{"platform":"Windsurf (Codeium)","slug":"windsurf-codeium","category":"Developer / Coding","website":"https://windsurf.com","risk_rating":"high","verification":"fully_verified","corpus_status":"corpus_complete","canonical":"https://aipolicycompare.com/platform/windsurf-codeium","machine_url":"https://aipolicycompare.com/api/machine/platform/windsurf-codeium","findings_count":117,"findings":[{"surface":"prompt_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 9.1. User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (\"Post\") content to the Service, including folders, data, text, and any other works of authorship or other works (\"User Content\"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.\n 9.2. Use of User Content. By Posting User Content to or via the Service, you authorize us to use it to provide the Service and Suggestions to you.\n 9.3. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Exafunction disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%209.1.%20User%20Content,warrant%20to%20us%20that%3A","char_start":12937,"char_end":14050}},{"surface":"prompt_ownership","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.","caution":"While ownership is retained, the phrase 'subject to the licenses granted in these Terms' means the practical scope of user rights depends on the breadth of licenses granted elsewhere, which should be reviewed carefully.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20retain%20any%20copyright,granted%20in%20these%20Terms.","char_start":13208,"char_end":13377}},{"surface":"prompt_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Exafunction and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Exafunction, the Service, and these Terms;","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20(a)%20you%20are,Service%2C%20and%20these%20Terms%3B","char_start":14051,"char_end":14405}},{"surface":"output_ownership","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 7. Ownership; Proprietary Rights. The Service is owned and operated by Exafunction. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Exafunction (\"Materials\") are protected by intellectual property and other laws. All Materials included in the Service are the property of Exafunction or its third-party licensors. Except as expressly authorized by Exafunction, you may not make use of the Materials. There are no implied licenses in these Terms and Exafunction reserves all rights to the Materials not granted expressly in these Terms.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%207.%20Ownership%3B%20Proprietary,expressly%20in%20these%20Terms.","char_start":10586,"char_end":11280}},{"surface":"output_ownership","risk":"ambiguous","confidence":"low","tier":"All","verified":true,"quote":"The Service is owned and operated by Exafunction. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Exafunction (\"Materials\") are protected by intellectual property and other laws. All Materials included in the Service are the property of Exafunction or its third-party licensors.","caution":"The Terms do not explicitly address who owns AI-generated outputs (Suggestions). 'Materials' is defined as elements 'provided by Exafunction,' which could be construed to include Suggestions, potentially creating ownership ambiguity over generated code.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=The%20Service%20is%20owned,or%20its%20third-party%20licensors.","char_start":10621,"char_end":11058}},{"surface":"training_use","risk":"high","confidence":"medium","tier":"All","verified":true,"quote":"If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (\"Feedback\"), then you hereby grant Exafunction an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.","caution":"The Feedback license is extremely broad — unrestricted, perpetual, irrevocable — and explicitly covers use 'for any purpose including to improve the Service and create other products and services.' This effectively permits model training on feedback content with no compensation or attribution.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=If%20you%20choose%20to,other%20products%20and%20services.","char_start":10058,"char_end":10490}},{"surface":"training_use","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"To customize your experience with our Services and otherwise improve our Services including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services.","caution":"Platform reserves the right to use User Content (inputs, outputs, uploads) for model training by default, with opt-out conditioned on 'the terms that apply to your use' — creating tier-dependent ambiguity.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=To%20customize%20your%20experience,that%20power%20our%20Services.","char_start":5490,"char_end":5732}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"To opt out of having your Chat User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, you will not have access to Chat Services. \"Chat User Content\" mean User Content provided to the Service in the operation of the Cascade or Chat features.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=To%20opt%20out%20of,Cascade%20or%20Chat%20features.","char_start":18980,"char_end":19333}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 11. Usage and User Content. Exafunction may collect, generate, and derive Usage Data for Exafunction's lawful business purposes, including to: (1) monitor, operate, improve, and support the Service and its performance, security, and stability; (2) create analytics, benchmarking, and performance data and reports; and (3) develop new products and services. You will not interfere with the collection of Usage Data. Exafunction owns all right, title, and interest, including all intellectual property rights in and to, the Usage Data, the know-how and analytical results generated in the processing and use of Usage Data, and any and all new products, services, and developments, modifications, customizations, or improvements to the Service made based on the Usage Data. Exafunction will not disclose Usage Data externally, including in benchmarks or reports, unless such Usage Data has been (a) de-identified so that it does not individually identify you or any other person and (b) aggregated with usage data from other users of the Platform. \"Usage Data\" means any performance, analytical, or usage data or information relating to access to or use of the Service that is generated or otherwise collected by the Service but excluding User Content. For Pro Users, you may elect to place limits on the use of User Content such that User Content (i) is transmitted only to generate code, outputs, or other functions generated in response to input User Content (\"Suggestions\") in real-time and are deleted once Suggestions are generated; (ii) is not used for any other purpose, including the training of language models; and (iii) is encrypted during transit and is not stored at rest. These limits control over the usage rights referenced in Section 10 above. Notwithstanding the foregoing, if","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2011.%20Usage%20and,Notwithstanding%20the%20foregoing%2C%20if","char_start":19334,"char_end":21132}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Additionally, our support team may review input and refine responses to improve the quality and relevance of the information provided.\n 21.9. Force Majeure. Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, pandemic or threat thereof, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster (\"Force Majeure Events\"). Exafunction may terminate the use of the Service immediately with notice if it reasonably believes or determines that the provision of the Service to you is prohibited by applicable law.\n 21.10. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.\n 21.11. Export. You acknowledge and understand that the Service and Suggestions are subject to U.S. export control and sanctions laws and regulations, including but not limited to the U.S. Department of Commerce's Export Administration Regulations and trade and economic sanctions maintained by the Office of Foreign Assets Control (\"OFAC\") at the U.S. Department of the Treasury, and may be subject to foreign export and import Laws (collectively, \"Trade Controls\"). ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Additionally%2C%20our%20support%20team,(collectively%2C%20%22Trade%20Controls%22).%20","char_start":50664,"char_end":52167}},{"surface":"training_use","risk":"low","confidence":"medium","tier":"All","verified":true,"quote":"By Posting User Content to or via the Service, you authorize us to use it to provide the Service and Suggestions to you.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=By%20Posting%20User%20Content,and%20Suggestions%20to%20you.","char_start":13405,"char_end":13525}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 10.1. Use of Autocomplete User Content to Improve Services. We may use your Autocomplete User Content to improve our discriminative machine learning models, which are models that rank or assign scores to code generations in order to understand the boundaries between different sets of code. We will never use your Autocomplete User Content to improve generative machine learning models, which are models that are able to generate code directly based on studying existing code generations, for Autocomplete or other services. Any Autocomplete User Content used for training our discriminative machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Autocomplete User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models. \"Autocomplete User Content\" mean User Content provided to the Service in the operation of the Autocomplete feature.\n 10.2. Use of Chat User Content to Improve Services. We may use your Chat User Content to improve the generative and discriminative machine learning models we use. Any Chat User Content used for training our machine learning models is anonymized, such that any personally identifiable information is removed. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2010.1.%20Use%20of,information%20is%20removed.%20","char_start":17415,"char_end":18980}},{"surface":"training_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 10. Use of User Content to Improve Services. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2010.%20Use%20of,to%20Improve%20Services.%20","char_start":17368,"char_end":17414}},{"surface":"commercial_use","risk":"high","confidence":"medium","tier":"All","verified":true,"quote":"Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Pro Users), Exafunction grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.","caution":"License is restricted to 'personal use only.' Commercial use of the Service or its outputs (e.g., using Suggestions in commercial software products) may not be authorized under these Terms for Individual/Pro users.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Subject%20to%20your%20complete,and%20use%20the%20Service.","char_start":9060,"char_end":9489}},{"surface":"commercial_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 6.1. Limited License. Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Pro Users), Exafunction grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.\n 6.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.\n 6.3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (\"Feedback\"), then you hereby grant Exafunction an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%206.1.%20Limited%20License.,you%20provide%20to%20us.","char_start":9037,"char_end":10585}},{"surface":"privacy_data_use","risk":"low","confidence":"high","tier":"All","verified":true,"quote":"We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=We%20collect%20and%20use,meet%20our%20legal%20obligations.","char_start":882,"char_end":1067}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Personal information does not include information that has been de-identified, anonymized or aggregated. When data is de-identified or anonymized, we maintain it in that form and do not attempt to re-identify the information.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20Personal%20information%20does,to%20re-identify%20the%20information.","char_start":2372,"char_end":2598}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We use your personal information to deliver, personalize, operate, improve, create, and develop our Services, to provide you with a secure, smooth, efficient and customized experience as you use our Services, and for legal compliance, and loss prevention. We only use your account password to create and maintain your account and to provide you with the Services. Learn more about how we use your personal information and our legal basis for each such use case below.\n Why and how we use your information Information categories used Legal basis of processing (where applicable) \n To create and maintain your account Basic Information and Account Information Necessary to perform our contract with you \n To provide you with Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you \n To provide customer support Basic Information, Account Information, Communications, Services usage data (including location information), App, browser, and device information We rely on our legitimate interests or those of third parties (like other users and in some cases, the general public) where they are not outweighed by your rights and freedoms. In the EEA and UK, you have the right to object to, and seek restrictions of this processing (“Legitimate Interests”) — specifically, our interest in being responsive to your requests and ensuring you have the best use of the Services \n To send Service communications Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you. ","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20We%20use%20your,contract%20with%20you.%20","char_start":2639,"char_end":4392}},{"surface":"privacy_data_use","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" Depending on where you live, you may be able to exercise certain privacy rights related to your personal information. If any of the rights listed below are not provided for under law for your jurisdiction, we have absolute discretion in providing these rights.\n Right to access/know and portability : You may have the right to request that we provide you a copy of your personal information held by us, or for details relating to the ways in which we use and disclose your personal information, and how we have used or disclosed your personal information in the past. You may also have the right to request that we provide certain personal information in a structured, commonly used, machine-readable format and make this available to you or a designated third party.\n Right to deletion/erasure : You may have the right to request to erase your personal information. If you end your Services, we will retain or delete information associated with your account as described in Section 5.\n Right to rectification/correction : You may have the right to request us to rectify or update any of your personal information that is incomplete or inaccurate.\n Right to object or restrict processing : You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest or for direct marketing. We may continue to process your personal information where permitted or required by applicable law.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20Depending%20on%20where,by%20applicable%20law.%20","char_start":13263,"char_end":14736}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Right to withdraw your consent : To the extent processing of your personal information is based on your consent, you may withdraw your consent at any time. The lawfulness of our processing before you withdraw your consent will not be affected by such withdrawal.\n Right to Appeal : If we deny your request, you may have the right to appeal our decision regarding your privacy request.\n Right to lodge a complaint : You have the right to lodge a complaint with your local data protection authority.