Windsurf (Codeium)

" 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."

"Legitimate Interests — specifically, our interest in ensuring you have the best use of the Services 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 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 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 Where not otherwise required by law, and depending on the"

" 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. 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. "

" 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"

"Additionally, our support team may review input and refine responses to improve the quality and relevance of the information provided. 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. 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. 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"). "

" 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."

" 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. 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. 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. "

" 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."

" 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. 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. 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."

"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."

"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."

"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."

"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."

" 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."

" 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. 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. 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."

"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."

"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."

"By enabling a Third-Party Platform to interact with the Service, you permit the Service to exchange User Content with such Third-Party Platform."