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The agreement assigns all intellectual property rights in feedback submitted by customers or Authorized Users, including ideas, concepts, and technical know-how, to Cognition without compensation or attribution. All feedback is treated as Cognition's confidential information.
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 an assignment of intellectual property rights in all customer-submitted feedback, including suggestions, feature requests, and bug reports, to Cognition. The assignment is irrevocable and includes all downstream employees, contractors, and agents of the customer, and no compensation or attribution is required.
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, any feedback, suggestions, or improvement ideas submitted to Cognition through any channel are assigned to Cognition as intellectual property, and the customer retains no rights to compensation or attribution for such contributions. The clause also designates all submitted feedback as Cognition's confidential information.
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"You hereby assign to Cognition, on behalf of itself and its employees, contractors and agents, all right, title, and interest in, and Cognition is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. For the avoidance of doubt, Cognition is not required to use any Feedback. All such Feedback is deemed to be Cognition's Confidential Information.Excerpt from Windsurf's Terms of Service
(1) REGULATORY LANDSCAPE: Blanket IP assignment clauses for user-submitted feedback are common in software agreements and are generally enforceable under U.S. contract law. Some jurisdictions, including certain EU member states, have moral rights protections that may limit the scope of irrevocable assignment of ideas. The FTC Act's unfair practices standards could be implicated if the clause is applied in ways that are not clearly disclosed to consumers. (2) GOVERNANCE EXPOSURE: Low to Medium. For enterprise customers who submit detailed technical feedback, feature specifications, or proprietary methodology as part of error reporting or collaboration, the assignment clause transfers ownership of that intellectual content to Cognition without compensation. The inclusion of employees, contractors, and agents in the assignment scope means the customer's internal personnel IP rights may also be affected. (3) JURISDICTION FLAGS: EU member states with strong moral rights frameworks may limit the practical scope of irrevocable assignment of ideas. Customers in regulated industries that treat technical feedback as proprietary should assess whether submission of such feedback through the platform constitutes an unintended IP transfer. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether internal policies restrict submission of proprietary technical ideas or product feedback through vendor channels without IP safeguards. The designation of all feedback as Cognition's confidential information creates an asymmetric confidentiality structure in which the customer loses control over submitted material. (5) COMPLIANCE CONSIDERATIONS: Customers should implement internal guidance for Authorized Users regarding the IP implications of feedback submission through platform channels. Legal teams should assess whether standard employee IP assignment agreements used by the customer are compatible with this contractual IP transfer to Cognition.
This provision establishes an assignment of intellectual property rights in all customer-submitted feedback, including suggestions, feature requests, and bug reports, to Cognition. The assignment is irrevocable and includes all downstream employees, contractors, and agents of the customer, and no compensation or attribution is required.
Under this clause, any feedback, suggestions, or improvement ideas submitted to Cognition through any channel are assigned to Cognition as intellectual property, and the customer retains no rights to compensation or attribution for such contributions. The clause also designates all submitted feedback as Cognition's confidential information.
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