Windsurf · Windsurf Terms of Service · View original document ↗

Autocomplete Data for Discriminative Model Training

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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Recent governance activity Windsurf recorded 7 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)

The provision establishes a restricted use framework for user-generated autocomplete data, distinguishing between permissible discriminative applications and prohibited generative applications. This operational distinction defines the scope of data utilization for model improvement while preserving user control through opt-out mechanisms.

Recent Activity

This document changed recently

Medium Jul 1, 2026

The updated terms indicate that Windsurf is now operating as the Cognition Platform under Cognition AI, Inc., replacing the prior Exafunction, Inc. structure. The revised terms state that prior terms continue to govern use for 30 days from the posting date (July 1, 2026), and that continued access after that period constitutes acceptance of the updated terms. Users who do not agree with the new terms are instructed to stop using or accessing the Services. The specific substantive changes to user rights, data collection, fees, or service functionality are not detailed in the provided change summary.

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Consumer impact (what this means for users)

Users' Autocomplete User Content may be used for discriminative model training by default unless the user modifies settings to opt out. If a user does not opt out, anonymized autocomplete data will be retained and used for training discriminative models that rank code generations.

How other platforms handle this

Mistral AI Medium

Data publicly available on the Internet. Our artificial intelligence models are trained on data that is publicly available on the Internet by third parties, which may contain personal data, even if we use good practices to filter out such personal data. [...] Training Datasets. In some cases, we acc...

DeepL Medium

To improve the quality of our services, we analyse texts submitted for translation. We ensure that this analysis cannot be traced back to individual users by anonymising the data before analysis. DeepL Pro subscribers' texts are not used to train our machine translation systems.

OpenAI Medium

Only models with a post-mitigation score of "medium" or below can be deployed. Only models with a post-mitigation score of "high" or below can be developed further.

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▸ View Original Clause Language DOCUMENT RECORD
"
We may use your Autocomplete User Content to improve our discriminative machine learning models, which are models that rank or assign scores to code generations in order to understand the boundaries between different sets of code. We will never use your Autocomplete User Content to improve generative machine learning models, which are models that are able to generate code directly based on studying existing code generations, for Autocomplete or other services. Any Autocomplete User Content used for training our discriminative machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Autocomplete User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models.

— Excerpt from Windsurf's Windsurf Terms of Service

Applicable regulations

EU AI Act
European Union
California AB 2013 AI Training Data Transparency
US-CA
Colorado AI Act
US-CO
EU AI Act - High Risk Provisions
EU
GDPR
European Union
Texas AI Act
Texas, USA
Trump Executive Order on AI Policy Framework
US

Provision details

Document information
Document
Windsurf Terms of Service
Entity
Windsurf
Document last updated
May 5, 2026
Tracking information
First tracked
April 30, 2026
Last verified
May 12, 2026
Record ID
CA-P-010263
Document ID
CA-D-00487
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
00ec2ae906a7a237f79cd586583ef2cf26f4725d380b3677eb3b6e7fd4d293ef
Analysis generated
April 30, 2026 05:54 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Terms of Service
Record ID: CA-P-010263
Captured: 2026-04-30 05:54:22 UTC
SHA-256: 00ec2ae906a7a237…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/autocomplete-data-for-discriminative-model-training/
Accessed: July 4, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Windsurf's Autocomplete Data for Discriminative Model Training clause do?

The provision establishes a restricted use framework for user-generated autocomplete data, distinguishing between permissible discriminative applications and prohibited generative applications. This operational distinction defines the scope of data utilization for model improvement while preserving user control through opt-out mechanisms.

How does this clause affect you?

Users' Autocomplete User Content may be used for discriminative model training by default unless the user modifies settings to opt out. If a user does not opt out, anonymized autocomplete data will be retained and used for training discriminative models that rank code generations.

Is ConductAtlas affiliated with Windsurf?

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