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
Customer Data may be used to train Windsurf's AI models by default; the opt-out right exists only for paid-tier subscribers, meaning free-tier customers have no opt-out mechanism.
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 →Your Customer Data may be used for model training and service improvement; you can opt out only if you subscribe to a paid Service Tier.
How other platforms handle this
we may use this information to make it easier for you to find the people you want to send payments to, for account and identity verification and fraud prevention purposes, to reduce the risk you will send payments to the wrong person, or to provide other personalized services.
We evaluate Service Data to help us improve the performance and functionality of Cloud Services.
Where the law allows us to, we may use the content you and other users have posted for training or to help us to improve the way we filter content on our platform.
Monitoring
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"Cognition may use Customer Data for model training purposes and to improve and enhance the Services. If you subscribe to a paid Service Tier, you may opt out of this use ("Opt-Out").— Excerpt from Windsurf's Windsurf Terms of Service
We read the privacy policies and terms of service of 38 AI platforms. Here is what they say about training, retention, arbitration, and liability.
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Customer Data may be used to train Windsurf's AI models by default; the opt-out right exists only for paid-tier subscribers, meaning free-tier customers have no opt-out mechanism.
Your Customer Data may be used for model training and service improvement; you can opt out only if you subscribe to a paid Service Tier.
ConductAtlas has identified this type of provision across 280 platforms. See the full comparison.
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