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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For any dispute relating to this Agreement, the parties consent to personal jurisdiction and the exclusive venue of the courts in New York County, New York.
Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, USA...
the parties consent to exclusive jurisdiction and venue in the state and Federal courts located in San Francisco, California
"the parties agree that venue for any dispute shall lie exclusively in the State and Federal courts of New York.Excerpt from Windsurf's Terms of Service
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The clause states: “the parties agree that venue for any dispute shall lie exclusively in the State and Federal courts of New York.”
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