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
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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"For the web application, Cognition only processes data actively provided by the authorized user prompting Devin.Excerpt from Windsurf's Security at Cognition
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The clause states: “For the web application, Cognition only processes data actively provided by the authorized user prompting Devin.”
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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