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The document states that user data is used for model training by default, with a self-service opt-out available to paid plan users through the Data Controls settings page; on the Teams plan, only administrators may exercise this opt-out.
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 provision establishes a default opt-in structure for model training across non-enterprise paid tiers, requiring affirmative action by the user or administrator to disable. The tiered access to the opt-out mechanism (individual paid users versus Teams administrators) creates a differentiated data governance structure that organizations must account for in their internal access and consent workflows.
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 →Under this provision, user data is processed for model training unless the user (or, on the Teams plan, an administrator) affirmatively opts out via the Data Controls settings page. The agreement states that after opt-out, Zero Data Retention will be enabled with Cognition's model providers.
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"By default, we may use your data for model training purposes to improve and enhance the Services. If you're on a paid plan, you can opt out at any time on the Data Controls settings page. After you opt out, your data will not be used for training and Zero Data Retention will be enabled with our model providers. On the Teams plan, only an administrator can exercise the opt-out.Excerpt from Windsurf's Security & Data Handling
(1) REGULATORY LANDSCAPE: The default opt-in model training provision engages GDPR Article 6 lawful basis requirements and the data minimization principle, as well as CCPA/CPRA opt-out rights for California residents. The FTC Act's standards on unfair or deceptive practices are relevant to the adequacy of disclosure of default data use for training. The document does not specify the legal basis invoked for this processing under GDPR, which may require evaluation for EU-based deployments. (2) GOVERNANCE EXPOSURE: Medium. The default opt-in structure requires that paid users or administrators take affirmative action to prevent training use. Organizations that fail to configure opt-out at deployment may inadvertently permit training use of proprietary code or workflow data processed through Devin. (3) JURISDICTION FLAGS: EU/EEA deployments face heightened exposure due to GDPR requirements for a documented lawful basis and potentially explicit consent for AI training use of personal data. California-based organizations should assess whether the opt-out mechanism satisfies CPRA requirements. The administrator-only opt-out restriction on Teams plans may affect compliance in organizations where individual users hold distinct data rights under applicable law. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm whether their subscription tier includes access to the Data Controls opt-out and verify that the opt-out has been affirmatively exercised prior to deployment. B2B contracts incorporating Devin should specify which plan tier applies and whether opt-out has been configured, as the document places this responsibility on the customer. (5) COMPLIANCE CONSIDERATIONS: Legal teams should conduct a data flow mapping exercise to identify what categories of data (source code, credentials, prompts) may be processed and potentially used for training under the default configuration. Organizations subject to GDPR should evaluate whether a legitimate interests assessment or consent mechanism is required for this processing and whether existing Data Processing Agreements with Cognition address this use.
This provision establishes a default opt-in structure for model training across non-enterprise paid tiers, requiring affirmative action by the user or administrator to disable. The tiered access to the opt-out mechanism (individual paid users versus Teams administrators) creates a differentiated data governance structure that organizations must account for in their internal access and consent workflows.
Under this provision, user data is processed for model training unless the user (or, on the Teams plan, an administrator) affirmatively opts out via the Data Controls settings page. The agreement states that after opt-out, Zero Data Retention will be enabled with Cognition's model providers.
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