By accepting these terms, you agree to resolve any disputes with Windsurf through individual arbitration rather than in court, and you give up the right to participate in a class action lawsuit or jury trial.
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 arbitration, which eliminates the ability to join a class action or representative proceeding against Exafunction, potentially limiting practical legal recourse for low-value individual claims.
Interpretive note: Enforceability of mandatory arbitration and class action waivers varies by jurisdiction, and applicable consumer protection law in EU, California, and other jurisdictions may limit or override this provision.
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 →The agreement requires users to resolve disputes individually through binding arbitration, waiving jury trial and class action rights. Users with small individual claims may find individual arbitration economically impractical compared to participating in a class proceeding.
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...
"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.Excerpt from Windsurf's Terms of Service
(1) REGULATORY LANDSCAPE: Mandatory arbitration clauses and class action waivers in consumer contracts are subject to scrutiny under the FTC Act and have been challenged by the Consumer Financial Protection Bureau (CFPB) in financial services …
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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 arbitration, which eliminates the ability to join a class action or representative proceeding against Exafunction, potentially limiting practical legal recourse for low-value individual claims.
The agreement requires users to resolve disputes individually through binding arbitration, waiving jury trial and class action rights. Users with small individual claims may find individual arbitration economically impractical compared to participating in a class proceeding.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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