“If you are an Enterprise customer, we will never train on your data without your express prior written consent.”
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
This clause establishes an absolute prohibition on model training using Enterprise customer data absent express prior written consent, providing a stronger protection than the default opt-out available to paid plan users.
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.
View change record →Enterprise customers' data will not be used for model training unless they have given express prior written consent.
How other platforms handle this
We use this information to: (i) fulfill your requests and process payments...and (ii) detect or prevent fraud, abuse, or other harmful activities.
We rely on this legal basis where the processing is necessary to comply with legal or regulatory obligations.
Lyft may process the personal information of teen users between the ages of 13 and 17...Where Lyft processes such personal information, it will do so in accordance with this policy, any applicable service terms...
"If you are an Enterprise customer, we will never train on your data without your express prior written consent.Excerpt from Windsurf's Security at Cognition
We read the privacy policies and terms of service of 38 AI platforms. Here is what they say about training, retention, arbitration, and liability.
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This clause establishes an absolute prohibition on model training using Enterprise customer data absent express prior written consent, providing a stronger protection than the default opt-out available to paid plan users.
Enterprise customers' data will not be used for model training unless they have given express prior written consent.
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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