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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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the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List...
You are not listed on any U.S. Government list of prohibited or restricted parties.
You are not permitted to access the Services where this Agreement or use of the Services is prohibited or restricted, or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
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"you are not a military-intelligence end-user or engaged in military-intelligence end-use activities, as defined in Section 744.22(f) of the Export Administration Regulations (EAR)...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: “you are not a military-intelligence end-user or engaged in military-intelligence end-use activities, as defined in Section 744.22(f) of the Export Administration Regulations (EAR)...”
ConductAtlas has identified this type of provision across 182 platforms. See the full comparison.
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