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
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.
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 →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.
Compare across platforms →"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
(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.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
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.
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.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Windsurf.