\n You may submit a request to exercise these rights by contacting us at privacy@cognition.ai . We will not discriminate against you for exercising any of your rights provided to you under law. To protect your privacy and security, we may take steps to verify your identity before complying with your request, including to ask for further information, and we may decline your request if we are unable to verify your identity.\n Under certain US data privacy laws, you may also designate an authorized agent to make these requests on your behalf. Before accepting a request from an agent, we will require that the agent provide proof that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.\n The above rights are not absolute, and may only apply or be denied in certain circumstances. ","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20Right%20to%20withdraw,in%20certain%20circumstances.%20","char_start":14736,"char_end":16074}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well. We post any changes we make to our Privacy Policy on this page and, where appropriate, we will provide you with reasonable notice of any material changes or as otherwise required by law. The date the Privacy Policy was last updated is identified at the top of this page.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20We%20are%20constantly,top%20of%20this%20page.","char_start":16299,"char_end":16692}},{"surface":"privacy_data_use","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well. We post any changes we make to our Privacy Policy on this page and, where appropriate, we will provide you with reasonable notice of any material changes or as otherwise required by law.","caution":"The platform reserves the right to modify the Privacy Policy at any time. Notice is conditional ('where appropriate') and no explicit consent or opt-out mechanism is described for material changes that may affect data use.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=We%20are%20constantly%20trying,otherwise%20required%20by%20law.","char_start":16300,"char_end":16608}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Legitimate Interests — specifically, our interest in ensuring you have the best use of the Services \n To promote safety, security, and integrity of our Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Legitimate Interests — specifically, our interest in ensuring and maintain the effective operations and delivery of the Services \n To comply with legal and regulatory obligations. We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us To comply with our legal obligations. Legitimate Interests — specifically, our interest in complying with legal obligations, requests and our corporate responsibilities where we operate \n To customize your experience with our Services and otherwise improve our Services including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services. Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, and User Content Legitimate Interests — specifically, it is in our interest to understand how you interact with the Services in order to customize and/or improve our products and Services, and the models that power our Services, and enable accurate and reliable reporting \n Where not otherwise required by law, and depending on the","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Legitimate%20Interests%20%E2%80%94%20specifically%2C,and%20depending%20on%20the","char_start":4392,"char_end":6179}},{"surface":"privacy_data_use","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"To comply with legal and regulatory obligations. We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities","caution":"Platform can access, read, preserve, and disclose user information including User Content upon its own belief of necessity — not requiring a formal court order in all cases.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=To%20comply%20with%20legal,disclosure%20to%20tax%20authorities","char_start":4839,"char_end":5146}},{"surface":"privacy_data_use","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" The Services are not intended for children, and we do not knowingly request or collect any personal information from children. As set out in our Terms, users must be at least 18 years old in order to access the Services.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20The%20Services%20are,to%20access%20the%20Services.","char_start":12222,"char_end":12443}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" This Privacy Policy explains how Cognition AI, Inc (“ we ”, “ our ” or “ us ”) collect, use, disclose, and safeguard your information when you use visit our website (www.cognition.ai), our software-as-a-service offerings that we make available to individuals and enterprise customers (e.g., Devin and Windsurf), along with any associated software, apps and websites (collectively, the “ Services ”).\n It is important that you understand how we use your information. You should read this page in full, but below are key highlights and some helpful links:\n Our goal is to simplify your experience. If you do not wish for your personal information to be collected, used, or disclosed as described in this Privacy Policy, or you are under 18 years of age, you should stop accessing our Services.\n We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations. To learn more, explore Section 1. Information We Collect and Section 2. How We Use Your Information .\n We share your information with trusted third parties and service providers in order to offer our Services, fulfill legal requirements and for the purposes set out more fully below.\n If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20This%20Privacy%20Policy,us%20at%20privacy%40cognition.ai%20.","char_start":88,"char_end":1460}},{"surface":"privacy_data_use","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"Right to object or restrict processing : You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest or for direct marketing. We may continue to process your personal information where permitted or required by applicable law.","caution":"Even where a user exercises the right to object or restrict processing, the platform reserves the right to continue processing under 'legitimate interests' or other legal bases, potentially nullifying the user's objection.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Right%20to%20object%20or,required%20by%20applicable%20law.","char_start":14413,"char_end":14735}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Contact Information First name, last name, email address, phone number, and company name (if any). \n User Content Any personal information collected when you use our Services, including personal information that may be provided in the input, file uploads, feedback or output. \n Additional information and communications you submit to us Any communications that we exchange, including communications with interfaces such as our chatbots, survey responses, or feedback. \n Account Information Email address, password, GitHub/GitLab or other git provider username. \n Voice input If you use voice features, we process the audio to generate transcriptions or commands. Audio is deleted after transcription unless otherwise stated. ","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20Contact%20Information%20First,unless%20otherwise%20stated.%20","char_start":1643,"char_end":2369}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" If you have any questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us at privacy@cognition.ai .","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20If%20you%20have,us%20at%20privacy%40cognition.ai%20.","char_start":16117,"char_end":16258}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We implement commercially reasonable technical, administrative, and organizational measures intended to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20We%20implement%20commercially,at%20your%20own%20risk.","char_start":11008,"char_end":11407}},{"surface":"privacy_data_use","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"Depending on where you live, you may be able to exercise certain privacy rights related to your personal information. If any of the rights listed below are not provided for under law for your jurisdiction, we have absolute discretion in providing these rights.","caution":"For users outside jurisdictions with statutory privacy rights, the platform claims 'absolute discretion' over whether to honor privacy rights requests — effectively making such rights optional.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Depending%20on%20where%20you,in%20providing%20these%20rights.","char_start":13264,"char_end":13524}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We collect, and in the past 12 months have collected, the following personal information about you:","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20We%20collect%2C%20and,personal%20information%20about%20you%3A","char_start":1498,"char_end":1598}},{"surface":"privacy_data_use","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"User Content Any personal information collected when you use our Services, including personal information that may be provided in the input, file uploads, feedback or output.","caution":"User Content explicitly includes inputs, file uploads, and outputs — all of which may be used for service improvement and model training per Section 2.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=User%20Content%20Any%20personal,uploads%2C%20feedback%20or%20output.","char_start":1745,"char_end":1919}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at privacy@windsurf.com.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%203.%20Accounts%20and,notify%20us%20at%20privacy%40windsurf.com.","char_start":2605,"char_end":3384}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 12. Communications; Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2012.%20Communications%3B%20Email.,the%20promotional%20email%20itself.","char_start":21508,"char_end":21744}},{"surface":"privacy_data_use","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Thank you for choosing to be part of our community at Exafunction, Inc. (\" Company ,\" \" we ,\" \" us ,\" or \" our \"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at privacy@windsurf.com .\n PLEASE READ THE FOLLOWING TERMS CAREFULLY: \n BY CLICKING \"I ACCEPT,\" OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EXAFUNCTION'S PRIVACY POLICY (TOGETHER, THESE \" TERMS \"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND EXAFUNCTION'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY EXAFUNCTION AND BY YOU TO BE BOUND BY THESE TERMS.\n ARBITRATION NOTICE . Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20Thank%20you%20for,ACTION%20OR%20REPRESENTATIVE%20PROCEEDING.","char_start":254,"char_end":1616}},{"surface":"moderation_enforcement","risk":"high","confidence":"medium","tier":"All","verified":true,"quote":"If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Exafunction may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.","caution":"Exafunction can terminate without notice, for any reason or no reason, and explicitly disclaims any liability to the user for doing so. This is a very broad termination right.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=If%20you%20violate%20any,arising%20from%20such%20termination.","char_start":31606,"char_end":32026}},{"surface":"moderation_enforcement","risk":"high","confidence":"medium","tier":"All","verified":true,"quote":"Exafunction reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Exafunction will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.","caution":"Exafunction can modify or discontinue even paid features at any time without notice and without any liability. This is particularly risky for enterprise or API users who have built workflows on specific service capabilities.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Exafunction%20reserves%20the%20right,use%20of%20the%20Service.","char_start":33257,"char_end":33678}},{"surface":"moderation_enforcement","risk":"medium","confidence":"low","tier":"All","verified":true,"quote":"To promote safety, security, and integrity of our Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Legitimate Interests — specifically, our interest in ensuring and maintain the effective operations and delivery of the Services","caution":"Platform can monitor broad categories of user data including communications and usage data under safety/integrity purposes with no described limits on scope or method.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=To%20promote%20safety%2C%20security%2C,delivery%20of%20the%20Services","char_start":4494,"char_end":4836}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Exafunction to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20(b)%20your%20User,any%20third%20parties%3B%20and","char_start":14406,"char_end":15128}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20(c)%20your%20User,hateful%2C%20or%20otherwise%20inappropriate.","char_start":15129,"char_end":15323}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 9.4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Exafunction may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Exafunction with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Exafunction does not permit infringing activities on the Service.\n 9.5. Monitoring Content. Exafunction does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Exafunction reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%209.4.%20User%20Content,through%20the%20Service.%20","char_start":15324,"char_end":16827}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" use the Service for any illegal purpose or in violation of any local, state, national, or international law;\n harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;\n violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;\n access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Exafunction;\n interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;\n interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;\n perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;\n sell or otherwise transfer the access granted under these Terms or any Materials (as defined in","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20use%20the%20Service,Materials%20(as%20defined%20in","char_start":21810,"char_end":23609}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 14.1. Respect of Third Party Rights. Exafunction respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.\n 14.2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address: Exafunction, Inc. Attn: Legal Department (IP Notification) 900 Villa Street Mountain View, CA 94041 Email: dmca@exafunction.com\n 14.3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written \"Notification of Claimed Infringement\" to the Designated Agent identified above containing the following information:\n an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;\n a description of the copyrighted work or other intellectual property right that you claim has been infringed;\n a description of the material that you claim is infringing and where it is located on the Service;\n your address, telephone number, and email address;\n a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and\n a statement by you that the above","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2014.1.%20Respect%20of,you%20that%20the%20above","char_start":23886,"char_end":25686}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Your Notification of Claimed Infringement may be shared by Exafunction with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Exafunction making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.\n 14.4. Repeat Infringers. Exafunction's policy is to: (a) remove or disable access to material that Exafunction believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Exafunction will terminate the accounts of users that are determined by Exafunction to be repeat infringers. Exafunction reserves the right, however, to suspend or terminate accounts of users in our sole discretion.\n 14.5. Counter Notification. If you receive a notification from Exafunction that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Exafunction with what is called a \"Counter Notification.