Windsurf · Windsurf Terms of Service

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

High severity
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What it is

Windsurf uses everything you type into the Chat feature — your code, questions, and prompts — to train its AI models. If you want to stop this, you lose access to the Chat feature entirely.

Consumer impact (what this means for users)

Users' Chat content — potentially including proprietary code, business logic, and sensitive inputs — is used to train Windsurf's generative AI models by default, and exercising the opt-out right completely disables the Chat/Cascade service, effectively penalizing privacy-conscious users.

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
    Go to your profile page in the Windsurf app, open the User Settings pane, and change the code sharing options to opt out of Chat data training. Be aware that this will disable your access to Chat/Cascade services.

Cross-platform context

See how other platforms handle Chat Data Used for AI Training — Opt-Out Disables Service and similar clauses.

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Why it matters (compliance & risk perspective)

This creates a coercive 'all-or-nothing' choice: either allow your code and chat content to train commercial AI models, or lose a core product feature. There is no middle ground where you can use Chat without contributing your data to AI training.

View original clause language
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.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: This provision directly implicates GDPR Art. 7(4) (freely given consent — consent tied to service access is presumed not freely given), Art. 6(1)(a) (lawfulness of processing based on consent), and Art. 5(1)(b) (purpose limitation). Under CCPA §1798.120, California residents have the right to opt out of the 'sale' or 'sharing' of personal information; if Chat content constitutes personal information used in AI training that confers commercial benefit, this opt-out mechanism may be inadequate. The FTC Act Section 5 framework applies to conditioning privacy rights on service forfeiture. The EU AI Act (Regulation 2024/1689) may impose additional transparency and data governance obligations on AI systems using user-generated training data. (2)

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Applicable agencies

  • FTC
    The FTC has authority under Section 5 of the FTC Act over unfair or deceptive data practices, including conditioning privacy rights on loss of core service functionality.
    File a complaint →
  • State AG
    California AG has enforcement authority over CCPA violations, including inadequate opt-out mechanisms for personal data used in AI model training.
    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-004074
Document ID
CA-D-00487
Evidence Provenance
Source URL
Wayback Machine
SHA-256
00ec2ae906a7a237f79cd586583ef2cf26f4725d380b3677eb3b6e7fd4d293ef
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Windsurf | Document: Windsurf Terms of Service | Record: 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: May 2, 2026
Classification
Severity
High
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