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 the default model training data use is reversible for paid plan users, and that opting out triggers both a training exclusion and a Zero Data Retention arrangement with model providers.
Interpretive note: The Zero Data Retention consequence is a secondary independent legal effect recorded in omitted_material; it was included in the canonical claim because it is directly triggered by the opt-out action and is not separable from the primary proposition without material loss of accuracy.
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 →Paid plan readers may stop their data from being used for model training at any time by opting out in Data Controls, which also activates Zero Data Retention with Windsurf's model providers.
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"If you're on a paid plan, you can opt out at any time on the Data Controls settings page. After you opt out, your data will not be used for training and Zero Data Retention will be enabled with our model providers.Excerpt from Windsurf's Security & Data Handling
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This clause establishes that the default model training data use is reversible for paid plan users, and that opting out triggers both a training exclusion and a Zero Data Retention arrangement with model providers.
Paid plan readers may stop their data from being used for model training at any time by opting out in Data Controls, which also activates Zero Data Retention with Windsurf's model providers.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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