Windsurf Terms of Service

This is the legal agreement between you and Exafunction, Inc. (the company behind Windsurf) that controls how you can use their AI coding tools. The most important thing to know is that by default, everything you type into the Chat feature — including your code and prompts — is used to train Windsurf's AI models, and opting out means you permanently lose access to the Chat service. If you pay for a subscription, it auto-renews and all fees are non-refundable, so you must cancel before your renewal date to avoid being charged.

This document constitutes the Terms of Service for Exafunction, Inc.'s Windsurf/Cognition platform (Individual & Pro tiers), governing access to an AI-powered coding assistant through a clickwrap agreement that incorporates the company's Privacy Policy by reference. The most significant obligations include: users grant Exafunction a broad, perpetual, irrevocable, royalty-free license to exploit user Feedback; user Chat Content is used by default to train generative and discriminative ML models (opt-out disables Chat Services entirely); and all subscription fees are non-refundable with automatic renewal unless cancelled before the renewal date. Notable deviations from industry standard include the coercive opt-out mechanism for Chat data — where exercising the privacy right results in loss of core service functionality — and the deletion of user accounts and associated data without liability when payment methods lapse. The document engages CCPA (California Consumer Privacy Act), COPPA (minimum age 13), DMCA (17 U.S.C. § 512), and general FTC Act Section 5 unfair/deceptive practices frameworks; the mandatory binding arbitration clause with class action waiver (Section 20) is the primary litigation-risk provision requiring compliance team attention, particularly for enterprise procurement and B2B contracting contexts.