“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...”
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.
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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Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
Customer's failure to use any enhancements, modifications, or updates to the CS Service that have been provided by Contentsquare
Customer provides PlanetScale: (i) prompt written notice of the Infringement Claim to support@planetscale.com, (ii) exclusive control over the defense and settlement of the Infringement Claim
"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 Cognition Platform 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 224 platforms. See the full comparison.
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