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
35 All provisions 4 High severity 29 Medium severity 2 Low severity
6 Changes · 12 mo
Jun 13, 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.

Governance Coverage
Privacy Rights
22 provisions · 3 high · 17 med
Data Sharing
7 provisions · 7 med
Data Retention
5 provisions · 4 med
Ai Automated
5 provisions · 3 high · 2 med
Platform Discretion
5 provisions · 2 high · 3 med
Content Moderation
4 provisions · 4 med
Data Collection
3 provisions · 3 med
Liability Limitation
3 provisions · 2 high · 1 med
Arbitration
3 provisions · 3 high
Data Usage
2 provisions · 2 med
Quick Facts
Arbitration: Mandatory
AI Training: Disclosed (high impact)
Data Retention: Specified
Class Action: Waived
Key Governance Provisions
High Chat User Content AI Training with Service-Disabling Opt-Out

The agreement conditions opt-out from AI model training on loss of Chat Service access entirely, meaning users cannot retain both privacy from model training and full service functionality simultaneo…

High Mandatory Individual Arbitration and Class Action Waiver

This provision requires disputes to proceed through individual arbitration, which eliminates the ability to join a class action or representative proceeding against Exafunction, potentially limiting …

High Enterprise Administrator Access to User Prompts and Outputs

This provision states that employer-side administrators have potential access to individual users' Prompts and Outputs, which may include sensitive code, business logic, or personal queries entered d…

High AI Model Training Using Prompts and Outputs

This provision states that content users enter into Windsurf, which may include proprietary code, sensitive queries, or personal information, can be retained and used to train the company's AI system…

High Chat User Content Used for AI Model Training

The clause establishes the operational scope of data use for model improvement and specifies the mechanism for users to restrict such use, while conditioning service access on acceptance of the train…

Document Coverage
Enterpriseterms Privacypolicy Termsofservice
Last change detected: Jun 13, 2026 Changes (12 months): 6 Documents monitored: 4 Provisions tracked: 35
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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 is Windsurf's security and privacy disclosure covering how the company handles code data, model inference, subprocessors, and deployment options for its AI code assistant products. For individual users on …

Last updated May 11, 2026 · Privacy policy
7 provisions 3 versions captured Version history →

Windsurf Terms of Service

High

This document establishes the terms of service for Windsurf, an AI coding assistant provided by Exafunction, Inc., covering individual and Pro user accounts and the Autocomplete and Chat features. The …

Last updated May 5, 2026 · Terms of service
10 provisions 4 versions captured Version history →

Windsurf Privacy Policy

Medium

This document establishes Windsurf's data collection and usage practices for users of its AI-powered coding tool, website, and IDE extension provided by Exafunction, Inc. The policy authorizes collection of user-submitted …

Last updated May 5, 2026 · Privacy policy
10 provisions 4 versions captured Version history →
📈 Policy Drift Analysis View all changes →

Low Severity Provisions (0)

No provisions found.

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

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 6 policy changes in the past 12 months across the documents ConductAtlas tracks.

How many provisions has ConductAtlas classified for Windsurf?

ConductAtlas has classified 35 provisions across Windsurf's tracked documents. 4 are rated high severity, 29 medium, and 2 low.

Can I get alerts when Windsurf changes their policies?

Yes. Monitor subscribers ($19/month) can add Windsurf to their watchlist and receive same-day email alerts whenever any tracked document changes.