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 specific restriction on the otherwise customer-owned output of Devin, carving out competitive and reverse-engineering uses from the permitted intellectual property rights.
Interpretive note: The excerpt is structured as an exception clause ('with the exception of...') and appears to be a carve-out from a broader permission grant in clause 61039. Read in isolation, the phrasing implies a prohibition, but the full syntactic context of the parent sentence is not present in the excerpt, introducing minor 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 may not use Devin's output to train models designed to reverse-engineer Devin or create a competing product, even though Devin's output is otherwise their intellectual property.
How other platforms handle this
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May harm the reputation of Tinder or its affiliates, meaning the uploading or sharing of content on the Tinder platform that is defamatory to Tinder or its affiliates or advocates misuse of the Service...
Therefore, we do not "sell" or "share" data (as defined by applicable law) belonging to minors.
"...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
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This clause establishes a specific restriction on the otherwise customer-owned output of Devin, carving out competitive and reverse-engineering uses from the permitted intellectual property rights.
Readers may not use Devin's output to train models designed to reverse-engineer Devin or create a competing product, even though Devin's output is otherwise their intellectual property.
ConductAtlas has identified this type of provision across 245 platforms. See the full comparison.
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