Windsurf · Windsurf Terms of Service · View original document ↗

Chat Data Used for AI Training — Opt-Out Disables Service

High severity Unique · 0 of 343 platforms
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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 conditional structure where the data training practice and service access are linked operationally—the terms require users to accept data use for model training as a condition of Chat Services access, or alternatively to forgo Chat Services entirely if they decline the data use.

Consumer impact (what this means for users)

Users who continue using Chat Services operate under terms that authorize their Chat User Content to be incorporated into model training processes (with PII removed). Users who wish to prevent this data use must disable Chat Services through the settings mechanism; the terms do not provide a third option to use Chat Services while declining the training data use.

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.

Roblox Medium

We are simplifying our Terms of Use, including clarifications around the use of AI tools, and their data use. We have moved the terms that describe AI Features, which were previously written for a Creator audience and located under the AI-Based Tools Supplemental Terms and Disclaimer, into the User ...

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▸ View Original Clause Language DOCUMENT RECORD
"
We may use your Chat User Content to improve the generative and discriminative machine learning models we use. Any Chat User Content used for training our machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Chat 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, you will not have access to Chat Services. "Chat User Content" mean User Content provided to the Service in the operation of the Cascade or Chat features.

— 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-004074
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-004074
Captured: 2026-04-30 05:54:22 UTC
SHA-256: 00ec2ae906a7a237…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/chat-data-used-for-ai-training-opt-out-disables-service/
Accessed: June 18, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

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Frequently Asked Questions

What does Windsurf's Chat Data Used for AI Training — Opt-Out Disables Service clause do?

The provision establishes a conditional structure where the data training practice and service access are linked operationally—the terms require users to accept data use for model training as a condition of Chat Services access, or alternatively to forgo Chat Services entirely if they decline the data use.

How does this clause affect you?

Users who continue using Chat Services operate under terms that authorize their Chat User Content to be incorporated into model training processes (with PII removed). Users who wish to prevent this data use must disable Chat Services through the settings mechanism; the terms do not provide a third option to use Chat Services while declining the training data use.

Is ConductAtlas affiliated with Windsurf?

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