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 default data retention limit tied to the active customer relationship, with customers holding the ability to specify alternative retention terms.
Interpretive note: The customer's ability to specify alternative retention terms is a secondary independent proposition recorded in omitted_material.
The updated terms establish a default policy permitting Windsurf to use customer data for model training purposes to improve services. Previously, the company required explicit opt-in before any training use. Under the revised policy, data training occurs automatically for free and paid users unless they affirmatively opt out through the Data Controls settings page. Once disabled, the terms state your data will not be used for training and Zero Data Retention will be enabled with model providers. Enterprise customers operate under a different standard, requiring express prior written consent before any training use occurs.
View change record →The updated document establishes explicit commitments about how Windsurf protects data and manages security. The terms state that all data transmission is encrypted in transit and at rest, that access to production systems is restricted to a small number of employees or contractors based on business roles, and that production systems are monitored via logging, error handling, and monitoring dashboards. The document discloses that Windsurf obtained SOC 2 Type II certification as of March 2024 and that all employees and contractors are required to use multi-factor authentication and receive annual security training. These disclosures describe organizational practices rather than establishing new user-facing rights or obligations.
View change record →Readers' data processed through Devin will be retained only for the duration of their customer relationship with Windsurf, unless they specify otherwise.
How other platforms handle this
your measurement data regarding your sleep, readiness, and activity is stored only so long as your Oura account is active.
We may retain your Personal Data for a period of time consistent with the original purpose of collection...or as long as required to fulfill our legal and/or regulatory obligations.
We store your personal information for a period of time that is consistent with the business purposes set forth in Section 3 of this policy or as long as needed to fulfill and comply with legal obligations.
"Cognition only retains data processed through Devin for the duration of the relationship with a given Customer, unless otherwise specified by the Customers.Excerpt from Windsurf's Security & Data Handling
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This clause establishes a default data retention limit tied to the active customer relationship, with customers holding the ability to specify alternative retention terms.
Readers' data processed through Devin will be retained only for the duration of their customer relationship with Windsurf, unless they specify otherwise.
ConductAtlas has identified this type of provision across 275 platforms. See the full comparison.
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