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
The customer bears the financial and legal burden if a third party claims that Customer Data the customer provided infringes their rights.
Interpretive note: The excerpt ends with an ellipsis after item (i), indicating at least one additional indemnification trigger exists but is not quoted. The clause name references 'Misuse' as a separate ground, but no language establishing that ground is present in the excerpt.
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 are required to cover Windsurf's losses and, if Windsurf chooses, provide its defense if your Customer Data is alleged to infringe a third party's rights.
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Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
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"Customer shall indemnify, hold harmless, and, at Cognition's option, defend Cognition from and against any losses resulting from any Third-Party Claim (i) that the Customer Data... infringes...— Excerpt from Windsurf's Windsurf Terms of Service
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The customer bears the financial and legal burden if a third party claims that Customer Data the customer provided infringes their rights.
You are required to cover Windsurf's losses and, if Windsurf chooses, provide its defense if your Customer Data is alleged to infringe a third party's rights.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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