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
The clause establishes the operational scope of data use for model improvement and specifies the mechanism for users to restrict such use, while conditioning service access on acceptance of the training practice or explicit opt-out election.
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.
View change record →Users' chat content is used for machine learning model training by default under anonymized conditions. Users who wish to prevent this use must affirmatively opt out through settings, with the consequence that Chat Services become unavailable if they exercise this option.
How other platforms handle this
After registration, you may create, upload or transmit files, documents, videos, images, data or information as part of your use of the Service (collectively, "User Content"). This includes any inputs you provide to our AI-powered support tools and outputs generated in response to your inputs. User ...
When you use AI features, any content you input into those features may be used to generate outputs. You are responsible for ensuring that any inputs you provide and outputs you use comply with these Terms and applicable law. Canva does not guarantee that AI-generated outputs will be accurate, relia...
You are responsible for your use of the Services and for any Content, including anything referenced therein, you provide, create, post, or otherwise utilize, including any inputs, prompts, outputs, and/or information obtained or created through the Services.
Monitoring
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"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
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The clause establishes the operational scope of data use for model improvement and specifies the mechanism for users to restrict such use, while conditioning service access on acceptance of the training practice or explicit opt-out election.
Users' chat content is used for machine learning model training by default under anonymized conditions. Users who wish to prevent this use must affirmatively opt out through settings, with the consequence that Chat Services become unavailable if they exercise this option.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.