Provision record
Windsurf · Windsurf Terms of Service · View original document ↗

Zero Data Retention Carve-Outs

Medium severity High confidence Explicit document language Unique · 0 of 352 platforms
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Document Record

What it is

The agreement states that Zero Data Retention, even when enabled, does not prevent Cognition from retaining or disclosing Customer Data that is flagged by automated safety or abuse-detection systems, reviewed for safety or AUP compliance, or subject to legal compulsion.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes that ZDR, which the agreement otherwise describes as preventing persistent storage of Customer Data, does not apply when automated classifiers flag content, when safety or compliance review occurs, or when legal process requires disclosure. Customers who subscribe to paid tiers and elect ZDR should be aware that these carve-outs qualify the data retention protection.

Recent Activity

This document changed recently

Medium Jul 1, 2026

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 →

Consumer impact (what this means for users)

Under this clause, even when Zero Data Retention is enabled, Customer Data may be retained and disclosed if flagged by automated safety systems, reviewed for compliance purposes, or required by law. The ZDR election does not provide an absolute guarantee against data retention or disclosure under these conditions.

Cross-platform context

See how other platforms handle Zero Data Retention Carve-Outs and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
ZDR does not preclude retention or disclosure of Customer Data (i) flagged on automated safety and abuse-detection classifiers; (ii) to perform safety, security, and AUP compliance review; or (iii) as compelled by applicable law or legal process.

Excerpt from Windsurf's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: The automated flagging and retention carve-out engages GDPR data minimization and purpose limitation principles, as retained data must have a documented legal basis under GDPR.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
Windsurf Terms of Service
Entity
Windsurf
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-014099
Document ID
CA-D-00487
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
f6e8d9d0bd5f9547549794c5f7e89d7dbd456e727e5d9c631d8366f1a48c326f
Analysis generated
July 9, 2026 04:42 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Terms of Service
Record ID: CA-P-014099
Captured: 2026-07-09 04:42:52 UTC
SHA-256: f6e8d9d0bd5f9547…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/provision/CA-P-014099/zero-data-retention-carve-outs/
Accessed: Sept. 15, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Windsurf's Zero Data Retention Carve-Outs clause do?

This provision establishes that ZDR, which the agreement otherwise describes as preventing persistent storage of Customer Data, does not apply when automated classifiers flag content, when safety or compliance review occurs, or when legal process requires disclosure. Customers who subscribe to paid tiers and elect ZDR should be aware that these carve-outs qualify the data retention protection.

How does this clause affect you?

Under this clause, even when Zero Data Retention is enabled, Customer Data may be retained and disclosed if flagged by automated safety systems, reviewed for compliance purposes, or required by law. The ZDR election does not provide an absolute guarantee against data retention or disclosure under these conditions.

Is ConductAtlas affiliated with Windsurf?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.