\" To be effective, a Counter Notification must be in writing, provided to Exafunction's Designated Agent through one of the methods identified in Section 14.2, and include substantially the following information:\n your physical or electronic signature;\n identification of the material","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20Your%20Notification%20of,identification%20of%20the%20material","char_start":25911,"char_end":27709}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.\" Exafunction reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20relying%20upon%20such,violation%20of%20the%20law.","char_start":30307,"char_end":30666}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.\n 16.4. Modification of the Service. Exafunction reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Exafunction will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=If%20your%20account%20has,Posted%20to%20the%20Service.","char_start":33011,"char_end":33896}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"You agree to comply with all applicable Trade Controls in using any Service and Suggestions. Specifically, you represent and warrant that you will not export, re-export, or transfer (in-country) to or otherwise allow the use of the Service, Suggestions, or items incorporating Suggestions by or for: (1) persons or entities listed on, or owned or controlled by, a U.S. restricted party list including but not limited to the Entity List, Denied Persons List, Unverified List, List of Specially Designated Nationals, or comparable lists of restricted persons published by the U.S. government or the government of another applicable foreign jurisdiction, (2) persons or entities who are, or are or owned or controlled by persons or entities, located in or governments of sanctioned countries or territories (which currently include Belarus, Cuba, Iran, North Korea, Russia, Syria, Venezuela, and the Crimea, LNR, and DNR regions of Ukraine), or (3) any prohibited end use including but not limited to (i) military end uses, (ii) rocket systems or unmanned aerial vehicles, (iii) nuclear end-uses, (iv) chemical, biological, or nuclear weapons end-uses, (v) advanced computing, and (vi) supercomputing. You agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any Service, Suggestions, and/or products derived from, based on, or that incorporate Suggestions, to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20agree%20to%20comply,laws%20and%20regulations.%20","char_start":52167,"char_end":53824}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"If at any time Exafunction chooses to monitor the content, then Exafunction still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Exafunction may block or filter any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=If%20at%20any%20time,users%20of%20the%20Service.","char_start":16827,"char_end":17367}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.\n 14.6. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Exafunction in response to a Notification of Claimed Infringement, then Exafunction will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Exafunction will replace the removed User Content or cease disabling access to it in 10 business days, and Exafunction will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Exafunction's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Exafunction's system or network.\n 14.7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: \"[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Exafunction]","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20A%20party%20submitting,the%20result%20of%20%5BExafunction%5D","char_start":28513,"char_end":30307}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Section 7) or any right or ability to view, access, or use any Materials; or\n attempt to do any of the acts described in this Section 13 or assist or permit any person in engaging in any of the acts described in this Section 13.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20Section%207)%20or,in%20this%20Section%2013.","char_start":23609,"char_end":23838}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 13. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2013.%20Prohibited%20Conduct.,YOU%20AGREE%20NOT%20TO%3A","char_start":21745,"char_end":21809}},{"surface":"moderation_enforcement","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"Exafunction may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid.","caution":"Platform retains unilateral right to suspend or terminate paid accounts for non-payment without specifying notice requirements or cure periods.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Exafunction%20may%20suspend%20or,is%20due%20but%20unpaid.","char_start":8428,"char_end":8588}},{"surface":"moderation_enforcement","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20information%20in%20your,property%20owner%26%23x27%3Bs%20behalf.%20","char_start":25686,"char_end":25911}},{"surface":"data_retention","risk":"high","confidence":"high","tier":"Paid","verified":true,"quote":"If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Exafunction reserves the right to delete your account and any information associated with your account without any liability to you.","caution":"Exafunction may permanently delete all user account data if a payment method lapses, without prior notice and with no liability. Users could lose all stored data with no recourse.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=If%20your%20payment%20method,any%20liability%20to%20you.","char_start":8795,"char_end":9021}},{"surface":"data_retention","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.","caution":"Even during active use, service modifications may cause loss of access to user content without liability to Exafunction. No retention guarantee is offered.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20should%20retain%20copies,Posted%20to%20the%20Service.","char_start":33679,"char_end":33896}},{"surface":"data_retention","risk":"low","confidence":"medium","tier":"All","verified":true,"quote":"Voice input If you use voice features, we process the audio to generate transcriptions or commands. Audio is deleted after transcription unless otherwise stated.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Voice%20input%20If%20you,transcription%20unless%20otherwise%20stated.","char_start":2207,"char_end":2368}},{"surface":"data_retention","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"In line with these considerations, we delete information that is no longer needed for the above purposes or when you request deletion of your information.","caution":"Deletion upon request is qualified by 'no longer needed for the above purposes' — meaning deletion requests may be denied if data is still considered useful for any stated purpose.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=In%20line%20with%20these,deletion%20of%20your%20information.","char_start":12018,"char_end":12172}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We retain your personal information as needed to provide our Service to you, comply with legal obligations, or protect ours or others interests. How long we retain personal information includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security, and integrity of our Services or users.\n In line with these considerations, we delete information that is no longer needed for the above purposes or when you request deletion of your information.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20We%20retain%20your,deletion%20of%20your%20information.","char_start":11430,"char_end":12172}},{"surface":"data_retention","risk":"ambiguous","confidence":"low","tier":"All","verified":true,"quote":"Right to deletion/erasure : You may have the right to request to erase your personal information. If you end your Services, we will retain or delete information associated with your account as described in Section 5.","caution":"The actual retention and deletion rules are defined in Section 5, which is not reproduced here. Users cannot assess from this clause alone how long data is kept or under what conditions deletion is guaranteed.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Right%20to%20deletion%2Ferasure%20%3A,described%20in%20Section%205.","char_start":14033,"char_end":14249}},{"surface":"data_retention","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"We retain your personal information as needed to provide our Service to you, comply with legal obligations, or protect ours or others interests. How long we retain personal information includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security, and integrity of our Services or users.","caution":"No specific retention periods are defined. Data is retained for broadly stated purposes including 'protect ours or others interests' — which is a vague and expansive category.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=We%20retain%20your%20personal,our%20Services%20or%20users.","char_start":11431,"char_end":12016}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" you elect to use a model labeled \"(no ZDR)\", we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or conversation history (e.g., Memories, Rules, or similar features), you acknowledge that the associated User Content will be stored as necessary to provide those features.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20you%20elect%20to,to%20provide%20those%20features.","char_start":21132,"char_end":21507}},{"surface":"data_retention","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service.","caution":"The platform places the full burden of data retention on the user and does not commit to preserving or returning user content after account termination.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20are%20solely%20responsible,Posted%20to%20the%20Service.","char_start":32805,"char_end":33010}},{"surface":"data_retention","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 5.4. Delinquent Accounts. Exafunction may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Exafunction reserves the right to delete your account and any information associated with your account without any liability to you.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%205.4.%20Delinquent%20Accounts.,any%20liability%20to%20you.","char_start":8401,"char_end":9021}},{"surface":"tier_differences","risk":"ambiguous","confidence":"low","tier":"All","verified":true,"quote":"including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services.","caution":"Training-use rules may differ by tier/contract but the policy does not specify which tiers are exempt from training use, leaving users uncertain of their status.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=including%2C%20depending%20on%20the,that%20power%20our%20Services.","char_start":5572,"char_end":5732}},{"surface":"tier_differences","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 5. General Payment Terms. We offer a paid version of this Individual license, which includes enhanced features. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. In some cases, you may pre-authorize incremental purchases based on usage. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 5 are subject to any pricing and payment terms set forth in an Order Form.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%205.%20General%20Payment,in%20an%20Order%20Form.","char_start":4814,"char_end":5371}},{"surface":"tier_differences","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Interested in Teams? Check out the Teams Terms of Service .","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20Interested%20in%20Teams%3F,Terms%20of%20Service%20.","char_start":125,"char_end":185}},{"surface":"tier_differences","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 5.1. Price. Exafunction reserves the right to determine pricing for the Service. Exafunction will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Exafunction may change the fees for any feature of the Service, including additional fees or charges, if Exafunction gives you advance notice of changes before they apply. Exafunction, at its sole discretion, may make promotional offers with different features and different pricing to any of Exafunction's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.\n 5.2. Authorization. You authorize Exafunction to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Exafunction, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Exafunction may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.\n 5.3. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (\"Subscription Service\"). The \"Subscription Billing Date\" is the date when you purchase your first subscription to the Service. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%205.1.%20Price.%20Exafunction,to%20the%20Service.%20","char_start":5372,"char_end":6851}},{"surface":"tier_differences","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Pro Users), Exafunction grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.","caution":"License is conditioned on fee payment for Pro users, is revocable, and restricted to personal use only. Commercial use on any tier is not expressly authorized under this license grant.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Subject%20to%20your%20complete,and%20use%20the%20Service.","char_start":9060,"char_end":9489}},{"surface":"tier_differences","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the \"Initial Subscription Period\"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a \"Subscription Period\") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Exafunction or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the \"Subscription Fee\", please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Exafunction or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=The%20Subscription%20Service%20will,NEXT%20SUBSCRIPTION%20PERIOD.%20","char_start":6851,"char_end":8401}},{"surface":"indemnity_liability","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"Notwithstanding anything to the contrary in these Terms, in no event will Exafunction be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof.","caution":"Complete liability exclusion for Beta Services, including to third parties. Users bear all risk for damages arising from Beta features with no recourse against Exafunction.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Notwithstanding%20anything%20to%20the,suspension%2C%20or%20termination%20thereof.","char_start":3748,"char_end":4017}},{"surface":"indemnity_liability","risk":"high","confidence":"medium","tier":"All","verified":true,"quote":"To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Exafunction, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the \"Exafunction Entities\") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.","caution":"Very broad indemnification obligation: user must defend and indemnify Exafunction and a wide range of affiliated persons for essentially any third-party claim connected with use, including any regulatory violation or third-party dispute. Exafunction can also take control of the defense while keeping the user's indemnity obligation intact.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=To%20the%20fullest%20extent,defense%20of%20those%20claims.","char_start":33913,"char_end":35124}},{"surface":"indemnity_liability","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.","caution":"Full exclusion of indirect, consequential, and punitive damages regardless of cause of action or prior notice of the possibility of such damages. Users cannot recover lost profits or business losses.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=TO%20THE%20FULLEST%20EXTENT,THE%20POSSIBILITY%20OF%20DAMAGE.","char_start":37038,"char_end":37652}},{"surface":"indemnity_liability","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"You may elect to post content to hosting providers with which we have formed relationships. In doing so, you represent that this content does not violate the intellectual property rights of others, and agree to indemnify us for any third party claims that may result from a violation of this representation.","caution":"User must indemnify Exafunction against third-party IP claims arising from content posted via Windsurf Deploys. Scope of indemnity is broad and triggered by user's own representation about IP rights.