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 provision creates a conditional data governance framework where Pro Users can elect restrictive data practices for standard operations, but the restrictions are suspended when using designated model variants or opt-in features that functionally require data persistence. This structure ties data retention authorization directly to the specific model selection and feature activation.
Interpretive note: The definition of 'Enable' as including features that are 'not disabled' creates ambiguity about whether passive non-disablement of a listed feature triggers storage, which may affect whether users accurately understand when ZDR protection applies.
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 →Pro Users who elect ZDR receive limited data retention for standard code generation workflows, with User Content deleted after Suggestion generation and encrypted during transit. Users who select non-ZDR models or enable persistent-storage features authorize the service provider to retain User Content as necessary to deliver those specific services.
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"For Pro Users, you may elect to place limits on the use of User Content such that User Content (i) is transmitted only to generate code, outputs, or other functions generated in response to input User Content ("Suggestions") in real-time and are deleted once Suggestions are generated; (ii) is not used for any other purpose, including the training of language models; and (iii) is encrypted during transit and is not stored at rest. These limits control over the usage rights referenced in Section 10 above. Notwithstanding the foregoing, if you elect to use a model labeled "(no ZDR)", we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or other information (e.g. Remote Indexing, Memories, Recipes, Web Retrieval, Trajectory Sharing, Deploys, Reviews, Knowledge Base), and for Devin and Exafunction's Forge product, we may store code snippets and/or other information to provide these Services.— Excerpt from Windsurf's Windsurf Terms of Service
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The provision creates a conditional data governance framework where Pro Users can elect restrictive data practices for standard operations, but the restrictions are suspended when using designated model variants or opt-in features that functionally require data persistence. This structure ties data retention authorization directly to the specific model selection and feature activation.
Pro Users who elect ZDR receive limited data retention for standard code generation workflows, with User Content deleted after Suggestion generation and encrypted during transit. Users who select non-ZDR models or enable persistent-storage features authorize the service provider to retain User Content as necessary to deliver those specific services.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.