“...with the exception of using the output to train models that would attempt to reverse engineer and/or build a competing product to Devin.”
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 a specific restriction on the otherwise customer-owned output of Devin, carving out competitive and reverse-engineering uses from the permitted intellectual property rights.
Interpretive note: The excerpt is structured as an exception clause ('with the exception of...') and appears to be a carve-out from a broader permission grant in clause 61039. Read in isolation, the phrasing implies a prohibition, but the full syntactic context of the parent sentence is not present in the excerpt, introducing minor 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 may not use Devin's output to train models designed to reverse-engineer Devin or create a competing product, even though Devin's output is otherwise their intellectual property.
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"...with the exception of using the output to train models that would attempt to reverse engineer and/or build a competing product to Devin.Excerpt from Windsurf's Security at Cognition
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This clause establishes a specific restriction on the otherwise customer-owned output of Devin, carving out competitive and reverse-engineering uses from the permitted intellectual property rights.
Readers may not use Devin's output to train models designed to reverse-engineer Devin or create a competing product, even though Devin's output is otherwise their intellectual property.
ConductAtlas has identified this type of provision across 238 platforms. See the full comparison.
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