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
Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.
Interpretive note: The ellipsis in the excerpt indicates the full indemnification clause is not quoted; additional conditions, exclusions, or obligations (such as indemnification for losses, not just defense) may be present but cannot be captured in the canonical claim.
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 →If a third party claims Windsurf's Services (used as directed) infringe their patents, copyrights, or trade secrets, Windsurf must defend you.
How other platforms handle this
Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 14 states the parties' sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 14.
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
In response to an actual or potential Infringement Claim, Atlassian may, at its option: (a) procure rights for Customer's continued use of the Products, (b) replace or modify the alleged infringing portion...or (c) terminate the affected Subscription Term...
"Cognition shall defend Customer against any third-party claim... that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets...Excerpt from Windsurf's Terms of Service
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Windsurf bears the defense obligation for qualifying IP infringement claims, shielding compliant customers from the cost and burden of such third-party litigation.
If a third party claims Windsurf's Services (used as directed) infringe their patents, copyrights, or trade secrets, Windsurf must defend you.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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