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20may%20elect%20to,violation%20of%20this%20representation.","char_start":53878,"char_end":54185}},{"surface":"indemnity_liability","risk":"medium","confidence":"low","tier":"All","verified":true,"quote":"However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.","caution":"Users are required to acknowledge and accept that data security is at their own risk, which may limit platform liability in the event of a data breach.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=However%2C%20these%20measures%20are,at%20your%20own%20risk.","char_start":11250,"char_end":11407}},{"surface":"indemnity_liability","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" 18. Disclaimers; No Warranties by Exafunction. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2018.%20Disclaimers%3B%20No%20Warranties%20by%20Exafunction.%20","char_start":35125,"char_end":35173}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 18.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED \"AS IS\" AND ON AN \"AS AVAILABLE\" BASIS. EXAFUNCTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXAFUNCTION DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EXAFUNCTION DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.\n 18.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR EXAFUNCTION ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL CREATE ANY WARRANTY REGARDING ANY OF THE EXAFUNCTION ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2018.1.%20THE%20SERVICE,INCLUDING%20USER%20CONTENT.%20","char_start":35174,"char_end":36756}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 18.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 18 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Exafunction does not disclaim any warranty or other right that Exafunction is prohibited from disclaiming under applicable law.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2018.3.%20THE%20LIMITATIONS%2C,disclaiming%20under%20applicable%20law.","char_start":36756,"char_end":36999}},{"surface":"indemnity_liability","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" 19. Limitation of Liability. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2019.%20Limitation%20of%20Liability.%20","char_start":37000,"char_end":37030}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 17. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Exafunction, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the \"Exafunction Entities\") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2017.%20Indemnity.%20To,defense%20of%20those%20claims.","char_start":33897,"char_end":35124}},{"surface":"indemnity_liability","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED \"AS IS\" AND ON AN \"AS AVAILABLE\" BASIS. EXAFUNCTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXAFUNCTION DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EXAFUNCTION DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.","caution":"Total disclaimer of all warranties, including non-infringement and security. Users have no warranty protection for the AI-generated suggestions or the platform's security posture.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=THE%20SERVICE%20AND%20ALL,ISSUES%20WILL%20BE%20CORRECTED.","char_start":35181,"char_end":36021}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 4. Beta or Trial Versions. Exafunction may from time to time offer trial or beta models or versions or features of the Service (each, a \"Beta Service\"). Exafunction will determine, at its sole discretion, the availability, duration (the \"Trial Period\"), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED \"AS IS\" WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will Exafunction be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If you qualify for a Beta Service and voluntarily agree to use a Beta Service, you agree to provide Exafunction Feedback (defined below) and respond to Exafunction's questions or other inquiries regarding your use of the Beta Service, if requested. Exafunction has sole discretion in deciding whether or not to continue offering any Beta Service and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 4, these Terms govern your use of the Beta Service as part of the Service.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%204.%20Beta%20or,part%20of%20the%20Service.","char_start":3385,"char_end":4813}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 21.12. Windsurf Deploys and Copyright Infringements. You may elect to post content to hosting providers with which we have formed relationships. In doing so, you represent that this content does not violate the intellectual property rights of others, and agree to indemnify us for any third party claims that may result from a violation of this representation. You also agree to the processes and procedures referenced at windsurf.com/dmca, with respect to the content that you post. If you are a visitor to our website and believe that any content we have posted on behalf or our users violates your intellectual property rights, please follow the process set forth at windsurf.com/dmca.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2021.12.%20Windsurf%20Deploys,set%20forth%20at%20windsurf.com%2Fdmca.","char_start":53824,"char_end":54513}},{"surface":"indemnity_liability","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 19.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.\n 19.2. EXCEPT AS PROVIDED IN SECTIONS 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.\n 19.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2019.1.%20TO%20THE,OF%20ITS%20ESSENTIAL%20PURPOSE.","char_start":37031,"char_end":38693}},{"surface":"indemnity_liability","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"EXCEPT AS PROVIDED IN SECTIONS 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.","caution":"Aggregate liability is capped at 12 months of payments or $100, whichever is greater. For enterprise or high-volume users this may be very low relative to potential damages. The $100 floor is effectively nominal for most business users.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=EXCEPT%20AS%20PROVIDED%20IN,CLAIM%20AND%20(b)%20US%24100.","char_start":37660,"char_end":38191}},{"surface":"subprocessors_data_sharing","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"Exafunction may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Exafunction to transfer that information to the applicable third-party service. Third-party services are not under Exafunction's control, and, to the fullest extent permitted by law, Exafunction is not responsible for any third-party service's use of your exported information.","caution":"Once data is exported to third-party services, Exafunction disclaims all responsibility for how that data is used. Users should review third-party terms before using export tools.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Exafunction%20may%20provide%20tools,of%20your%20exported%20information.","char_start":11353,"char_end":11828}},{"surface":"subprocessors_data_sharing","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"By enabling a Third-Party Platform to interact with the Service, you permit the Service to exchange User Content with such Third-Party Platform.","caution":"Enabling third-party integrations (IDEs, web search, MCP servers) authorizes bidirectional User Content exchange. Users may not fully appreciate the scope of data sharing triggered by enabling integrations.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=By%20enabling%20a%20Third-Party,with%20such%20Third-Party%20Platform.","char_start":12773,"char_end":12917}},{"surface":"subprocessors_data_sharing","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"You may elect to post content to hosting providers with which we have formed relationships.","caution":"User content may be transmitted to unnamed third-party hosting providers. The specific providers and their data handling practices are not disclosed in this clause.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20may%20elect%20to,we%20have%20formed%20relationships.","char_start":53878,"char_end":53969}},{"surface":"subprocessors_data_sharing","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services.","caution":"No specific subprocessors are named, and the scope of sharing is not bounded — any service provider used to deliver the Services may receive personal data.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Third%20Party%20Service%20Providers,us%20provide%20our%20Services.","char_start":8141,"char_end":8271}},{"surface":"subprocessors_data_sharing","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction.","caution":"User data can be transferred to unknown third parties in M&A or bankruptcy scenarios, potentially under entirely different privacy policies.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Asset%20Transfer%20or%20Company,connection%20with%20that%20transaction.","char_start":9888,"char_end":10348}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" circumstances, we may preserve and share your information: in response to requests from third parties, law enforcement, or other governmental authorities; to promote the safety, security, and integrity of the Services, network, our users, employees, and the public Basic Information, Account Information, Communications, App, browser, and device information, Services usage data Legitimate Interests — specifically, it is in our interest and the interest of the general public to prevent and address fraud, unauthorized use of the Services, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our personnel and property or the Service) our users or others, to defend our legal rights and resolve disputes, to secure our platform and network, to verify accounts and activity, to combat harmful conduct, to prevent and address fraud, abuse and other bad experiences, to prevent death or imminent bodily harm \n To research and innovate Basic Information, Account Information, Communications, Service Usage Data Legitimate Interests — specifically, it is in our interest and our users interest to improve and iterate our Services through information obtained from users, surveys, reviews, and feedback ","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20circumstances%2C%20we%20may,reviews%2C%20and%20feedback%20","char_start":6179,"char_end":7433}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" We do not sell or share your personal information with third parties for targeted advertising purposes, nor have we done so in the past 12 months. We also do not have actual knowledge that we sell or share for targeted advertising purposes personal information about individuals under 16 years old. We work with service providers and other third parties to help us provide our Services, and as a result we need to provide certain information with these third parties as described below.\n We disclose, and in the past 12 months, we've disclosed, the categories of personal data set forth in Section 1 with the following categories of third parties:\n Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services.\n Other Third Parties — Certain features allow you to display or share information with other users or third parties. For example, you may share Devin AI conversations with other users via shared links. Be sure you trust any user or third party with whom you share information.\n Professional Advisors, authorities, and regulators — We share your information with our advisors, regulators, tax authorities, law enforcement, and government agencies to: Respond pursuant to applicable law or regulations, court orders, legal process or government requests;\n Comply with our reporting and information sharing obligations and regulatory authorities;\n Detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and\n Protect the rights, property, safety of us, our users, or others, including to prevent death or imminent bodily harm.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20We%20do%20not,or%20imminent%20bodily%20harm.","char_start":7486,"char_end":9147}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information.\n To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services.\n Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction.\n When you request or direct us to disclose information , with your consent or to perform our contract with you.\n Our Services may contain links to other websites not operated or controlled by Cognition AI, Inc, including social media services (“Third-Party Sites”). ","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20Your%20employer%20or,services%20(%E2%80%9CThird-Party%20Sites%E2%80%9D).%20","char_start":9150,"char_end":10615}},{"surface":"subprocessors_data_sharing","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services.","caution":"Data sharing with affiliates and corporate group entities is authorized on a broad Legitimate Interests basis with no restriction on the scope of data shared.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=To%20our%20affiliates%20or,efficiently%20provide%20the%20Services.","char_start":9753,"char_end":9886}},{"surface":"subprocessors_data_sharing","risk":"high","confidence":"low","tier":"Enterprise","verified":true,"quote":"Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information.","caution":"Enterprise admins can access User Content and control accounts. Individual users under an enterprise account may have reduced privacy expectations relative to their employer.","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=Your%20employer%20or%20related,account%20and%20such%20information.","char_start":9151,"char_end":9751}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=The%20information%20that%20you,privacy%20practices%20and%20policies.","char_start":10615,"char_end":10986}},{"surface":"subprocessors_data_sharing","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 8.1. Third-Party Services and Linked Websites. Exafunction may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Exafunction to transfer that information to the applicable third-party service. Third-party services are not under Exafunction's control, and, to the fullest extent permitted by law, Exafunction is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Exafunction's control, and Exafunction is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Exafunction will have no control over the information that has been shared.\n 8.2. Third-Party Platforms. You may elect to use or integrate platforms, add-ons, services, or products not provided by Exafunction (\"Third-Party Platforms\") (e.g. User IDE's, Web Search, MCP Servers) subject to your agreement with the relevant provider and not this Agreement. We do not control nor shall we have liability for such integrations, including their security, functionality, operation, availability, or interoperability with the Service or how they or their providers use User Content. By enabling a Third-Party Platform to interact with the Service, you permit the Service to exchange User Content with such Third-Party Platform.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%208.1.