Windsurf collects data about how you use the service (not your code content, but performance and usage patterns) and claims full ownership of that data and anything derived from analyzing it, including new products built from it.
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 asserts full intellectual property ownership over Usage Data and all analytical results derived from processing that data, including any new products or service improvements developed from it, with no user rights or compensation in the resulting outputs.
Interpretive note: Whether Usage Data as defined in the agreement constitutes personal data under GDPR or CCPA depends on whether it can be linked to an identified or identifiable individual, which is not resolvable from the document text alone.
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 →Windsurf asserts full ownership of Usage Data (defined as performance and analytical data excluding User Content) and all products or improvements derived from it. The agreement prohibits users from interfering with Usage Data collection.
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"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
(1) REGULATORY LANDSCAPE: Usage Data collection and ownership provisions may engage GDPR's requirements for lawful basis of processing and data subject rights, particularly if Usage Data includes or can be linked to personal data. The CCPA's definitions of personal information and business purposes are relevant to whether Usage Data collection and use requires disclosure or opt-out rights. The EU AI Act may engage with the use of Usage Data to develop new AI products. (2) GOVERNANCE EXPOSURE: Medium. The broad IP ownership claim over Usage Data and derived products is standard in software-as-a-service agreements, but organizations should assess whether Usage Data, even when defined as excluding User Content, could include patterns or metadata that constitute personal data or commercially sensitive information. (3) JURISDICTION FLAGS: GDPR's definition of personal data is broad and may encompass certain Usage Data if it can be linked to an identified or identifiable individual. California's CCPA extends similar considerations. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should evaluate whether the Usage Data definition and ownership assertion is acceptable for their data governance frameworks, and whether the prohibition on interfering with Usage Data collection is compatible with organizational security monitoring tools. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether Usage Data as defined in these Terms constitutes personal data under applicable law and, if so, whether the collection and use is supported by an adequate lawful basis under GDPR or CCPA disclosure obligations.
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The agreement asserts full intellectual property ownership over Usage Data and all analytical results derived from processing that data, including any new products or service improvements developed from it, with no user rights or compensation in the resulting outputs.
Windsurf asserts full ownership of Usage Data (defined as performance and analytical data excluding User Content) and all products or improvements derived from it. The agreement prohibits users from interfering with Usage Data collection.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.