Provision record
Windsurf · Windsurf Terms of Service · View original document ↗

Each Party Bears Own Arbitration Legal Costs

Medium severity Explicitdocumentlanguage Common · 210 of 352 platforms
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Recent governance activity Windsurf recorded 6 documented changes in the last 30 days.
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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

Recent Activity

This document changed recently

Medium Jul 1, 2026

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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How other platforms handle this

Wise Medium

Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...

Chegg Medium

in the event that there are 100 or more individual Requests of a similar nature filed against Chegg by or with the assistance of the same law firm...within a 30 day period...the AAA (1) will administer the arbitration demands in batches of 100 Requests per batch...

Microsoft Copilot Medium

except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights

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▸ View Original Clause Language DOCUMENT RECORD
"
Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.

Excerpt from Windsurf's Terms of Service

Applicable regulations

FAA
United States Federal

Provision details

Document information
Document
Windsurf Terms of Service
Entity
Windsurf
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-047588
Document ID
CA-D-00487
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f6e8d9d0bd5f9547549794c5f7e89d7dbd456e727e5d9c631d8366f1a48c326f
Analysis generated
July 9, 2026 04:42 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Terms of Service
Record ID: CA-P-047588
Captured: 2026-07-09 04:42:52 UTC
SHA-256: f6e8d9d0bd5f9547…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/provision/CA-P-047588/each-party-bears-own-arbitration-legal-costs/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Windsurf's Each Party Bears Own Arbitration Legal Costs clause do?

The clause states: “Each party will bear its own lawyers' and experts' fees and expenses, regardless of the arbitrator's final decision regarding the Dispute.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.

Is ConductAtlas affiliated with Windsurf?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.