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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 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.
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Use our Services in relation to any political campaign financing or for the purpose of influencing any election, other than sharing your own personal political opinions;
Host Content on our servers for any purpose other than for your use of the Service.
use TikTok Content...another user's content or generative AI-enabled features for commercial purposes unless permitted by TikTok USDS Joint Venture or the user, respectively...
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"Your use of the Services is subject to Cognition's Acceptable Use Policy ("AUP"), available at cognition.ai/aup or such other URL as Cognition may designate.Excerpt from Windsurf's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The clause states: “Your use of the Services is subject to Cognition's Acceptable Use Policy ("AUP"), available at cognition.ai/aup or such other URL as Cognition may designate.”
ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.
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