The document asserts that users own code generated by Windsurf products to the extent permitted by law, and discloses that attribution filtering is applied to intercept generated code similar to non-permissively licensed code before it is shown to users. The document also acknowledges limitations in making representations about third-party model training data.
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 the scope of the ownership assertion and the technical mechanism used to reduce non-permissive license exposure, while acknowledging that representations cannot be made about third-party model training data. Enterprise customers are offered indemnity clauses as a complementary contractual protection for compliance purposes.
Interpretive note: The legal enforceability and scope of the ownership assertion depends on jurisdiction-specific AI copyright law, which remains an area of active legal development in multiple jurisdictions.
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, the agreement asserts user ownership of generated code subject to applicable law, and discloses that attribution filtering is applied automatically for all users on all plans. The document acknowledges that the platform cannot guarantee the training data composition of third-party underlying models, which may affect the scope of the ownership and compliance representations.
How other platforms handle this
Microsoft reserves the right to restrict the export of data that may compromise the security of the services or Microsoft's intellectual property.
Datadog reserves the right, but does not assume the obligation, to investigate any violation of these Terms or misuse of the Site.
Pharmaceutical products
"You own all of the code generated by Windsurf's products, to the extent permitted by law. To the best of our ability, we have sanitized any of the public data that we use for training by removing any non-permissively licensed code, or code that is similar to the non-permissively licensed code via Jaccardian edit-distance. Any generated code that is similar to non-permissively licensed code is intercepted and not shown to the user to minimize any chances of non-permissive code being accepted by an unaware user.Excerpt from Windsurf's Security & Data Handling
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This provision establishes the scope of the ownership assertion and the technical mechanism used to reduce non-permissive license exposure, while acknowledging that representations cannot be made about third-party model training data. Enterprise customers are offered indemnity clauses as a complementary contractual protection for compliance purposes.
Under this clause, the agreement asserts user ownership of generated code subject to applicable law, and discloses that attribution filtering is applied automatically for all users on all plans. The document acknowledges that the platform cannot guarantee the training data composition of third-party underlying models, which may affect the scope of the ownership and compliance representations.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.