The document states that output produced by Devin is treated as the user's intellectual property for commercial purposes, subject to a restriction prohibiting use of that output to train models that reverse engineer or compete with 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 provision asserts a use restriction on output that would otherwise be characterized as user-owned intellectual property. The restriction on training competing models using Devin output may require legal evaluation in open-source deployment contexts or where users intend to develop adjacent AI tooling.
Interpretive note: The scope of 'competing product to Devin' is not defined in the document, creating interpretive uncertainty regarding what downstream uses of output are restricted.
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 clause, users hold intellectual property rights to Devin-generated output and may use it for commercial purposes, but the agreement restricts use of that output specifically for training models that would compete with or reverse engineer Devin. The enforceability of this restriction on downstream use of user-owned output may vary by jurisdiction.
Cross-platform context
See how other platforms handle Intellectual Property Ownership and Output Restriction and similar clauses.
Compare across platforms →"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, 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 & Data Handling
(1) REGULATORY LANDSCAPE: This provision engages intellectual property law, including copyright and trade secret frameworks, and may interact with competition law in certain jurisdictions.
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This provision asserts a use restriction on output that would otherwise be characterized as user-owned intellectual property. The restriction on training competing models using Devin output may require legal evaluation in open-source deployment contexts or where users intend to develop adjacent AI tooling.
Under this clause, users hold intellectual property rights to Devin-generated output and may use it for commercial purposes, but the agreement restricts use of that output specifically for training models that would compete with or reverse engineer Devin. The enforceability of this restriction on downstream use of user-owned output may vary by jurisdiction.
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