“This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.”
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
Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.
If you use the Free Service Tier, you are not covered by Windsurf's Section 9.1 IP infringement indemnification.
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If Customer is receiving, or is given access to, Services pursuant to a free trial, notwithstanding anything to the contrary in this Agreement, during the term of such free trial...Perplexity's obligations in Section 9.2 shall not apply to Customer.
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This Section 6 states Indemnifying Party's sole liability to, and Indemnified Party's exclusive remedy against, the other party for any third-party claims.
"This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier.Excerpt from Windsurf's Terms of Service
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Free-tier customers have no indemnification protection from Windsurf for third-party IP infringement claims, meaning they bear that risk themselves.
If you use the Free Service Tier, you are not covered by Windsurf's Section 9.1 IP infringement indemnification.
ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.
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