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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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You may give us your Identity Data, Contact Data, Financial Data, Profile Data, and other information by filling in forms or by corresponding with us by post, phone, e-mail or otherwise.
Automatically collected data may be linked to other Personal Data such as user name, email address and phone number.
We will only collect, use and disclose your personal data with your consent, unless otherwise permitted or required by law. Your consent may be given expressly or implied, depending on the circumstances and the sensitivity of the information involved.
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"If processing "personal data" or "personal information" as defined under applicable data protection laws, Cognition's Data Processing Addendum posted at cognition.ai/dpa shall apply.Excerpt from Windsurf's Terms of Service
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The clause states: “If processing "personal data" or "personal information" as defined under applicable data protection laws, Cognition's Data Processing Addendum posted at cognition.ai/dpa shall apply.”
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