%20Third-Party%20Services,with%20such%20Third-Party%20Platform.","char_start":11305,"char_end":12917}},{"surface":"audit_rights_dpa_residency","risk":"medium","confidence":"high","tier":"All","verified":true,"quote":"To facilitate our operations, Cognition, our third-party partners, and service providers may transfer, store, and process your personal information throughout the world, including the EU, UK and the US. If you reside in the EEA, Switzerland, or the United Kingdom, we rely upon certain legal mechanisms to facilitate these transfers of your personal information, including in some cases the European Commission's Standard Contractual Clauses and relevant local clauses (e.g., the UK's International Data Transfer Addendum) to facilitate the international and onward transfer of European personal data to third countries. You can contact us at the address below to view a copy or request more information about these mechanisms.","caution":"Data may be transferred globally including to the US. SCCs are cited as the mechanism for EEA/UK transfers but no data residency options are offered, and the list of recipient countries is open-ended ('throughout the world').","provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=To%20facilitate%20our%20operations%2C,information%20about%20these%20mechanisms.","char_start":12481,"char_end":13218}},{"surface":"audit_rights_dpa_residency","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" To facilitate our operations, Cognition, our third-party partners, and service providers may transfer, store, and process your personal information throughout the world, including the EU, UK and the US. If you reside in the EEA, Switzerland, or the United Kingdom, we rely upon certain legal mechanisms to facilitate these transfers of your personal information, including in some cases the European Commission's Standard Contractual Clauses and relevant local clauses (e.g., the UK's International Data Transfer Addendum) to facilitate the international and onward transfer of European personal data to third countries. You can contact us at the address below to view a copy or request more information about these mechanisms.","caution":null,"provenance":{"source_url":"https://windsurf.com/privacy-policy","snapshot_sha256":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a","wayback_url":null,"deep_link":"https://windsurf.com/privacy-policy#:~:text=%20To%20facilitate%20our,information%20about%20these%20mechanisms.","char_start":12480,"char_end":13218}},{"surface":"governing_law_disputes","risk":"high","confidence":"high","tier":"All","verified":true,"quote":"ARBITRATION NOTICE . Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.","caution":"Mandatory binding arbitration with class action waiver eliminates user's right to jury trial and collective legal action. Applies to virtually all disputes.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=ARBITRATION%20NOTICE%20.%20Except,ACTION%20OR%20REPRESENTATIVE%20PROCEEDING.","char_start":1267,"char_end":1616}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;\n a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and\n your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Exafunction may be found, and that you will accept service of process from the person who provided notification under Section 14.2 above or an agent of that person.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20that%20has%20been,of%20that%20person.%20","char_start":27709,"char_end":28513}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 15. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 15, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2015.%20Modification%20of,parties%20to%20these%20Terms.","char_start":30667,"char_end":31339}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" 16. Term, Termination, and Modification of the Service. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2016.%20Term%2C%20Termination%2C,of%20the%20Service.%20","char_start":31340,"char_end":31397}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" address (as applicable). ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%20address%20(as%20applicable).%20","char_start":43516,"char_end":43542}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"During the arbitration, the amount of any settlement offer made by you or Exafunction must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.\n 20.7. Arbitration Relief. Except as provided in Section 20.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Exafunction before an arbitrator was selected, Exafunction will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.\n 20.8. No Class Actions. YOU AND EXAFUNCTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=During%20the%20arbitration%2C%20the,OR%20REPRESENTATIVE%20PROCEEDING.%20","char_start":43542,"char_end":45145}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 21.6. Contact Information. The Service is offered by Exafunction, Inc., located at 900 Villa Street, Mountain View, CA 94041. You may contact us by sending correspondence to that address or by emailing us at hello@windsurf.com.\n 21.7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.\n 21.8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. In addition, we may offer automated support services. We make no guarantees or representations regarding the accuracy, completeness, reliability, or timeliness of the information provided. Responses are subject to change and may become outdated due to software updates, changes in system requirements, or other factors. Accordingly, we disclaim all liability for any errors, omissions, or decisions made based on this information. You are advised not to rely exclusively on the information obtained for critical business or technical decisions and you should independently verify accuracy. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2021.6.%20Contact%20Information.,independently%20verify%20accuracy.%20","char_start":49185,"char_end":50664}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Further, unless both you and Exafunction agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.\n 20.9. Modifications to this Arbitration Provision. If Exafunction makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Exafunction's address for Notice of Arbitration, in which case your account with Exafunction will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.\n 20.10. Enforceability. If Section 20.8 or the entirety of this Section 20 is found to be unenforceable, or if Exafunction receives an Opt-Out Notice from you, then the entirety of this Section 20 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 21.2 will govern any action arising out of or related to these Terms.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Further%2C%20unless%20both%20you,related%20to%20these%20Terms.","char_start":45145,"char_end":46172}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 21.1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Exafunction regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word \"including\" means \"including but not limited to.\" If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.\n 21.2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2021.1.%20General%20Terms.,of%20law%20principles.%20","char_start":46194,"char_end":47657}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 16.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 16.2.\n 16.2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Exafunction may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by using the cancellation functionality made available in your billing menu.\n 16.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Exafunction any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 6 (Ownership; Proprietary Rights), 16.3 (Effect of Termination), 17 (Indemnity), 18 (Disclaimers; No Warranties by Exafunction), 19 (Limitation of Liability), 20 (Dispute Resolution and Arbitration), and 21 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2016.1.%20Term.%20These,to%20the%20Service.%20","char_start":31398,"char_end":33011}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"Exafunction's address for Notice is: Exafunction, Inc., 900 Villa Street, Mountain View, CA 94041. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (\"Demand\"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Exafunction may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Exafunction will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.\n 20.6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence or business address (as applicable) unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence or business","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=Exafunction%26%23x27%3Bs%20address%20for%20Notice,your%20residence%20or%20business","char_start":41722,"char_end":43516}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 20.1. Generally. Except as described in Section 20.2 and 20.3, you and Exafunction agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.\n YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.\n 20.2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2020.1.%20Generally.%20Except,property%20infringement%20claim.%20","char_start":38736,"char_end":40257}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" 20. Dispute Resolution and Arbitration. ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2020.%20Dispute%20Resolution%20and%20Arbitration.%20","char_start":38694,"char_end":38735}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":" 20.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending a letter to Exafunction, Inc., Attention: Arbitration Opt-Out, 900 Villa Street, Mountain View, CA 94041 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (\"Opt-Out Notice\"). Once Exafunction receives your Opt-Out Notice, this Section 20 will be void and any action arising out of these Terms will be resolved as set forth in Section 21.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.\n 20.4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, \"JAMS Rules\") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting Exafunction.\n 20.5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (\"Notice of Arbitration\"). ","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=%2020.3.%20Opt-Out.%20If,(%22Notice%20of%20Arbitration%22).%20","char_start":40257,"char_end":41722}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"high","tier":"All","verified":true,"quote":"You and Exafunction submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that the Service is appropriate or available for use in other locations.\n 21.3. Privacy Policy. Please read the Exafunction Privacy Policy (the \"Privacy Policy\") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Exafunction Privacy Policy is incorporated by this reference into, and made a part of, these Terms.\n 21.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the \"Additional Terms\"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.\n 21.5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.\n","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=You%20and%20Exafunction%20submit,be%20in%20writing.%20","char_start":47657,"char_end":49185}},{"surface":"governing_law_disputes","risk":"medium","confidence":"medium","tier":"All","verified":true,"quote":"The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.","caution":"Service is explicitly scoped to US users. Non-US users have no guaranteed access rights and may face prohibition. Implies US law governs use, though explicit governing law clause is not present in this excerpt.","provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=The%20Service%20is%20intended,is%20illegal%20is%20prohibited.","char_start":51400,"char_end":51693}},{"surface":"governing_law_disputes","risk":"low","confidence":"high","tier":"All","verified":true,"quote":"your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Exafunction may be found, and that you will accept service of process from the person who provided notification under Section 14.2 above or an agent of that person.","caution":null,"provenance":{"source_url":"https://windsurf.com/terms-of-service-individual","snapshot_sha256":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19","wayback_url":null,"deep_link":"https://windsurf.com/terms-of-service-individual#:~:text=your%20name%2C%20address%2C%20and,agent%20of%20that%20person.","char_start":28075,"char_end":28512}},{"surface":"governing_law_disputes","risk":"unknown","confidence":"medium","tier":"All","verified":true,"quote":" 21. 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Partially-verified platforms show findings only from their verified document(s).","@jsonld":{"@context":"https://schema.org","@type":"Dataset","name":"Windsurf (Codeium) — AI policy risk findings","description":"Verified, cited policy findings for Windsurf (Codeium) across 13 risk surfaces.","url":"https://aipolicycompare.com/platform/windsurf-codeium","creator":{"@type":"Organization","name":"AIPolicyCompare","url":"https://aipolicycompare.com"},"isAccessibleForFree":true,"license":"https://aipolicycompare.com/terms","additionalProperty":[{"@type":"PropertyValue","name":"verification","value":"fully_verified"}],"variableMeasured":[{"@type":"PropertyValue","name":"prompt_ownership","value":"unknown","description":" 9.1. User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (\"Post\") content to the Service, including folders, data, text, and any other works of authorship or other works (\"User Content\"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.\n 9.2. Use of User Content. By Posting User Content to or via the Service, you authorize us to use it to provide the Service and Suggestions to you.\n 9.3. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Exafunction disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"prompt_ownership","value":"medium","description":"You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"prompt_ownership","value":"unknown","description":" (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Exafunction and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Exafunction, the Service, and these Terms;","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"output_ownership","value":"unknown","description":" 7. Ownership; Proprietary Rights. The Service is owned and operated by Exafunction. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Exafunction (\"Materials\") are protected by intellectual property and other laws. All Materials included in the Service are the property of Exafunction or its third-party licensors. Except as expressly authorized by Exafunction, you may not make use of the Materials. There are no implied licenses in these Terms and Exafunction reserves all rights to the Materials not granted expressly in these Terms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"output_ownership","value":"ambiguous","description":"The Service is owned and operated by Exafunction. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Exafunction (\"Materials\") are protected by intellectual property and other laws. All Materials included in the Service are the property of Exafunction or its third-party licensors.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"training_use","value":"high","description":"If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (\"Feedback\"), then you hereby grant Exafunction an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"training_use","value":"high","description":"To customize your experience with our Services and otherwise improve our Services including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":"To opt out of having your Chat User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, you will not have access to Chat Services. \"Chat User Content\" mean User Content provided to the Service in the operation of the Cascade or Chat features.