The agreement requires all disputes to be resolved through binding individual arbitration administered by the AAA ICDR under Expedited Commercial Rules, conducted in English in New York, New York. A class action waiver prohibits either party from bringing or participating in class, collective, or representative proceedings.
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 requires disputes to proceed through individual binding arbitration rather than court litigation, with the AAA ICDR as administrator and New York as the seat. The class action waiver means each claimant must proceed individually. The agreement specifies that each party bears its own legal fees and expert costs regardless of outcome.
Interpretive note: Enforceability of the class action waiver and mandatory arbitration clause varies by jurisdiction; EU consumer protection law and certain U.S. state laws may limit or void these provisions in specific contexts.
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 →Arbitration provision now requires 30-day good faith settlement attempt before binding arbitration and specifies AAA/ICDR as arbitrator, while removing explicit jury trial waiver language and class action waiver specificity.
View full change record →Under this clause, disputes arising from the agreement must be submitted to binding individual arbitration before the AAA ICDR in New York, and the agreement requires each party to bear its own attorneys' fees and expert costs. The class action waiver prohibits participation in any class or representative proceeding against Cognition.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"IN THE EVENT A DISPUTE, CONTROVERSY, OR CLAIM ARISES OUT OF OR RELATING TO THESE TERMS ("DISPUTE"), THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. The parties will first try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by binding arbitration by the American Arbitration Association's International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules"). ... YOU AND COGNITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.Excerpt from Windsurf's Terms of Service
(1) REGULATORY LANDSCAPE: Mandatory arbitration clauses in consumer-facing contracts engage FTC Act Section 5 unfair practices analysis, as well as state-level arbitration enforceability rules.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Search "[your state] attorney general consumer complaint" to find your state's direct complaint form
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
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This provision requires disputes to proceed through individual binding arbitration rather than court litigation, with the AAA ICDR as administrator and New York as the seat. The class action waiver means each claimant must proceed individually. The agreement specifies that each party bears its own legal fees and expert costs regardless of outcome.
Under this clause, disputes arising from the agreement must be submitted to binding individual arbitration before the AAA ICDR in New York, and the agreement requires each party to bear its own attorneys' fees and expert costs. The class action waiver prohibits participation in any class or representative proceeding against Cognition.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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