AI DevelopmentMethodology18 min readPublished August 17, 2026

17 agents · 6 questions · vendor documentation only · as of August 17, 2026

Where Your Code Goes: A Census of Agent Data Terms

Seventeen coding agents and harnesses, six fixed questions each, answered only from each vendor’s own published pages: does code leave the machine, how long is it kept, is it trained on, is zero retention offered, is telemetry separable, and where do the terms live. Eight rows are flagged unresolved, each with its reason — the table separates what a vendor does not publish from what our fetch method could not read, and from one check this pass did not run.

DA
Digital Applied Team
Senior strategists · Published Aug 17, 2026
PublishedAug 17, 2026
Read time18 min
Sources30+ vendor pages
Agents censused
17
six questions each
Working policy page
14/17
product-specific page located
Rows unresolved
8/17
each flagged with its reason
No product-specific page
3/17
product-specific policy not located

Coding agent data retention is the question every procurement review, privacy assessment and engineering lead eventually asks — and the answers are scattered across dozens of vendor pages that do not use the same words, cover the same tiers, or in some cases exist at all. This census puts six fixed questions to seventeen coding agents and harnesses, using only each vendor’s own published documentation, and reports every cell — including the ones that would not resolve.

The six questions: does repository content leave the local machine in normal operation; what is the stated retention period, by plan tier; is content used for model training by default, and at which tier can you opt out; is a zero-data-retention arrangement published, and for whom; is telemetry separable from code content, with the setting name; and where do the terms actually live. All answers reflect vendor documentation as retrieved on August 17, 2026.

What follows is the method, a status vocabulary that keeps unanswered cells honest, the complete 17-row table, and the patterns the table supports — plus, just as deliberately, the inferences it does not.

Key takeaways
  1. 01
    All 17 agents transmit code off the machine in at least one common configuration.Even the most local-first, bring-your-own-key tools (Aider, Continue) transmit repository content the moment a cloud model is configured. The question that differentiates vendors is what happens afterwards.
  2. 02
    8 of 17 rows are flagged unresolved — and the reasons split four ways.Two rows (GitHub Copilot, Grok Build) publish the exact questions but the answers sit behind client-side JavaScript our fetch method could not execute — our limitation, not vendor silence. Three (Kimi Code, Qwen Code, Z.ai’s GLM Coding Plan) had no working product-specific policy page at all, and Continue’s telemetry page 404s. DeepSeek Harness and Z.ai are disclaimed by their own consumer policies. And the code-versus-docs check for Aider and DeepSeek Harness was not run at all. The table labels each kind.
  3. 03
    Documentation completeness does not track company size.Tabnine publishes the most granular no-train-no-retain language in the set — context “deleted immediately after the server returns the answer” — and Zed names the one exception to its own zero-retention default, while Cursor and current-era GitHub Copilot publish no exact retention day-count for their standard tiers anywhere this pass could reach.
  4. 04
    Training defaults are tier-shaped almost everywhere.Amazon Q trains on Free-tier content by default but not Pro; Windsurf’s opt-out is self-serve on paid plans, admin-only on Teams, and inverts to opt-in on Enterprise; Cursor trains by default unless Privacy Mode is on — free for anyone, but on by default only for Enterprise. A one-word answer per vendor would be wrong.
  5. 05
    This is a documentation census, not a verification audit.Every cell records what a vendor publishes, not what independent testing has confirmed. Documented behaviour and verified behaviour are different claims — the reason this table exists in documentation-only form, stated once in the methodology and honoured throughout.

01Why This ExistsWhy a documentation census, and not a verdict.

Nobody buying or auditing a coding agent in 2026 reads one privacy policy. The sources scored in this census include consumer policies that exclude the product’s business tier, enterprise FAQs, security pages, a trust-center document, developer docs and a terms index — and the documents rarely agree on vocabulary. In the sources this pass checked, we could not find any vendor or third party publishing these answers side by side across the category at this width, with one method and one date.

The table records what is documented, and says so plainly, for a specific reason: documented behaviour is not verified behaviour. Our wire-level look at the July 2026 Grok Build incident established that a documented, user-facing privacy control and an actual data flow can diverge — that story is told in full there and is not re-argued here. It is simply the reason this census claims only what vendor pages say, and never presents a published policy as a tested one.

One more reason a dated snapshot matters: these terms sit under companies whose ownership is itself in motion. Cursor’s parent Anysphere became a SpaceX subsidiary when the acquisition closed on August 14, 2026 — covered separately in our read of the close and its first product move — and a policy retrieved before an ownership change is not evidence about the policy after it. Every cell below carries its retrieval date for exactly that reason.

02MethodologyA method a stranger could redo, and a vocabulary for the gaps.

The value of a census is that the gaps are as informative as the answers — but only if the gaps are classified honestly. A page that was read and did not answer, a page that could not be located, and a page whose answer our tools could not render are three different findings, and conflating them would be unfair to vendors and would discredit the table on first inspection. The full method and its known limits:

Methodology

What was collected. For each of 17 coding agents or agent harnesses, a documented answer to six fixed questions, using only that vendor’s own published material: (1) does repository content leave the local machine in normal operation; (2) the stated retention period for prompts and code, by plan tier; (3) is content used for model training by default, with the opt-out or no-train tier; (4) is zero data retention (ZDR) or an equivalent published, and for whom; (5) is telemetry separable from content, with the setting name where documented; (6) the URL the terms live at, and the retrieval date. All cells reflect vendor documentation as retrieved on August 17, 2026.

