Get the weekly research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.
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
Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.
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 →If you use the Free Service Tier, you are not covered by Windsurf's Section 9.1 IP infringement indemnification.
How other platforms handle this
Twilio will have no liability or obligation under this Section 6.1 with respect to any Twilio Indemnifiable Claim arising out of...(c) Services for which there is no charge or Beta Offerings.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
Monitoring
Windsurf has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.
"This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.Excerpt from Windsurf's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.
If you use the Free Service Tier, you are not covered by Windsurf's Section 9.1 IP infringement indemnification.
ConductAtlas has identified this type of provision across 232 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.