Windsurf · Windsurf Security & Data Handling · View original document ↗

Devin output is customer intellectual property

High severity Medium confidence Explicitdocumentlanguage Common · 257 of 352 platforms
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Recent governance activity Windsurf recorded 6 documented changes in the last 30 days.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause establishes that customers hold intellectual property rights in Devin's output, enabling commercial use without a separate licensing step.

Interpretive note: The excerpt contains an exception for use of output to train competing or reverse-engineering models; that exception is treated as a separate clause (61041) and is recorded in omitted_material. The phrase 'is considered' may indicate a characterisation rather than a definitive legal assignment of title, which introduces some interpretive uncertainty.

Recent Activity

This document changed recently

High Jul 6, 2026

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.

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Medium Jun 23, 2026

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 →

Consumer impact (what this means for users)

Readers own the intellectual property in code, work product, or other output that Devin produces and may use it for commercial purposes.

How other platforms handle this

Segment Medium

Any intellectual property rights vested by Twilio under this Agreement will include the rights set forth in Article 27 (Right of Adaptation) and 28 (Original Author's Right in Derivative Works) of the Copyright Act of Japan...

Upwork Medium

We keep all of our rights to our intellectual property, even though we let you use our services. Our logos and names are our trademarks and registered in certain jurisdictions.

Wise Medium

Remove, obscure, or alter any notice of any of our trademarks, or other Intellectual Property appearing on or contained within the Services or on any Wise Materials.

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▸ View Original Clause Language DOCUMENT RECORD
"
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...

— Excerpt from Windsurf's Windsurf Security & Data Handling

Provision details

Document information
Document
Windsurf Security & Data Handling
Entity
Windsurf
Document last updated
May 11, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-061039
Document ID
CA-D-00783
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
87e0c922df6f81ddd3b0b0cd1a4c89e032f31245c90a31c47bfc8fc12173717b
Analysis generated
July 9, 2026 07:22 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Security & Data Handling
Record ID: CA-P-061039
Captured: 2026-07-09 07:22:40 UTC
SHA-256: 87e0c922df6f81dd…
URL: https://conductatlas.com/platform/windsurf/windsurf-security-data-handling/provision/CA-P-061039/devin-output-is-customer-intellectual-property/
Accessed: July 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Windsurf's Devin output is customer intellectual property clause do?

This clause establishes that customers hold intellectual property rights in Devin's output, enabling commercial use without a separate licensing step.

How does this clause affect you?

Readers own the intellectual property in code, work product, or other output that Devin produces and may use it for commercial purposes.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 257 platforms. See the full comparison.

Is ConductAtlas affiliated with Windsurf?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.