Devin (Cognition AI) policy evolution

“2.3 Restrictions: You may not use the Services for any purposes beyond the scope of the access granted in this Agreement. You may not, at any time, directly or indirectly, and must ensure that your Authorized Users do not: (i) copy, reproduce, modify, translate, or create derivative works of the Services or Documentation, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iii) use the Services to create or develop any competing products or services, including to train competing artificial intelligence models except as expressly approved by Cognition in writing; or (iv) make the Services or Documentation available to anyone other than Authorized Users (collectively, “Use Restrictions”). 2.4 Suspension: We reserve the right to temporarily suspend your access and any Authorized User's access to any portion or all of the Services if, in our sole discretion, we reasonably determine that: (i) there is a threat or attack on any Cognition IP; (ii) your use or any of your Authorized User's use of the Cognition IP disrupts or poses a security risk to Cognition IP or to any other Cognition customer or vendor; (iii) you or your Authorized Users are using the Cognition IP for fraudulent or illegal activities; (iv) you have ceased to continue business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding.”

“3.3 Data Usage and Rights: 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. 3.3.2 Usage Data: Cognition reserves the right to collect, analyze, and utilize Usage Data for operational, analytical, and improvement purposes. Cognition owns all right, title, and interest in and to the Usage Data. 3.3.3 Abuse and Legal Process: 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. 3.4 Marketing: Subject to your prior consent, Cognition may use your name, logo, and trademarks in publicity, including, but not limited to, displaying your name, logo, or trademark on Cognition's website and marketing materials. Additionally, you agree to consider in good faith participating in a written case study at Cognition's request, detailing the collaboration and outcomes of the project, subject to mutual agreement on the content and timeline.”

“Your employer or related organisation — If you create an account using an email address belonging or relating to your employer or another organisation, we may share the fact that you have an account and certain account information (such as your email address) with your employer or organisation to, for example, enable you to be added to their business or enterprise account. In addition, administrators of any enterprise or business account may be able to access certain information associated with your account, including your User Content, and be able to control your account and such information. To our affiliates or others within our corporate group , as a matter of our legitimate interests to efficiently provide the Services. Asset Transfer or Company Acquisition — We may choose to buy or sell assets, and may share and/or transfer information about our users in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, merged, reorganized, or if we go out of business, enter bankruptcy, or go through some other change of control or similar event, your personal information could be transferred in connection with that transaction. When you request or direct us to disclose information , with your consent or to perform our contract with you. Our Services may contain links to other websites not operated or controlled by Cognition AI, Inc, including social media services (“Third-Party Sites”).”

“This Privacy Policy explains how Cognition AI, Inc (“ we ”, “ our ” or “ us ”) collect, use, disclose, and safeguard your information when you use visit our website (cognition.com), our software-as-a-service offerings that we make available to individuals and enterprise customers (e.g., Devin and Windsurf), along with any associated software, apps and websites (collectively, the “ Services ”). It is important that you understand how we use your information. You should read this page in full, but below are key highlights and some helpful links: Our goal is to simplify your experience. If you do not wish for your personal information to be collected, used, or disclosed as described in this Privacy Policy, or you are under 18 years of age, you should stop accessing our Services. We collect and use your information in order to provide and improve our Services and your experience, protect the security and integrity of our platform, and meet our legal obligations. To learn more, explore Section 1. Information We Collect and Section 2. How We Use Your Information . We share your information with trusted third parties and service providers in order to offer our Services, fulfill legal requirements and for the purposes set out more fully below. If you have any questions, or to exercise any available rights, please contact us at privacy@cognition.ai .”

“The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.”

“We do not sell or share your personal information with third parties for targeted advertising purposes, nor have we done so in the past 12 months. We also do not have actual knowledge that we sell or share for targeted advertising purposes personal information about individuals under 16 years old. We work with service providers and other third parties to help us provide our Services, and as a result we need to provide certain information with these third parties as described below. We disclose, and in the past 12 months, we've disclosed, the categories of personal data set forth in Section 1 with the following categories of third parties: Third Party Service Providers — We provide personal information to third party service providers who help us provide our Services. Other Third Parties — Certain features allow you to display or share information with other users or third parties. For example, you may share Devin AI conversations with other users via shared links. Be sure you trust any user or third party with whom you share information. Professional Advisors, authorities, and regulators — We share your information with our advisors, regulators, tax authorities, law enforcement, and government agencies to: Respond pursuant to applicable law or regulations, court orders, legal process or government requests; Comply with our reporting and information sharing obligations and regulatory authorities; Detect, investigate, prevent, or address fraud and other illegal activity or security and technical issues; and Protect the rights, property, safety of us, our users, or others, including to prevent death or imminent bodily harm.”

“You hereby grant to Licensor a perpetual, irrevocable, worldwide license to use any Feedback without compensation, without any obligation to report on such use, and without any other restriction. The rights granted in the previous sentence include the right to exploit Feedback in any and every way, as well as the right to grant sublicenses under copyright, patent, and any other form of intellectual property. Notwithstanding Section 6, Feedback will not be considered Customer's Confidential Information. For the avoidance of doubt, Customer is not required to provide any Feedback nor is Licensor required to use any Feedback.”

“3.1 Ownership: Cognition owns all right, title, and interest, including all intellectual property rights, in and to the Services, Documentation, and Cognition IP, and reserves all rights not expressly granted to you in this Agreement. You own all right, title, and interest, including all intellectual property rights, in and to Customer Data, including Outputs to the fullest extent permitted by applicable law. 3.2 License: By using the Services, you hereby grant to Cognition, its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid, sublicensable (solely for the purposes of providing the Services to you), transferable license to reproduce, distribute, modify, and otherwise use, display, and perform all acts with respect to the Customer Data as may be necessary for Cognition to provide the Services to you. You hereby represent and warrant that: (i) you have all necessary rights to grant Cognition the license set forth in this section, and to allow Cognition to exercise its rights under such license without infringement of the rights of any third party, including privacy rights; and (ii) Cognition's receipt and processing of Customer Data in accordance with this Agreement does not and will not violate any applicable laws or regulations. 3.3 Data Usage and Rights: 3.3.1 Use of Customer Data: Any Customer Data that you submit, upload, or otherwise post to the Services will not be used for model training purposes unless you opt-in to allow Cognition to use such Customer Data to improve and enhance the Services.”