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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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In the event that any information under our custody and control is compromised as a result of a breach of our security, we will take steps to investigate and remediate the situation and, in accordance with applicable laws and regulations, may notify...
Portions of your Profile may be visible to other users and the public, depending on the services you use and the choices you make regarding your anonymity.
YOU UNDERSTAND THAT FAIRE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES FAIRE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES.
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"In the event of a security breach, you will be responsible for notifying your employees and customers of such breach. You will convey information notices as required by applicable law...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: “In the event of a security breach, you will be responsible for notifying your employees and customers of such breach. You will convey information notices as required by applicable law...”
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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