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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"Cognition uses Customer data to: Deliver, maintain and update services provided to the Customer per their configuration and type of Devin access...Excerpt from Windsurf's Security at Cognition
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The clause states: “Cognition uses Customer data to: Deliver, maintain and update services provided to the Customer per their configuration and type of Devin access...”
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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