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 exclusion eliminates recovery for the most significant categories of economic harm that typically result from service failures, limiting any claim to direct damages only.
Interpretive note: The excerpt ends with an ellipsis after item (B), indicating further excluded categories may exist. The canonical claim captures only what is explicitly quoted. The mutual application of the exclusion (both parties) is noted in omitted_material rather than foregrounded, as the primary proposition concerns the scope of excluded damages.
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 →You cannot recover from Windsurf for consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, or for increased costs, diminution in value, or lost business losses.
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TINDER ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, RECEIVES, AND/OR ACTS ON THROUGH OUR SERVICES, NOR DOES TINDER ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS...
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"in no event will either party be liable... for any: (A) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (B) increased costs, diminution in value or lost business...— Excerpt from Windsurf's Windsurf Terms of Service
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This exclusion eliminates recovery for the most significant categories of economic harm that typically result from service failures, limiting any claim to direct damages only.
You cannot recover from Windsurf for consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, or for increased costs, diminution in value, or lost business losses.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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