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
A total disclaimer of liability for Output consequences means the customer bears all risk from acting on or using anything the Services generate, regardless of whether the Output is inaccurate.
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 bear full responsibility for any consequences that result from your use of or reliance on Output; Windsurf accepts no liability for them.
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A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
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"Outputs may be inaccurate or inappropriate for your intended use cases, and Cognition disclaims all liability for any consequences arising from your use of, or reliance on, Output.— Excerpt from Windsurf's Windsurf Terms of Service
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A total disclaimer of liability for Output consequences means the customer bears all risk from acting on or using anything the Services generate, regardless of whether the Output is inaccurate.
You bear full responsibility for any consequences that result from your use of or reliance on Output; Windsurf accepts no liability for them.
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