Trained Onis this AI training on my prompts?

Change of position

Windsurf (Codeium) changed what its terms of service says

Cognition now says it "may use Customer Data for model training purposes"; "paid Service Tier" customers "may opt out" (Teams administrator only).

When
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Terms of Service
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Vendor
All Windsurf (Codeium) plans and changes
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What changed

10.1 **Use of Autocomplete User Content to Improve Services.** We may use your Autocomplete User Content to improve our discriminative machine learning models, which are models that rank or assign scores to code generations in order to understand the boundaries between different sets of code. We will never use your Autocomplete User Content to improve generative machine learning models, which are models that are able to generate code directly based on studying existing code generations, for Autocomplete or other services. Any Autocomplete User Content used for training our discriminative machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Autocomplete User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models. "Autocomplete User Content" mean User Content provided to the Service in the operation of the Autocomplete feature. 10.2 **Use of Chat User Content to Improve Services.** We may use your Chat User Content to improve the generative and discriminative machine learning models we use. Any Chat User Content used for training our machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Chat User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, you will not have access to Chat Services. "Chat User Content" mean User Content provided to the Service in the operation of the Cascade or Chat features. 11\. Usage and User Content.** 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. Exafunction will not disclose Usage Data externally, including in benchmarks or reports, unless such Usage Data has been (a) de-identified so that it does not individually identify you or any other person and (b) aggregated with usage data from other users of the Platform. **"Usage Data"** means any performance, analytical, or usage data or information relating to access to or use of the Service that is generated or otherwise collected by the Service but excluding User Content. For Pro Users, you may elect to place limits on the use of User Content such that User Content (i) is transmitted only to generate code, outputs, or other functions generated in response to input User Content ("Suggestions") in real-time and are deleted once Suggestions are generated; (ii) is not 3.3.1 Use of Customer Data: 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"). Following an Opt-Out election: (A) Customer Data will not be used for any other purpose, including the training of language models; and (iii) is encrypted during transit and is not stored at rest. These limits control over the usage rights referenced in Section 10 above. Notwithstanding the foregoing, if you elect to use a model labeled "(no ZDR)", we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or other information (e.g. Remote Indexing, Memories, Recipes, Web Retrieval, Trajectory Sharing, Deploys, Reviews, Knowledge Base), and for Devin and Exafunction's Forge product, we may store code snippets and/or other information to provide these Services. In addition, Profile Data may be stored for authentication and otherwise to provide the Service. **"Profile Data"** means any information that you voluntarily for the purpose of personalizing or maintaining an account, service preferences, or user identity within the Service. "Enable" means that a feature of the Service may be enabled or not disabled in the same context. "Enable" means that a feature of the Offering may be enabled or not disabled in the same context.training language models; and (B) Zero Data Retention will be enabled with our model providers. For the Teams Service Tier, only an administrator may exercise the Opt-Out.

Removed Added. Only the sentences about training are shown, not the whole document.

Before

In force from

10.1 **Use of Autocomplete User Content to Improve Services.** We may use your Autocomplete User Content to improve our discriminative machine learning models, which are models that rank or assign scores to code generations in order to understand the boundaries between different sets of code. We will never use your Autocomplete User Content to improve generative machine learning models, which are models that are able to generate code directly based on studying existing code generations, for Autocomplete or other services. Any Autocomplete User Content used for training our discriminative machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Autocomplete User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, your Autocomplete User Content will be sent to our servers so that we are able to provide you with the Services, but we will not retain your Autocomplete User Content on our servers for training our discriminative machine learning models. "Autocomplete User Content" mean User Content provided to the Service in the operation of the Autocomplete feature.

10.2 **Use of Chat User Content to Improve Services.** We may use your Chat User Content to improve the generative and discriminative machine learning models we use. Any Chat User Content used for training our machine learning models is anonymized, such that any personally identifiable information is removed. To opt out of having your Chat User Content used for such purpose, you may change the code sharing options in the User Settings pane of the user's profile page. Please note that if you opt out, you will not have access to Chat Services. "Chat User Content" mean User Content provided to the Service in the operation of the Cascade or Chat features.

11\. Usage and User Content.** 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. Exafunction will not disclose Usage Data externally, including in benchmarks or reports, unless such Usage Data has been (a) de-identified so that it does not individually identify you or any other person and (b) aggregated with usage data from other users of the Platform. **"Usage Data"** means any performance, analytical, or usage data or information relating to access to or use of the Service that is generated or otherwise collected by the Service but excluding User Content. For Pro Users, you may elect to place limits on the use of User Content such that User Content (i) is transmitted only to generate code, outputs, or other functions generated in response to input User Content ("Suggestions") in real-time and are deleted once Suggestions are generated; (ii) is not used for any other purpose, including the training of language models; and (iii) is encrypted during transit and is not stored at rest. These limits control over the usage rights referenced in Section 10 above. Notwithstanding the foregoing, if you elect to use a model labeled "(no ZDR)", we or the provider may store User Content solely to provide the Service to you, and if you enable features that explicitly require persistent code snippets or other information (e.g. Remote Indexing, Memories, Recipes, Web Retrieval, Trajectory Sharing, Deploys, Reviews, Knowledge Base), and for Devin and Exafunction's Forge product, we may store code snippets and/or other information to provide these Services. In addition, Profile Data may be stored for authentication and otherwise to provide the Service. **"Profile Data"** means any information that you voluntarily for the purpose of personalizing or maintaining an account, service preferences, or user identity within the Service. "Enable" means that a feature of the Service may be enabled or not disabled in the same context. "Enable" means that a feature of the Offering may be enabled or not disabled in the same context.

After

In force from

3.3.1 Use of Customer Data: 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"). Following an Opt-Out election: (A) Customer Data will not be used for any other purpose, including training language models; and (B) Zero Data Retention will be enabled with our model providers. For the Teams Service Tier, only an administrator may exercise the Opt-Out.