24 Total
7 High severity
12 Medium severity
5 Low severity

Key Facts · in the document’s own words

Does Windsurf retain data processed through Devin only for the duration of the relationship with a given customer?
“Cognition only retains data processed through Devin for the duration of the relationship with a given Customer, unless otherwise specified by the Customers.”
Version CA-V-007341, captured Oct. 4, 2026 · live source ↗
Our reading, not the document’s words
Windsurf retains data processed through Devin only for the duration of the relationship with a given customer, unless otherwise specified by the customer.
May Windsurf use customer data for model training purposes?
“By default, we may use your data for model training purposes to improve and enhance the Services.”
Version CA-V-007341, captured Oct. 4, 2026 · live source ↗
Our reading, not the document’s words
Windsurf may, by default, use customer data for model training purposes to improve and enhance the Services.
What does Windsurf consider the code, work product, or other output produced by Devin to be?
“The output — code, work product, or other — produced by Devin is considered the user's intellectual property and can be used for the Customer's commercial purposes...”
Version CA-V-007341, captured Oct. 4, 2026 · live source ↗
Our reading, not the document’s words
Windsurf considers the code, work product, or other output produced by Devin to be the user's intellectual property, available for the customer's commercial purposes.
Will Windsurf train on an Enterprise customer's data without that customer's express prior written consent?
“If you are an Enterprise customer, we will never train on your data without your express prior written consent.”
Version CA-V-007341, captured Oct. 4, 2026 · live source ↗
Our reading, not the document’s words
Windsurf will never train on an Enterprise customer's data without that customer's express prior written consent.
How long does Windsurf retain Feedback Data and User Interaction Data?
“Any Feedback Data and User Interaction Data are retained as long as needed and as determined by Cognition.”
Version CA-V-007341, captured Oct. 4, 2026 · live source ↗
Our reading, not the document’s words
Windsurf retains Feedback Data and User Interaction Data for as long as needed, as determined by Windsurf.
What does Windsurf prohibit using Devin's output for?
“...with the exception of using the output to train models that would attempt to reverse engineer and/or build a competing product to Devin.”
Version CA-V-007341, captured Oct. 4, 2026 · live source ↗
Our reading, not the document’s words
Windsurf prohibits using Devin's output to train models that would attempt to reverse-engineer or build a competing product to Devin.
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Summary

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 you are on a paid plan you can turn this off at any time in Data Controls. Code and other output that Devin produces belongs to you and can be used for commercial purposes, though you cannot use it to build a competing product or reverse-engineer Devin.

Analysis

This document establishes Windsurf's data handling, retention, and usage obligations with respect to its Devin product and associated services. By default, Windsurf may use customer data for model training to improve its services, though paid plan users may opt out at any time via Data Controls, which also triggers Zero Data Retention with Windsurf's model providers; Enterprise customers are fully protected by an absolute prohibition on model training absent express prior written consent. Windsurf retains Feedback Data and User Interaction Data for as long as it unilaterally determines necessary, while data processed through Devin is retained only for the duration of the customer relationship unless the customer specifies otherwise. Output produced by Devin is treated as the customer's intellectual property available for commercial use, subject to a carve-out prohibiting its use to reverse-engineer Devin or build a competing product. Windsurf applies a least-privilege access model to its AWS production environment and limits Devin's Slack data access to information explicitly shared within tagged interactions.

What this means for you

As an ordinary user, your data is used by default for model training to improve Windsurf's services. If you are on a paid plan, you can opt out of this at any time by going to the Data Controls settings page, which will stop your data from being used for training and enable Zero Data Retention with Windsurf's model providers. Windsurf retains Feedback Data and User Interaction Data for as long as it determines necessary, with no fixed maximum period. Devin's output belongs to you for commercial use, but you may not use it to reverse-engineer Devin or create a competing product.

Institutional Analysis
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1 important change detected

9 versions captured · Latest change detected by ConductAtlas: July 2026

What changed Windsurf changed its default data handling for model training. Previously, the company did not use customer data for model training unless users explicitly opted in. Under the updated terms, the company may use customer data for model training by default to improve services. Paid plan users can opt out at any time, and Enterprise customers require express written consent before any training use.
Why this matters The updated terms establish a default permission for Windsurf to use customer data for model training to improve services. Previously, the company required explicit opt-in before any training use. Paid plan users can now opt out at any time through the Data Controls settings page, after which their data will not be used for training and Zero Data Retention will be enabled with model providers. Enterprise customers must provide express prior written consent before any training use occurs. Teams plan users cannot opt out individually; only administrators can exercise this right.
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Name corrected
Clauses withheld

We withheld clauses we had published from this document. Each withholding is recorded in our correction log:

Featured, High severity
Featured, Medium severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

24 provisions
12 featured
9 clause types
7 high severity
Intellectual Property 1 1 high
Privacy Rights 1 1 high
Restricted or Prohibited Content/Industries 1 1 high
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Archival ProvenanceSource & Archival Record
This version captured October 4, 2026 00:59 UTC
Last successful capture October 13, 2026 00:55 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000783
Version ID CA-V-007341
SHA-256 (extracted text, extractor v5) ee4e2b083d2751dab915532c0cbf9d06aeaab559a7812db6f6d5f6e086f2b475
Archived bytes SHA-256 (anchor) 05edda171cc1c200c61b6089b90d27db45537319bc10f5fd8fdfa1a5caaa27fe
✓ Snapshot stored ✓ Archived bytes anchored (verified Oct. 4, 2026)

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