Windsurf · Windsurf Terms of Service

Content Monitoring and Surveillance Rights

Medium severity
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What it is

Windsurf can monitor, record, and copy anything you transmit through their service at any time, but claims no responsibility for the content they monitor.

Consumer impact (what this means for users)

Windsurf can monitor and record all content you transmit through the platform at any time without specific notice, which means sensitive code, credentials, or proprietary information submitted through the service may be examined and retained under the company's Privacy Policy.

Cross-platform context

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Why it matters (compliance & risk perspective)

Exafunction reserves broad surveillance rights over all transmitted content — including your code and prompts — while simultaneously disclaiming any obligation to protect users from harmful content they observe.

View original clause language
Exafunction does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Exafunction reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service. If at any time Exafunction chooses to monitor the content, then Exafunction still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Broad content monitoring by a service provider implicates the Electronic Communications Privacy Act (ECPA, 18 U.S.C. §§ 2510-2523) — the service provider exception (18 U.S.C. § 2511(2)(a)(i)) permits monitoring of communications for service operation, but the scope of 'examine, record, copy, and use' goes beyond operational monitoring. GDPR Art. 5(1)(c) data minimization principles and Art. 13 transparency obligations apply to EU users. California CCPA notification requirements apply if monitored content constitutes personal information. (2)

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Applicable agencies

  • FTC
    The FTC has authority over surveillance and data collection practices that may constitute unfair or deceptive practices under FTC Act Section 5, particularly where monitoring exceeds what is disclosed in the Privacy Policy.
    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-004081
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-004081
Captured: 2026-04-30 05:54:22 UTC | SHA-256: 00ec2ae906a7a237…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/content-monitoring-and-surveillance-rights/
Accessed: May 2, 2026
Classification
Severity
Medium
Categories

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