Get the weekly 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. No account.
The document states that enterprise customers are subject to a stricter standard under which Cognition will not use their data for model training without express prior written consent, with specific terms deferred to the individual enterprise agreement.
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 higher consent threshold for enterprise customers relative to other paid tiers, requiring affirmative written authorization before any training use. The deferral to individual enterprise agreements means the specific scope and enforceability of this commitment may vary by contract.
Interpretive note: The specific scope and enforceability of this protection depend on individual enterprise agreement language, which is not included in this document.
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, enterprise customers retain a contractual protection against model training use of their data absent express prior written consent. The specific conditions and scope of this protection are governed by the individual enterprise agreement with Cognition rather than this disclosure alone.
Cross-platform context
See how other platforms handle Enterprise Express Written Consent for Model Training and similar clauses.
Compare across platforms →Monitoring
Windsurf has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 20 platforms.
"If you are an Enterprise customer, we will never train on your data without your express prior written consent. Please refer to the terms in your agreement with Cognition for details.Excerpt from Windsurf's Security & Data Handling
(1) REGULATORY LANDSCAPE: This provision engages GDPR consent requirements, particularly the standard for explicit consent under Article 9 where personal data is involved, and may also engage CCPA/CPRA for California-based enterprise customers. The deferral to individual agreement terms means regulatory compliance depends on the specific contract language in place. (2) GOVERNANCE EXPOSURE: Medium. The protection is meaningful but its enforceability and scope depend on the enterprise agreement language, which is not disclosed in this document. Organizations should verify the specific consent provisions in their executed agreements. (3) JURISDICTION FLAGS: EU/EEA enterprise customers should confirm that their agreements satisfy GDPR's written consent standards and that the consent mechanism is documented and revocable. Healthcare or financial services enterprises may face additional regulatory requirements for data used in AI training. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should review executed enterprise agreements to confirm the express written consent clause is present and clearly scoped. Agreements that lack explicit training use restrictions may not benefit from the protection described in this disclosure. Any amendments or renewals should address whether consent has been granted or withheld. (5) COMPLIANCE CONSIDERATIONS: Legal teams should document whether written consent for training use has been granted or withheld in enterprise agreements and maintain records accordingly. Organizations that have not affirmatively addressed training consent in their agreements should seek clarification from Cognition prior to deployment.
This provision establishes a higher consent threshold for enterprise customers relative to other paid tiers, requiring affirmative written authorization before any training use. The deferral to individual enterprise agreements means the specific scope and enforceability of this commitment may vary by contract.
Under this provision, enterprise customers retain a contractual protection against model training use of their data absent express prior written consent. The specific conditions and scope of this protection are governed by the individual enterprise agreement with Cognition rather than this disclosure alone.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.