Last updated: May 11, 2025
Welcome to Ask Poppy! These Terms of Service ("Terms") govern your use of the Ask Poppy website, application, and services (collectively, the "Service"), which are currently in a beta testing phase. The Service is provided by Windsurf Systems, Inc. ("we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Service. Since Ask Poppy is aimed at teenagers (approx. ages 12-16), if you are under 16 (or the age of digital consent in your region), you must have your parent or legal guardian’s permission to use the Service, and they must agree to these Terms on your behalf.
You acknowledge and agree that the Service is a beta version and is still under development. This means:
Ask Poppy is designed for users aged approximately 12 to 16. If you are under the age of 16 (or the relevant age of digital consent in your country, if different), you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf and consents to your use of the Service.
We may require users to provide age information and may implement age verification measures. If we learn that a user is under the required age and does not have parental consent, we reserve the right to terminate their account and delete their data.
Parents and guardians are responsible for the activity of their children on the Service and for ensuring their child’s compliance with these Terms.
To access certain features of Ask Poppy, you may need to create an account. You agree to:
We use a third-party authentication provider (Clerk) to manage user accounts. Your use of Clerk is subject to their terms and privacy policy in addition to ours.
You are solely responsible for your conduct while using Ask Poppy and for any text, information, audio, or other materials that you submit, post, or display on or via the Service ("User Content"). You agree not to:
We reserve the right to remove or refuse to process any User Content that we believe, in our sole discretion, violates these Terms or is otherwise objectionable. We may also suspend or terminate your account for violating these conduct rules.
While we store your User Content (like chat history) to provide the Service, you retain ownership of your User Content. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service. This license is primarily to allow us to operate and improve the Service (e.g., by showing you your chat history or potentially using anonymized content to train the AI, as described in our Privacy Policy).
The responses and information provided by Ask Poppy’s AI are generated by artificial intelligence models. While we strive to provide accurate and helpful information, you acknowledge that:
The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Windsurf Systems, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use during the beta period.
The Service may contain links to third-party websites or services that are not owned or controlled by Windsurf Systems, Inc. (e.g., links to external resources provided by the AI). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Disclaimers: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WIND SURF SYSTEMS, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE (INCLUDING AI-GENERATED CONTENT); (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE LAST SIX MONTHS FOR THE SERVICE GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Windsurf Systems, Inc. and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content (including AI-generated content) other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
We may terminate or suspend your access to all or part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may do so by discontinuing use of the Service or by contacting us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Santa Clara County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
YOU AND WE 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. FURTHER, UNLESS BOTH YOU AND WE 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect (e.g., by email or a notice on the Service). What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at:
Ask Poppy Support (Windsurf Systems, Inc.)
Email: [email protected]