“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...”
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 that customers hold intellectual property rights in Devin's output, enabling commercial use without a separate licensing step.
Interpretive note: The excerpt contains an exception for use of output to train competing or reverse-engineering models; that exception is treated as a separate clause (61041) and is recorded in omitted_material. The phrase 'is considered' may indicate a characterisation rather than a definitive legal assignment of title, which introduces some interpretive uncertainty.
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 →Readers own the intellectual property in code, work product, or other output that Devin produces and may use it for commercial purposes.
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"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...Excerpt from Windsurf's Security at Cognition
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This clause establishes that customers hold intellectual property rights in Devin's output, enabling commercial use without a separate licensing step.
Readers own the intellectual property in code, work product, or other output that Devin produces and may use it for commercial purposes.
ConductAtlas has identified this type of provision across 250 platforms. See the full comparison.
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