“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...”
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.
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.
How other platforms handle this
OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
We may be unable to fulfill certain data requests for legitimate reasons, such as protecting trade secrets, intellectual property, or complying with legal obligations.
Credit Karma makes no guarantees to you on credit improvement or performance.
"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 Cognition Platform Terms of Service
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
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 281 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.