What can I do about this clause?

{'method': 'EMAIL', 'recipient': 'privacy@windsurf.com', 'difficulty': 'MODERATE', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Check Section 20 of the Terms for any arbitration opt-out provision. If an opt-out is available, send a written opt-out notice to privacy@windsurf.com within 30 days of account creation, stating your name, account email, and intent to opt out of arbitration.', 'deadline_days': 30, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority over unfair or deceptive practices under Section 5 of the FTC Act, including mandatory arbitration clauses that eliminate class action rights in consumer contracts.', 'complaint_url': 'https://reportfraud.ftc.gov/'}, {'agency': 'State_AG', 'reason': "State Attorneys General, particularly California's AG, have enforcement authority over consumer arbitration clauses that may violate state consumer protection laws including the McGill rule.", 'complaint_url': 'https://www.naag.org/find-my-ag/'}

What is the severity of this clause?

ConductAtlas classifies this Mandatory Binding Arbitration & Class Action Waiver clause as high severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Do other platforms have similar clauses?

Yes. ConductAtlas has identified similar Mandatory Binding Arbitration & Class Action Waiver clauses across approximately 8 other tracked platforms. You can compare how platforms differ on this clause type in the cross-platform comparison view.

Mandatory Binding Arbitration & Class Action Waiver — Windsurf

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What it is

If you have a dispute with Windsurf, you cannot sue them in court or join a class action lawsuit — you must resolve it through private arbitration on your own, one-on-one.

Consumer impact (what this means for users)

This provision eliminates class action rights, meaning consumers harmed by the same practice cannot pool resources to pursue Windsurf collectively — individual arbitration costs often exceed the value of any individual claim, effectively foreclosing legal recourse.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration
Within 30 days
Check Section 20 of the Terms for any arbitration opt-out provision. If an opt-out is available, send a written opt-out notice to privacy@windsurf.com within 30 days of account creation, stating your name, account email, and intent to opt out of arbitration.

Cross-platform context

See how other platforms handle Mandatory Binding Arbitration & Class Action Waiver and similar clauses.

Compare across platforms →

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Why it matters (compliance & risk perspective)

This clause removes your right to a jury trial and prevents you from joining with other users to pursue collective legal claims, which significantly weakens your practical ability to seek legal redress for small or widespread harms.

View original clause language

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision implicates the Federal Arbitration Act (9 U.S.C. §§ 1-16), which generally enforces arbitration agreements, and California's McGill Rule (McGill v. Citibank, N.A., 2 Cal.5th 945 (2017)), which may invalidate arbitration clauses that waive public injunctive relief. The FTC has identified mandatory arbitration with class action waivers as a potential unfair practice under FTC Act Section 5. The CFPB's 2017 arbitration rule (subsequently repealed by Congress) established regulatory precedent for scrutiny of such clauses in consumer financial contracts. (2)

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Applicable agencies

FTC

The FTC has authority over unfair or deceptive practices under Section 5 of the FTC Act, including mandatory arbitration clauses that eliminate class action rights in consumer contracts.
File a complaint →
State AG

State Attorneys General, particularly California's AG, have enforcement authority over consumer arbitration clauses that may violate state consumer protection laws including the McGill rule.
File a complaint →

Provision details

Document information

Document

Windsurf Terms of Service

Entity

Windsurf

Document last updated

April 29, 2026

Tracking information

First tracked

April 30, 2026

Last verified

April 30, 2026

Record ID

CA-P-004073

Document ID

CA-D-00487

Evidence Provenance

Source URL

https://codeium.com/terms-of-service-individual

Wayback Machine

View archived versions →

SHA-256

00ec2ae906a7a237f79cd586583ef2cf26f4725d380b3677eb3b6e7fd4d293ef

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Windsurf | Document: Windsurf Terms of Service | Record: CA-P-004073
Captured: 2026-04-30 05:54:22 UTC | SHA-256: 00ec2ae906a7a237…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/mandatory-binding-arbitration-class-action-waiver/
Accessed: May 2, 2026

Classification

Severity

High

Mandatory Binding Arbitration & Class Action Waiver