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
The provision operationally clarifies Exafunction's monitoring authority while establishing that monitoring, if undertaken, does not create liability for content or damages. This bifurcated structure permits discretionary monitoring without imposing a duty to identify or prevent problematic content.
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 →Users acknowledge that Exafunction may monitor information transmitted through the service without obligation to do so, and that any monitored information may be examined, recorded, copied, and used per the Privacy Policy. The provision specifies that monitoring activity does not establish Exafunction responsibility for content-related losses or damages.
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"Exafunction does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Exafunction reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service. If at any time Exafunction chooses to monitor the content, then Exafunction still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.— Excerpt from Windsurf's Windsurf Terms of Service
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The provision operationally clarifies Exafunction's monitoring authority while establishing that monitoring, if undertaken, does not create liability for content or damages. This bifurcated structure permits discretionary monitoring without imposing a duty to identify or prevent problematic content.
Users acknowledge that Exafunction may monitor information transmitted through the service without obligation to do so, and that any monitored information may be examined, recorded, copied, and used per the Privacy Policy. The provision specifies that monitoring activity does not establish Exafunction responsibility for content-related losses or damages.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.