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":" 11. Usage and User Content. Exafunction may collect, generate, and derive Usage Data for Exafunction's lawful business purposes, including to: (1) monitor, operate, improve, and support the Service and its performance, security, and stability; (2) create analytics, benchmarking, and performance data and reports; and (3) develop new products and services. You will not interfere with the collection of Usage Data. Exafunction owns all right, title, and interest, including all intellectual property rights in and to, the Usage Data, the know-how and analytical results generated in the processing and use of Usage Data, and any and all new products, services, and developments, modifications, customizations, or improvements to the Service made based on the Usage Data. Exafunction will not disclose Usage Data externally, including in benchmarks or reports, unless such Usage Data has been (a) de-identified so that it does not individually identify you or any other person and (b) aggregated with usage data from other users of the Platform. \"Usage Data\" means any performance, analytical, or usage data or information relating to access to or use of the Service that is generated or otherwise collected by the Service but excluding User Content. For Pro Users, you may elect to place limits on the use of User Content such that User Content (i) is transmitted only to generate code, outputs, or other functions generated in response to input User Content (\"Suggestions\") in real-time and are deleted once Suggestions are generated; (ii) is not used for any other purpose, including the training of language models; and (iii) is encrypted during transit and is not stored at rest. These limits control over the usage rights referenced in Section 10 above. Notwithstanding the foregoing, if","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":"Additionally, our support team may review input and refine responses to improve the quality and relevance of the information provided.\n 21.9. Force Majeure. Neither party is liable for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) due to events beyond its reasonable control, such as a strike, blockade, war, pandemic or threat thereof, act of terrorism, riot, Internet or utility failures, refusal of government license, or natural disaster (\"Force Majeure Events\"). Exafunction may terminate the use of the Service immediately with notice if it reasonably believes or determines that the provision of the Service to you is prohibited by applicable law.\n 21.10. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.\n 21.11. Export. You acknowledge and understand that the Service and Suggestions are subject to U.S. export control and sanctions laws and regulations, including but not limited to the U.S. Department of Commerce's Export Administration Regulations and trade and economic sanctions maintained by the Office of Foreign Assets Control (\"OFAC\") at the U.S. Department of the Treasury, and may be subject to foreign export and import Laws (collectively, \"Trade Controls\"). 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Use of Autocomplete User Content to Improve Services. We may use your Autocomplete User Content to improve our discriminative machine learning models, which are models that rank or assign scores to code generations in order to understand the boundaries between different sets of code. We will never use your Autocomplete User Content to improve generative machine learning models, which are models that are able to generate code directly based on studying existing code generations, for Autocomplete or other services. Any Autocomplete User Content used for training our discriminative machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Autocomplete User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models. \"Autocomplete User Content\" mean User Content provided to the Service in the operation of the Autocomplete feature.\n 10.2. Use of Chat User Content to Improve Services. We may use your Chat User Content to improve the generative and discriminative machine learning models we use. Any Chat User Content used for training our machine learning models is anonymized, such that any personally identifiable information is removed. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"training_use","value":"unknown","description":" 10. Use of User Content to Improve Services. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"commercial_use","value":"high","description":"Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Pro Users), Exafunction grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"commercial_use","value":"unknown","description":" 6.1. Limited License. Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Pro Users), Exafunction grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.\n 6.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.\n 6.3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (\"Feedback\"), then you hereby grant Exafunction an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"low","description":"We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Personal information does not include information that has been de-identified, anonymized or aggregated. When data is de-identified or anonymized, we maintain it in that form and do not attempt to re-identify the information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We use your personal information to deliver, personalize, operate, improve, create, and develop our Services, to provide you with a secure, smooth, efficient and customized experience as you use our Services, and for legal compliance, and loss prevention. We only use your account password to create and maintain your account and to provide you with the Services. Learn more about how we use your personal information and our legal basis for each such use case below.\n Why and how we use your information Information categories used Legal basis of processing (where applicable) \n To create and maintain your account Basic Information and Account Information Necessary to perform our contract with you \n To provide you with Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you \n To provide customer support Basic Information, Account Information, Communications, Services usage data (including location information), App, browser, and device information We rely on our legitimate interests or those of third parties (like other users and in some cases, the general public) where they are not outweighed by your rights and freedoms. In the EEA and UK, you have the right to object to, and seek restrictions of this processing (“Legitimate Interests”) — specifically, our interest in being responsive to your requests and ensuring you have the best use of the Services \n To send Service communications Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Necessary to perform our contract with you. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Depending on where you live, you may be able to exercise certain privacy rights related to your personal information. If any of the rights listed below are not provided for under law for your jurisdiction, we have absolute discretion in providing these rights.\n Right to access/know and portability : You may have the right to request that we provide you a copy of your personal information held by us, or for details relating to the ways in which we use and disclose your personal information, and how we have used or disclosed your personal information in the past. You may also have the right to request that we provide certain personal information in a structured, commonly used, machine-readable format and make this available to you or a designated third party.\n Right to deletion/erasure : You may have the right to request to erase your personal information. If you end your Services, we will retain or delete information associated with your account as described in Section 5.\n Right to rectification/correction : You may have the right to request us to rectify or update any of your personal information that is incomplete or inaccurate.\n Right to object or restrict processing : You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest or for direct marketing. We may continue to process your personal information where permitted or required by applicable law.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Right to withdraw your consent : To the extent processing of your personal information is based on your consent, you may withdraw your consent at any time. The lawfulness of our processing before you withdraw your consent will not be affected by such withdrawal.\n Right to Appeal : If we deny your request, you may have the right to appeal our decision regarding your privacy request.\n Right to lodge a complaint : You have the right to lodge a complaint with your local data protection authority.\n You may submit a request to exercise these rights by contacting us at privacy@cognition.ai . We will not discriminate against you for exercising any of your rights provided to you under law. To protect your privacy and security, we may take steps to verify your identity before complying with your request, including to ask for further information, and we may decline your request if we are unable to verify your identity.\n Under certain US data privacy laws, you may also designate an authorized agent to make these requests on your behalf. Before accepting a request from an agent, we will require that the agent provide proof that you have authorized them to act on your behalf, and we may need you to verify your identity directly with us.\n The above rights are not absolute, and may only apply or be denied in certain circumstances. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well. We post any changes we make to our Privacy Policy on this page and, where appropriate, we will provide you with reasonable notice of any material changes or as otherwise required by law. The date the Privacy Policy was last updated is identified at the top of this page.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","description":"We are constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well. We post any changes we make to our Privacy Policy on this page and, where appropriate, we will provide you with reasonable notice of any material changes or as otherwise required by law.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":"Legitimate Interests — specifically, our interest in ensuring you have the best use of the Services \n To promote safety, security, and integrity of our Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Legitimate Interests — specifically, our interest in ensuring and maintain the effective operations and delivery of the Services \n To comply with legal and regulatory obligations. We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us To comply with our legal obligations. Legitimate Interests — specifically, our interest in complying with legal obligations, requests and our corporate responsibilities where we operate \n To customize your experience with our Services and otherwise improve our Services including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services. Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, and User Content Legitimate Interests — specifically, it is in our interest to understand how you interact with the Services in order to customize and/or improve our products and Services, and the models that power our Services, and enable accurate and reliable reporting \n Where not otherwise required by law, and depending on the","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","description":"To comply with legal and regulatory obligations. We may access, read, preserve, and disclose information when we believe it is reasonably necessary to comply with law, legal obligations, regulations, law enforcement, governmental, and other legal requests, court orders, or for disclosure to tax authorities","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" The Services are not intended for children, and we do not knowingly request or collect any personal information from children. As set out in our Terms, users must be at least 18 years old in order to access the Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" This Privacy Policy explains how Cognition AI, Inc (“ we ”, “ our ” or “ us ”) collect, use, disclose, and safeguard your information when you use visit our website (www.cognition.ai), our software-as-a-service offerings that we make available to individuals and enterprise customers (e.g., Devin and Windsurf), along with any associated software, apps and websites (collectively, the “ Services ”).\n It is important that you understand how we use your information. You should read this page in full, but below are key highlights and some helpful links:\n Our goal is to simplify your experience. If you do not wish for your personal information to be collected, used, or disclosed as described in this Privacy Policy, or you are under 18 years of age, you should stop accessing our Services.\n We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations. To learn more, explore Section 1. Information We Collect and Section 2. How We Use Your Information .\n We share your information with trusted third parties and service providers in order to offer our Services, fulfill legal requirements and for the purposes set out more fully below.\n If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","description":"Right to object or restrict processing : You may have the right to restrict or object to us using or transferring your personal information based on our legitimate interests, in the public interest or for direct marketing. We may continue to process your personal information where permitted or required by applicable law.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Contact Information First name, last name, email address, phone number, and company name (if any). \n User Content Any personal information collected when you use our Services, including personal information that may be provided in the input, file uploads, feedback or output. \n Additional information and communications you submit to us Any communications that we exchange, including communications with interfaces such as our chatbots, survey responses, or feedback. \n Account Information Email address, password, GitHub/GitLab or other git provider username. \n Voice input If you use voice features, we process the audio to generate transcriptions or commands. Audio is deleted after transcription unless otherwise stated. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" If you have any questions or concerns regarding this Privacy Policy, or if you have a complaint, please contact us at privacy@cognition.ai .","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We implement commercially reasonable technical, administrative, and organizational measures intended to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","description":"Depending on where you live, you may be able to exercise certain privacy rights related to your personal information. If any of the rights listed below are not provided for under law for your jurisdiction, we have absolute discretion in providing these rights.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" We collect, and in the past 12 months have collected, the following personal information about you:","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"medium","description":"User Content Any personal information collected when you use our Services, including personal information that may be provided in the input, file uploads, feedback or output.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" 3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at privacy@windsurf.com.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" 12. Communications; Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"privacy_data_use","value":"unknown","description":" Thank you for choosing to be part of our community at Exafunction, Inc. (\" Company ,\" \" we ,\" \" us ,\" or \" our \"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at privacy@windsurf.com .\n PLEASE READ THE FOLLOWING TERMS CAREFULLY: \n BY CLICKING \"I ACCEPT,\" OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING EXAFUNCTION'S PRIVACY POLICY (TOGETHER, THESE \" TERMS \"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND EXAFUNCTION'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY EXAFUNCTION AND BY YOU TO BE BOUND BY THESE TERMS.\n ARBITRATION NOTICE . Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"high","description":"If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Exafunction may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"high","description":"Exafunction reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Exafunction will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"medium","description":"To promote safety, security, and integrity of our Services Basic Information, Account Information, Communications, App, browser, and device information, Services usage data, Additional information you submit to us Legitimate Interests — specifically, our interest in ensuring and maintain the effective operations and delivery of the Services","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Exafunction to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" 9.4. