What can I do about this clause?

{'method': 'IN_APP', 'recipient': 'User Settings pane in your Windsurf profile page', 'difficulty': 'EASY', 'action_type': 'OPT_OUT_ARBITRATION', 'instructions': 'Open Windsurf, go to your profile page, navigate to the User Settings pane, and change the code sharing options to opt out of Autocomplete data training. This preserves your autocomplete functionality while stopping data use for model training.', 'deadline_days': None, 'deadline_hours': None}

Which regulatory agencies enforce this type of clause?

{'agency': 'FTC', 'reason': 'The FTC has authority over data collection and use practices that may constitute unfair or deceptive practices under Section 5, including default opt-in AI training data collection.', 'complaint_url': 'https://reportfraud.ftc.gov/'}

What is the severity of this clause?

ConductAtlas classifies this Autocomplete Data Training with Opt-Out clause as medium severity. Severity reflects the magnitude of rights affected, the breadth of users impacted, and the degree of discretion the platform retains.

Autocomplete Data Training with Opt-Out — Windsurf

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What it is

Code you write using Windsurf's autocomplete feature is used to train Windsurf's AI ranking models, but you can opt out in settings without losing the autocomplete feature — unlike Chat.

Consumer impact (what this means for users)

Autocomplete User Content — including potentially proprietary or sensitive code — is used by default to train Windsurf's discriminative ML models, but users can opt out of this training in User Settings without losing access to the autocomplete feature, providing a genuine privacy option.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.

Opt Out of Arbitration

Open Windsurf, go to your profile page, navigate to the User Settings pane, and change the code sharing options to opt out of Autocomplete data training. This preserves your autocomplete functionality while stopping data use for model training.

Cross-platform context

See how other platforms handle Autocomplete Data Training with Opt-Out and similar clauses.

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Why it matters (compliance & risk perspective)

Unlike the Chat opt-out, opting out of Autocomplete data training does not disable the autocomplete feature, making this a meaningful privacy choice users can exercise without losing core functionality.

View original clause language

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... 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.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision implicates CCPA §1798.120 (right to opt out of sharing personal information for cross-context behavioral advertising or commercial purposes) if autocomplete content constitutes personal information used for commercial model improvement. GDPR Art. 6(1)(a) consent and Art. 9 (if code contains sensitive data) apply to EU users. The distinction between discriminative and generative model training is a material technical disclosure that may satisfy GDPR transparency obligations under Art. 13. (2)

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Applicable agencies

FTC

The FTC has authority over data collection and use practices that may constitute unfair or deceptive practices under Section 5, including default opt-in AI training data collection.
File a complaint →

Provision details

Document information

Document

Windsurf Terms of Service

Entity

Windsurf

Document last updated

April 29, 2026

Tracking information

First tracked

April 30, 2026

Last verified

April 30, 2026

Record ID

CA-P-004078

Document ID

CA-D-00487

Evidence Provenance

Source URL

https://codeium.com/terms-of-service-individual

Wayback Machine

View archived versions →

SHA-256

00ec2ae906a7a237f79cd586583ef2cf26f4725d380b3677eb3b6e7fd4d293ef

Verified

✓ Snapshot stored ✓ Change verified

How to Cite

ConductAtlas Policy Archive
Entity: Windsurf | Document: Windsurf Terms of Service | Record: CA-P-004078
Captured: 2026-04-30 05:54:22 UTC | SHA-256: 00ec2ae906a7a237…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/autocomplete-data-training-with-opt-out/
Accessed: May 2, 2026

Classification

Severity

Medium

Autocomplete Data Training with Opt-Out