An AI-powered code editor developed by Codeium that integrates artificial intelligence capabilities directly into the development environment to assist programmers with coding tasks. As a development tool that processes user code and potentially sensitive project data, the platform's privacy and terms policies are important for developers concerned about code confidentiality, data handling practices, and intellectual property rights. The service's policies affect how user-generated code and development workflows are stored, analyzed, and potentially used for AI model training.

4 Documents
60 All provisions 8 High severity 44 Medium severity 8 Low severity
14 Changes · 12 mo 1 high
Jul 24, 2026 Last change

High, provisions that significantly limit your legal rights, authorize broad data collection, or create material financial exposure. Medium, provisions worth knowing about but with partial protections or limited scope. Low, standard terms with minimal consumer impact.

ConductAtlas User-Protection Index
Provisional · scored on 5 of 6
18.8/100
Consumer tier · provisional until more dimensions are known
How is this scored? →

Higher = more protective of you, the user/customer — a deliberately user-protective lens, not a universal “good vs bad” score. Computed algorithmically from Windsurf’s cited governance stances; no dimension we haven’t confidently read is ever counted against the score. Free, reproducible, and never purchasable.

Consumer tier · 18.8/100 · provisional · scored on 5 of 6
Arbitration & class action weight 22% 0.0
Data sharing & sale weight 20% not stated
AI training on your data weight 18% 0.0
Data retention & deletion weight 15% 100.0
Content ownership & licence weight 15% 0.0
Business tier · 62.3/100 · provisional · scored on 3 of 6
Arbitration & class action weight 22% not stated
Data sharing & sale weight 20% 0.0
AI training on your data weight 18% 100.0
Data retention & deletion weight 15% 100.0
Content ownership & licence weight 15% not stated
Liability & warranties weight 10% not stated
Governance Coverage
Contract Terms
13 provisions · 11 med
Privacy Rights
13 provisions · 1 high · 8 med
Account Control
11 provisions · 2 high · 8 med
Data Sharing
10 provisions · 3 high · 6 med
Liability Limitation
9 provisions · 6 high · 2 med
Arbitration
8 provisions · 3 high · 2 med
Acceptable Use
8 provisions · 4 high · 4 med
Data Retention
8 provisions · 2 high · 6 med
Intellectual Property
7 provisions · 1 high · 5 med
Data Usage
7 provisions · 3 high · 3 med
Quick Facts
Arbitration: Required
AI Training: Trains on your content
Data Retention: Deleted after account closure
Class Action: Waived
Key Governance Provisions
High Output cannot train competing models or reverse-engineer Devin

This clause establishes a specific restriction on the otherwise customer-owned output of Devin, carving out competitive and reverse-engineering uses from the permitted intellectual property rights.

High Devin output is customer intellectual property

This clause establishes that customers hold intellectual property rights in Devin's output, enabling commercial use without a separate licensing step.

High Enterprise customers never trained on without written consent

This clause establishes an absolute prohibition on model training using Enterprise customer data absent express prior written consent, providing a stronger protection than the default opt-out availab…

High Paid plan users may opt out of model training

This clause establishes that the default model training data use is reversible for paid plan users, and that opting out triggers both a training exclusion and a Zero Data Retention arrangement with m…

High Default use of customer data for model training

This clause establishes that model training on customer data is an active default practice, meaning customers who do not take affirmative steps to opt out are subject to this use of their data.

Document Coverage
Enterpriseterms Privacypolicy Termsofservice
Last change detected: Jul 24, 2026 Changes (12 months): 14 (1 high) Documents monitored: 4 Provisions tracked: 60
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Documents

Windsurf Enterprise Terms

Low

The submitted URL returned a 404 error page rather than Windsurf's Enterprise Terms document. No contract terms, data handling provisions, pricing conditions, or legal obligations were present in the returned …

Last updated May 12, 2026 · Enterprise terms
0 provisions 1 version captured Version history →

Windsurf Security & Data Handling

Medium

This document explains how Windsurf collects, uses, and keeps your data when you use the Devin product. By default, your data may be used to train Windsurf's models, but if …

Last updated May 11, 2026 · Privacy policy
8 provisions 6 versions captured 2 significant changes Version history →

Windsurf Terms of Service

High

Windsurf's Terms of Service govern how you may use its AI coding assistant, and you own all output the service produces. However, Windsurf makes no guarantees about the service or …

Last updated May 5, 2026 · Terms of service
9 provisions 7 versions captured 1 significant change Version history →

Windsurf Privacy Policy

Medium

Windsurf's privacy policy explains what the company does with your information when you use its Services. If you signed up with a work email, your employer may be told you …

Last updated May 5, 2026 · Privacy policy
8 provisions 6 versions captured Version history →

Recent Changes

July 6, 2026 · Windsurf Security & Data Handling High

Windsurf changed its default data use policy for model training. Previously, the company stated it would not use customer data for model training unless users explicitly opted in. The updated …

View change record →
July 1, 2026 · Windsurf Terms of Service Medium

Windsurf's Terms of Service were substantially rewritten on July 1, 2026. The updated terms rebrand the service from Windsurf to the Cognition Platform, clarify that the terms are now offered …

View change record →
June 23, 2026 · Windsurf Security & Data Handling Medium

Windsurf replaced technical documentation about their Devin AI product with a comprehensive security and data handling disclosure. The previous document described Devin's vulnerability remediation capabilities; the updated document now describes …

View change record →
📈 Policy Drift Analysis View all changes →

High Severity Provisions (8)

View all high severity provisions → Compare Windsurf with other platforms →

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Applicable Regulations

EU AI Act
European Union
View official text ↗
California AB 2013 AI Training Data Transparency
US-CA
View official text ↗
CCPA/CPRA
California, USA
View official text ↗
Colorado AI Act
US-CO
View official text ↗
CFAA
United States Federal
View official text ↗
Connecticut Data Privacy Act Amendments
US-CT
View official text ↗
ePrivacy Directive
European Union
View official text ↗
EU AI Act - High Risk Provisions
EU
View official text ↗
FAA
United States Federal
View official text ↗
FTC Act Section 5
United States Federal
View official text ↗
GDPR
European Union
View official text ↗
Indiana Consumer Data Protection Act
US-IN
View official text ↗
Kentucky Consumer Data Protection Act
US-KY
View official text ↗
Texas AI Act
Texas, USA
View official text ↗
Trump Executive Order on AI Policy Framework
US
View official text ↗
Universal Opt-Out Mechanism Expansion 2026
US
View official text ↗

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Frequently Asked Questions

What Windsurf documents does ConductAtlas track?

ConductAtlas tracks 4 Windsurf documents including terms of service, privacy policy, and other governance documents. Every document is captured daily with cryptographic verification.

How many policy changes has Windsurf made in the past year?

Windsurf has made 14 policy changes in the past 12 months across the documents ConductAtlas tracks, including 1 classified as high severity.

How many provisions has ConductAtlas classified for Windsurf?

ConductAtlas has classified 60 provisions across Windsurf's tracked documents. 8 are rated high severity, 44 medium, and 8 low.

Can I get alerts when Windsurf changes their policies?

Yes. Monitor subscribers ($4.99/month) can add Windsurf to their watchlist and receive same-day email alerts whenever any tracked document changes.