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Exafunction may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Exafunction with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Exafunction does not permit infringing activities on the Service.\n 9.5. Monitoring Content. Exafunction does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Exafunction reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" use the Service for any illegal purpose or in violation of any local, state, national, or international law;\n harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;\n violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;\n access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Exafunction;\n interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;\n interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;\n perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;\n sell or otherwise transfer the access granted under these Terms or any Materials (as defined in","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" 14.1. Respect of Third Party Rights. Exafunction respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.\n 14.2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address: Exafunction, Inc. Attn: Legal Department (IP Notification) 900 Villa Street Mountain View, CA 94041 Email: dmca@exafunction.com\n 14.3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written \"Notification of Claimed Infringement\" to the Designated Agent identified above containing the following information:\n an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;\n a description of the copyrighted work or other intellectual property right that you claim has been infringed;\n a description of the material that you claim is infringing and where it is located on the Service;\n your address, telephone number, and email address;\n a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and\n a statement by you that the above","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" Your Notification of Claimed Infringement may be shared by Exafunction with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Exafunction making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.\n 14.4. Repeat Infringers. Exafunction's policy is to: (a) remove or disable access to material that Exafunction believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Exafunction will terminate the accounts of users that are determined by Exafunction to be repeat infringers. Exafunction reserves the right, however, to suspend or terminate accounts of users in our sole discretion.\n 14.5. Counter Notification. If you receive a notification from Exafunction that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Exafunction with what is called a \"Counter Notification.\" To be effective, a Counter Notification must be in writing, provided to Exafunction's Designated Agent through one of the methods identified in Section 14.2, and include substantially the following information:\n your physical or electronic signature;\n identification of the material","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.\" Exafunction reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":"If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.\n 16.4. Modification of the Service. Exafunction reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Exafunction will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":"You agree to comply with all applicable Trade Controls in using any Service and Suggestions. Specifically, you represent and warrant that you will not export, re-export, or transfer (in-country) to or otherwise allow the use of the Service, Suggestions, or items incorporating Suggestions by or for: (1) persons or entities listed on, or owned or controlled by, a U.S. restricted party list including but not limited to the Entity List, Denied Persons List, Unverified List, List of Specially Designated Nationals, or comparable lists of restricted persons published by the U.S. government or the government of another applicable foreign jurisdiction, (2) persons or entities who are, or are or owned or controlled by persons or entities, located in or governments of sanctioned countries or territories (which currently include Belarus, Cuba, Iran, North Korea, Russia, Syria, Venezuela, and the Crimea, LNR, and DNR regions of Ukraine), or (3) any prohibited end use including but not limited to (i) military end uses, (ii) rocket systems or unmanned aerial vehicles, (iii) nuclear end-uses, (iv) chemical, biological, or nuclear weapons end-uses, (v) advanced computing, and (vi) supercomputing. You agree that you shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any Service, Suggestions, and/or products derived from, based on, or that incorporate Suggestions, to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":"If at any time Exafunction chooses to monitor the content, then Exafunction still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Exafunction may block or filter any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.\n 14.6. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Exafunction in response to a Notification of Claimed Infringement, then Exafunction will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Exafunction will replace the removed User Content or cease disabling access to it in 10 business days, and Exafunction will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Exafunction's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Exafunction's system or network.\n 14.7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: \"[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Exafunction]","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" Section 7) or any right or ability to view, access, or use any Materials; or\n attempt to do any of the acts described in this Section 13 or assist or permit any person in engaging in any of the acts described in this Section 13.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" 13. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"medium","description":"Exafunction may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"moderation_enforcement","value":"unknown","description":" information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"data_retention","value":"high","description":"If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Exafunction reserves the right to delete your account and any information associated with your account without any liability to you.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"data_retention","value":"medium","description":"You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"data_retention","value":"low","description":"Voice input If you use voice features, we process the audio to generate transcriptions or commands. Audio is deleted after transcription unless otherwise stated.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"data_retention","value":"medium","description":"In line with these considerations, we delete information that is no longer needed for the above purposes or when you request deletion of your information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":" We retain your personal information as needed to provide our Service to you, comply with legal obligations, or protect ours or others interests. How long we retain personal information includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security, and integrity of our Services or users.\n In line with these considerations, we delete information that is no longer needed for the above purposes or when you request deletion of your information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"data_retention","value":"ambiguous","description":"Right to deletion/erasure : You may have the right to request to erase your personal information. If you end your Services, we will retain or delete information associated with your account as described in Section 5.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"data_retention","value":"medium","description":"We retain your personal information as needed to provide our Service to you, comply with legal obligations, or protect ours or others interests. How long we retain personal information includes considerations such as when the information was collected or created, whether it is necessary in order to continue offering you our Services, whether we are required to hold the information to comply with our legal obligations, or information preservation requirements. We also keep certain information where necessary to protect the safety, security, and integrity of our Services or users.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":" you elect to use a model labeled \"(no ZDR)\", we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or conversation history (e.g., Memories, Rules, or similar features), you acknowledge that the associated User Content will be stored as necessary to provide those features.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"data_retention","value":"medium","description":"You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"data_retention","value":"unknown","description":" 5.4. Delinquent Accounts. Exafunction may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Exafunction reserves the right to delete your account and any information associated with your account without any liability to you.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"tier_differences","value":"ambiguous","description":"including, depending on the terms that apply to your use of the Services, using User Content to train, fine tune and improve the models that power our Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"tier_differences","value":"unknown","description":" 5. General Payment Terms. We offer a paid version of this Individual license, which includes enhanced features. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. In some cases, you may pre-authorize incremental purchases based on usage. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 5 are subject to any pricing and payment terms set forth in an Order Form.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"tier_differences","value":"unknown","description":" Interested in Teams? Check out the Teams Terms of Service .","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"tier_differences","value":"unknown","description":" 5.1. Price. Exafunction reserves the right to determine pricing for the Service. Exafunction will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Exafunction may change the fees for any feature of the Service, including additional fees or charges, if Exafunction gives you advance notice of changes before they apply. Exafunction, at its sole discretion, may make promotional offers with different features and different pricing to any of Exafunction's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.\n 5.2. Authorization. You authorize Exafunction to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Exafunction, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Exafunction may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.\n 5.3. Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (\"Subscription Service\"). The \"Subscription Billing Date\" is the date when you purchase your first subscription to the Service. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"tier_differences","value":"medium","description":"Subject to your complete and ongoing compliance with these Terms, and the payment of the applicable Fee (for Pro Users), Exafunction grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable application that we provide to you, on a device that you own or control; and (b) access and use the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"tier_differences","value":"unknown","description":"The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the \"Initial Subscription Period\"), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a \"Subscription Period\") unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Exafunction or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the \"Subscription Fee\", please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Exafunction or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"Notwithstanding anything to the contrary in these Terms, in no event will Exafunction be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Exafunction, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the \"Exafunction Entities\") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"You may elect to post content to hosting providers with which we have formed relationships. In doing so, you represent that this content does not violate the intellectual property rights of others, and agree to indemnify us for any third party claims that may result from a violation of this representation.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"medium","description":"However, these measures are not a guarantee of absolute security and you acknowledge and accept that your use of our Services is ultimately at your own risk.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 18. Disclaimers; No Warranties by Exafunction. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 18.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED \"AS IS\" AND ON AN \"AS AVAILABLE\" BASIS. EXAFUNCTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXAFUNCTION DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EXAFUNCTION DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.\n 18.2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR EXAFUNCTION ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL CREATE ANY WARRANTY REGARDING ANY OF THE EXAFUNCTION ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 18.3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 18 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Exafunction does not disclaim any warranty or other right that Exafunction is prohibited from disclaiming under applicable law.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 19. Limitation of Liability. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 17. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Exafunction, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the \"Exafunction Entities\") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED \"AS IS\" AND ON AN \"AS AVAILABLE\" BASIS. EXAFUNCTION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EXAFUNCTION DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND EXAFUNCTION DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 4. Beta or Trial Versions. Exafunction may from time to time offer trial or beta models or versions or features of the Service (each, a \"Beta Service\"). Exafunction will determine, at its sole discretion, the availability, duration (the \"Trial Period\"), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED \"AS IS\" WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will Exafunction be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If you qualify for a Beta Service and voluntarily agree to use a Beta Service, you agree to provide Exafunction Feedback (defined below) and respond to Exafunction's questions or other inquiries regarding your use of the Beta Service, if requested. Exafunction has sole discretion in deciding whether or not to continue offering any Beta Service and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 4, these Terms govern your use of the Beta Service as part of the Service.