Windsurf uses your chat conversations to train its AI models by default. You can opt out, but doing so will remove your access to all Chat features, including Cascade.
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 agreement conditions opt-out from AI model training on loss of Chat Service access entirely, meaning users cannot retain both privacy from model training and full service functionality simultaneously.
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 who want their Chat conversations excluded from AI training must give up access to Windsurf's Chat and Cascade features entirely. This creates a binary choice between data use consent and core service functionality.
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If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
When you are asked to provide information, you may decline to do so; but if you choose not to provide information that is necessary to provide some of our Services, you may not be able to use those Services.
You may contact our privacy team with any requests of disclosure, correction, or deletion of your personal information. You may also request suspension of use or suspension of sharing of your personal information with certain third parties.
"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 Terms of Service
(1) REGULATORY LANDSCAPE: This provision engages GDPR Article 7(4), which states that consent shall not be regarded as freely given if access to a service is conditional on consent to processing not necessary for that …
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The agreement conditions opt-out from AI model training on loss of Chat Service access entirely, meaning users cannot retain both privacy from model training and full service functionality simultaneously.
Users who want their Chat conversations excluded from AI training must give up access to Windsurf's Chat and Cascade features entirely. This creates a binary choice between data use consent and core service functionality.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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