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 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 own the intellectual property in code, work product, or other output that Devin produces and may use it for commercial purposes.
How other platforms handle this
Any intellectual property rights vested by Twilio under this Agreement will include the rights set forth in Article 27 (Right of Adaptation) and 28 (Original Author's Right in Derivative Works) of the Copyright Act of Japan...
Remove, obscure, or alter any notice of any of our trademarks, or other Intellectual Property appearing on or contained within the Services or on any Wise Materials.
Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access.
"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 & Data Handling
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
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 257 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.