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 21.12. Windsurf Deploys and Copyright Infringements. You may elect to post content to hosting providers with which we have formed relationships. In doing so, you represent that this content does not violate the intellectual property rights of others, and agree to indemnify us for any third party claims that may result from a violation of this representation. You also agree to the processes and procedures referenced at windsurf.com/dmca, with respect to the content that you post. If you are a visitor to our website and believe that any content we have posted on behalf or our users violates your intellectual property rights, please follow the process set forth at windsurf.com/dmca.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"unknown","description":" 19.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE EXAFUNCTION ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY EXAFUNCTION ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.\n 19.2. EXCEPT AS PROVIDED IN SECTIONS 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.\n 19.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"indemnity_liability","value":"high","description":"EXCEPT AS PROVIDED IN SECTIONS 20.5 AND 20.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE EXAFUNCTION ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO EXAFUNCTION FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","description":"Exafunction may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Exafunction to transfer that information to the applicable third-party service. Third-party services are not under Exafunction's control, and, to the fullest extent permitted by law, Exafunction is not responsible for any third-party service's use of your exported information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","description":"By enabling a Third-Party Platform to interact with the Service, you permit the Service to exchange User Content with such Third-Party Platform.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","description":"You may elect to post content to hosting providers with which we have formed relationships.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","description":"Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","description":"Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" circumstances, we may preserve and share your information: in response to requests from third parties, law enforcement, or other governmental authorities; to promote the safety, security, and integrity of the Services, network, our users, employees, and the public Basic Information, Account Information, Communications, App, browser, and device information, Services usage data Legitimate Interests — specifically, it is in our interest and the interest of the general public to prevent and address fraud, unauthorized use of the Services, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our personnel and property or the Service) our users or others, to defend our legal rights and resolve disputes, to secure our platform and network, to verify accounts and activity, to combat harmful conduct, to prevent and address fraud, abuse and other bad experiences, to prevent death or imminent bodily harm \n To research and innovate Basic Information, Account Information, Communications, Service Usage Data Legitimate Interests — specifically, it is in our interest and our users interest to improve and iterate our Services through information obtained from users, surveys, reviews, and feedback ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" We do not sell or share your personal information with third parties for targeted advertising purposes, nor have we done so in the past 12 months. We also do not have actual knowledge that we sell or share for targeted advertising purposes personal information about individuals under 16 years old. We work with service providers and other third parties to help us provide our Services, and as a result we need to provide certain information with these third parties as described below.\n We disclose, and in the past 12 months, we've disclosed, the categories of personal data set forth in Section 1 with the following categories of third parties:\n Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services.\n Other Third Parties — Certain features allow you to display or share information with other users or third parties. For example, you may share Devin AI conversations with other users via shared links. Be sure you trust any user or third party with whom you share information.\n Professional Advisors, authorities, and regulators — We share your information with our advisors, regulators, tax authorities, law enforcement, and government agencies to: Respond pursuant to applicable law or regulations, court orders, legal process or government requests;\n Comply with our reporting and information sharing obligations and regulatory authorities;\n Detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and\n Protect the rights, property, safety of us, our users, or others, including to prevent death or imminent bodily harm.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information.\n To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services.\n Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction.\n When you request or direct us to disclose information , with your consent or to perform our contract with you.\n Our Services may contain links to other websites not operated or controlled by Cognition AI, Inc, including social media services (“Third-Party Sites”). ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"medium","description":"To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"high","description":"Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"low"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":"The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"subprocessors_data_sharing","value":"unknown","description":" 8.1. Third-Party Services and Linked Websites. Exafunction may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize Exafunction to transfer that information to the applicable third-party service. Third-party services are not under Exafunction's control, and, to the fullest extent permitted by law, Exafunction is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Exafunction's control, and Exafunction is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Exafunction will have no control over the information that has been shared.\n 8.2. Third-Party Platforms. You may elect to use or integrate platforms, add-ons, services, or products not provided by Exafunction (\"Third-Party Platforms\") (e.g. User IDE's, Web Search, MCP Servers) subject to your agreement with the relevant provider and not this Agreement. We do not control nor shall we have liability for such integrations, including their security, functionality, operation, availability, or interoperability with the Service or how they or their providers use User Content. By enabling a Third-Party Platform to interact with the Service, you permit the Service to exchange User Content with such Third-Party Platform.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"audit_rights_dpa_residency","value":"medium","description":"To facilitate our operations, Cognition, our third-party partners, and service providers may transfer, store, and process your personal information throughout the world, including the EU, UK and the US. If you reside in the EEA, Switzerland, or the United Kingdom, we rely upon certain legal mechanisms to facilitate these transfers of your personal information, including in some cases the European Commission's Standard Contractual Clauses and relevant local clauses (e.g., the UK's International Data Transfer Addendum) to facilitate the international and onward transfer of European personal data to third countries. You can contact us at the address below to view a copy or request more information about these mechanisms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"audit_rights_dpa_residency","value":"unknown","description":" To facilitate our operations, Cognition, our third-party partners, and service providers may transfer, store, and process your personal information throughout the world, including the EU, UK and the US. If you reside in the EEA, Switzerland, or the United Kingdom, we rely upon certain legal mechanisms to facilitate these transfers of your personal information, including in some cases the European Commission's Standard Contractual Clauses and relevant local clauses (e.g., the UK's International Data Transfer Addendum) to facilitate the international and onward transfer of European personal data to third countries. You can contact us at the address below to view a copy or request more information about these mechanisms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"d36a6d083fcd5437433835c5ba2e7b6a151a4e9d1e4eaec4039a135b1038ba7a"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/privacy-policy"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"high","description":"ARBITRATION NOTICE . Except for certain kinds of disputes described in Section 20, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;\n a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and\n your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Exafunction may be found, and that you will accept service of process from the person who provided notification under Section 14.2 above or an agent of that person.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 15. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 15, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 16. Term, Termination, and Modification of the Service. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" address (as applicable). ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":"During the arbitration, the amount of any settlement offer made by you or Exafunction must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.\n 20.7. Arbitration Relief. Except as provided in Section 20.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Exafunction before an arbitrator was selected, Exafunction will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.\n 20.8. No Class Actions. YOU AND EXAFUNCTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 21.6. Contact Information. The Service is offered by Exafunction, Inc., located at 900 Villa Street, Mountain View, CA 94041. You may contact us by sending correspondence to that address or by emailing us at hello@windsurf.com.\n 21.7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.\n 21.8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. In addition, we may offer automated support services. We make no guarantees or representations regarding the accuracy, completeness, reliability, or timeliness of the information provided. Responses are subject to change and may become outdated due to software updates, changes in system requirements, or other factors. Accordingly, we disclaim all liability for any errors, omissions, or decisions made based on this information. You are advised not to rely exclusively on the information obtained for critical business or technical decisions and you should independently verify accuracy. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":"Further, unless both you and Exafunction agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.\n 20.9. Modifications to this Arbitration Provision. If Exafunction makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Exafunction's address for Notice of Arbitration, in which case your account with Exafunction will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.\n 20.10. Enforceability. If Section 20.8 or the entirety of this Section 20 is found to be unenforceable, or if Exafunction receives an Opt-Out Notice from you, then the entirety of this Section 20 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 21.2 will govern any action arising out of or related to these Terms.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 21.1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Exafunction regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word \"including\" means \"including but not limited to.\" If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.\n 21.2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 16.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 16.2.\n 16.2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Exafunction may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by using the cancellation functionality made available in your billing menu.\n 16.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Exafunction any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 6 (Ownership; Proprietary Rights), 16.3 (Effect of Termination), 17 (Indemnity), 18 (Disclaimers; No Warranties by Exafunction), 19 (Limitation of Liability), 20 (Dispute Resolution and Arbitration), and 21 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":"Exafunction's address for Notice is: Exafunction, Inc., 900 Villa Street, Mountain View, CA 94041. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (\"Demand\"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Exafunction may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Exafunction will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.\n 20.6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence or business address (as applicable) unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence or business","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 20.1. Generally. Except as described in Section 20.2 and 20.3, you and Exafunction agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.\n YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EXAFUNCTION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.\n 20.2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 20. Dispute Resolution and Arbitration. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 20.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 20 within 30 days after the date that you agree to these Terms by sending a letter to Exafunction, Inc., Attention: Arbitration Opt-Out, 900 Villa Street, Mountain View, CA 94041 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (\"Opt-Out Notice\"). Once Exafunction receives your Opt-Out Notice, this Section 20 will be void and any action arising out of these Terms will be resolved as set forth in Section 21.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.\n 20.4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, \"JAMS Rules\") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.org, by calling the JAMS at +1-800-352-5267 or by contacting Exafunction.\n 20.5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (\"Notice of Arbitration\"). ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":"You and Exafunction submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that the Service is appropriate or available for use in other locations.\n 21.3. Privacy Policy. Please read the Exafunction Privacy Policy (the \"Privacy Policy\") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Exafunction Privacy Policy is incorporated by this reference into, and made a part of, these Terms.\n 21.4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the \"Additional Terms\"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.\n 21.5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.\n","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"medium","description":"The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"low","description":"your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Exafunction may be found, and that you will accept service of process from the person who provided notification under Section 14.2 above or an agent of that person.","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"high"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]},{"@type":"PropertyValue","name":"governing_law_disputes","value":"unknown","description":" 21. Miscellaneous. ","additionalProperty":[{"@type":"PropertyValue","name":"confidence","value":"medium"},{"@type":"PropertyValue","name":"snapshot_sha256","value":"1da1a033cf858296b14618869d2f3bfaab15c65a71df526d2dc921a824af1b19"},{"@type":"PropertyValue","name":"wayback_url","value":""},{"@type":"PropertyValue","name":"source_url","value":"https://windsurf.com/terms-of-service-individual"}]}]}}