Windsurf · Windsurf Terms of Service · View original document ↗

Usage Data Ownership and Collection

Medium severity High confidence Explicitdocumentlanguage Unique · 0 of 343 platforms
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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)

The provision establishes the operational framework governing data ownership and usage rights in the service relationship. By designating Exafunction as the exclusive owner of Usage Data and all analytical outputs derived from it, the terms define who controls the intellectual property generated through service operation and user interaction.

Consumer impact (what this means for users)

Users agree that Usage Data collected during service use becomes the exclusive property of Exafunction, including any analytical insights, performance metrics, or improvements derived from that data. The terms specify that users will not interfere with Usage Data collection, establishing a non-interference obligation as a condition of service use.

How other platforms handle this

Luma AI Medium

As between the parties, Luma owns and retains all right, title, and interest, including all related intellectual property and proprietary rights, in and to the Aggregated Data and Usage Data (including any improvements, modifications, and enhancements thereto), the know-how and analytical results ge...

Cohere Medium

Enterprise customers own their data. Cohere does not claim ownership over the inputs or outputs of enterprise customers.

OpenAI Medium

You agree to comply with our Usage Policies, which are incorporated into these Terms. You may not use our Services to develop or train competing AI models, to generate content that violates our policies, or for any illegal purpose. Violation of our Usage Policies may result in suspension or terminat...

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▸ View Original Clause Language DOCUMENT RECORD
"
Exafunction may collect, generate, and derive Usage Data for Exafunction's lawful business purposes, including to: (1) monitor, operate, improve, and support the Service and its performance, security, and stability; (2) create analytics, benchmarking, and performance data and reports; and (3) develop new products and services. You will not interfere with the collection of Usage Data. Exafunction owns all right, title, and interest, including all intellectual property rights in and to, the Usage Data, the know-how and analytical results generated in the processing and use of Usage Data, and any and all new products, services, and developments, modifications, customizations, or improvements to the Service made based on the Usage Data.

— Excerpt from Windsurf's Windsurf Terms of Service

Applicable regulations

California AB 2013 AI Training Data Transparency
US-CA

Provision details

Document information
Document
Windsurf Terms of Service
Entity
Windsurf
Document last updated
May 5, 2026
Tracking information
First tracked
April 30, 2026
Last verified
May 12, 2026
Record ID
CA-P-010267
Document ID
CA-D-00487
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
00ec2ae906a7a237f79cd586583ef2cf26f4725d380b3677eb3b6e7fd4d293ef
Analysis generated
April 30, 2026 05:54 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Windsurf
Document: Windsurf Terms of Service
Record ID: CA-P-010267
Captured: 2026-04-30 05:54:22 UTC
SHA-256: 00ec2ae906a7a237…
URL: https://conductatlas.com/platform/windsurf/windsurf-terms-of-service/usage-data-ownership-and-collection/
Accessed: June 10, 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 Usage Data Ownership and Collection clause do?

The provision establishes the operational framework governing data ownership and usage rights in the service relationship. By designating Exafunction as the exclusive owner of Usage Data and all analytical outputs derived from it, the terms define who controls the intellectual property generated through service operation and user interaction.

How does this clause affect you?

Users agree that Usage Data collected during service use becomes the exclusive property of Exafunction, including any analytical insights, performance metrics, or improvements derived from that data. The terms specify that users will not interfere with Usage Data collection, establishing a non-interference obligation as a condition of service use.

Is ConductAtlas affiliated with Windsurf?

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