Provision record
Windsurf · Cognition Platform Terms of Service · View original document ↗

Customer Data Used for Model Training Unless Opted Out

High severity High confidence Common · 273 of 352 platforms

Key Facts · in the document’s own words

What may Windsurf use Customer Data for?
“Cognition may use Customer Data for model training purposes and to improve and enhance the Services. If you subscribe to a paid Service Tier, you may opt out of this use ("Opt-Out").”
Version CA-V-006787, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
Windsurf may use Customer Data for model training and to improve and enhance the Services, with paid-tier subscribers able to opt out of that use.
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This analysis describes what Windsurf's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Customer Data may be used to train Windsurf's AI models by default; the opt-out right exists only for paid-tier subscribers, meaning free-tier customers have no opt-out mechanism.

Consumer impact (what this means for users)

Your Customer Data may be used for model training and service improvement; you can opt out only if you subscribe to a paid Service Tier.

How other platforms handle this

Shopify Medium

This information helps us to provide and improve Shop, to personalize your experience using our apps and services, and to determine if you are eligible for specific offers or payment methods.

Stripe Medium

Subject to applicable law, including any consent requirements, we may advertise through interest-based advertising and track the efficacy of such ads.

Pinterest Medium

To provide the Service, we need to be able to identify you and your interests, and we use your personal data to do this.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
Cognition may use Customer Data for model training purposes and to improve and enhance the Services. If you subscribe to a paid Service Tier, you may opt out of this use ("Opt-Out").

Excerpt from Windsurf's Cognition Platform Terms of Service

Applicable regulations

EU AI Act
European Union
CCPA/CPRA
California, USA
Colorado AI Act
US-CO
ePrivacy Directive
European Union
EU AI Act - High Risk Provisions
EU
FTC Act Section 5
United States Federal
GDPR
European Union

Provision details

Document information
Document
Cognition Platform Terms of Service
Entity
Windsurf
Date stated by the document
June 30, 2026
As printed in Windsurf’s text (version CA-V-006787), not a ConductAtlas date.
Tracking information
First captured by ConductAtlas
April 29, 2026
Text quoted from version
CA-V-006787, captured Sept. 11, 2026
Record ID
CA-P-047530
Document ID
CA-D-000487
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-006787)
325f932fce06d8e7edd00509f43f011ca64d49a61a1ff9a7e7211946379a8f72
Analysis generated
July 9, 2026 04:42 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-006787, captured Sept. 11, 2026 (checked Oct. 5, 2026)
Citation Record
Entity: Windsurf
Document: Cognition Platform Terms of Service
Record ID: CA-P-047530
Version: CA-V-006787
Captured: 2026-09-11 00:59:12 UTC
SHA-256: 325f932fce06d8e7…
URL: https://conductatlas.com/platform/windsurf/cognition-platform-terms-of-service/provision/CA-P-047530/customer-data-used-for-model-training-unless-opted-out/
Accessed: Oct. 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Windsurf's Customer Data Used for Model Training Unless Opted Out clause do?

Customer Data may be used to train Windsurf's AI models by default; the opt-out right exists only for paid-tier subscribers, meaning free-tier customers have no opt-out mechanism.

How does this clause affect you?

Your Customer Data may be used for model training and service improvement; you can opt out only if you subscribe to a paid Service Tier.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.

Is ConductAtlas affiliated with Windsurf?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.