agreement does not describe a renewal reminder mechanism or a minimum cancellation notice window.
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