Selection rule, fixed before research began. A 15-agent list spanning the four groups the table is banded into: agents from the major AI labs and platforms, model-vendor coding plans, AI editors and IDE agents, and open-source bring-your-own-key clients. Two rows — Amazon Q Developer and Tabnine — were added during research because their documentation answered all six questions in unusual, contrast-worthy detail. No row was dropped once selected, regardless of how the research turned out.

Sources. Vendor-owned domains only: privacy policies, terms of service, developer and enterprise docs, and (for GitHub) the official Trust Center. Press coverage and third-party summaries were never used to answer a cell. Search engines were used only to locate a vendor URL, never to source a cell’s content.

Known limitations. (a) Some vendor FAQs render answers only via client-side JavaScript; where the question text was crawlable but the answer was not, the cell is marked as our fetch limitation, not vendor silence. (b) Consumer policies and API/business terms are often separate documents with different scope at the same company; where only the consumer policy could be located, that scope mismatch is recorded as the finding. (c) This is a documentation census, not a wire-level or source-code audit — documented behaviour is not verified behaviour. For the two open-source rows (Aider; DeepSeek Harness’s runtime), the check of whether the code confirms or contradicts the documentation was not performed in this pass, and those cells say so rather than implying it was. (d) Vendor documentation changes without notice; this is a dated snapshot.

Every cell in the table carries one of six statuses, and the distinction between the last three is the part most comparisons skip:

Status 1
Documented
page reached, read, answered

The vendor’s own page answers the question. The plan tier the answer applies to is recorded in the cell, because these policies differ by tier almost everywhere.

The baseline every row is scored against
Status 2
UND — undocumented
page reached and read · no answer

A relevant vendor page was fetched and read in full, and it does not address the question. This is a finding about the documentation, not an inference about the practice.

Absence of an answer, not evidence of behaviour
Status 3
JS-gated
answer exists · our fetch could not read it

The vendor publishes the exact question — but the answer sits behind client-side JavaScript our fetch method could not execute. This is our limitation, not vendor silence. A human clicking through may well find the answer.

GitHub Copilot Trust Center · xAI enterprise FAQ
Status 4
N/L — page not located
404 · placeholder · dead cross-reference

The URL that should carry the answer returns a 404, serves a bare placeholder, or redirects to unrelated content. A broken or missing vendor page is a different, reportable finding.

Kimi Code · Qwen Code · Z.ai DPA · Continue telemetry docs
Status 5
N/A
no first-party hosted service

The question does not apply to the tool itself — bring-your-own-key clients with no first-party backend inherit whichever provider’s terms the user configures.

Aider · Continue
Status 6
Needs research
check specified but not executed

The dataset spec asked whether open-source products’ code confirms or contradicts their documentation. That code-level check was not performed for Aider or DeepSeek Harness in this pass — flagged rather than silently resolved.

Honesty marker, not a verdict

03The DatasetThe complete table: 17 agents, six questions.

The table below is the asset — all 17 rows, no summary substitution. Product names link to the primary source each row was scored against (question six of the census). Cells marked UND, JS-gated or N/L follow the status vocabulary above. Data as of August 17, 2026, retrieved from vendor-owned pages only.

Coding agent data terms census: 17 coding agents and harnesses scored against six documentation questions — whether code leaves the local machine, retention period by plan tier, training by default with opt-out tier, zero data retention availability, telemetry separability, and the primary source URL. All cells reflect vendor documentation as retrieved on August 17, 2026. Unresolved cells are labelled UND (page read, no answer), JS-gated (answer behind client-side JavaScript, our fetch limitation), N/L (page not located), or, for the two open-source rows, a code-versus-docs check not performed in this pass.
#Product (vendor) · primary sourceLeaves machine?Retention (by plan tier)Trained on by default? Opt-outZDR published? For whomTelemetry separable? Setting
Rows 1–6 · Agents from the major AI labs and platforms
1Claude Code (Anthropic)code.claude.com/docs/en/data-usageYesConsumer (Free/Pro/Max): 5 years with the training toggle on, 30 days off. Commercial (Team/Enterprise/API): 30 days standard. Covered Models (e.g. Claude Fable 5): ≥30 days on every surface, no opt-out.Consumer: user toggle (default state at signup UND). Commercial: not by default — opt-in only via the Development Partner Program, API-only.Yes — enterprise, qualified orgs, enabled per-org; API ZDR also published. Does not extend to Covered Models.Yes — three separately toggleable channels (DISABLE_TELEMETRY, DISABLE_ERROR_REPORTING, DISABLE_FEEDBACK_COMMAND); metrics “never include your code, prompts, or file paths.”
2OpenAI Codex / API (OpenAI)openai.com/enterprise-privacyYesAbuse-monitoring logs up to 30 days (most endpoints). ZDR-approved orgs: none for application state. Enterprise/Healthcare/Edu: customer sets the length.Not by default across Business, Enterprise, Healthcare, Edu, Teachers and the API; opt-in required.Yes — endpoint-scoped (chat/completions, responses, embeddings, some audio/image); prior OpenAI approval plus additional requirements.UND — no Codex-CLI-specific local telemetry statement on the pages checked.
3Cursor (Anysphere)cursor.com/data-use2 cells UND · no day-count, no telemetry statementYesUND — no exact day-count found for any tier across three pages checked. Caching described as request-scoped for plaintext; embeddings, hashes and filenames persist.Yes, by default, with Privacy Mode off. Privacy Mode is free for anyone (Free or Pro), on by default only for Enterprise, admin-enforceable on Team/Enterprise.Yes — ZDR agreements with all providers when Privacy Mode is on. Not for your own API keys; some retention-requiring models are excluded, off by default, admin-gated.UND — not separately addressed on the pages checked.
4GitHub Copilot (GitHub / Microsoft)copilot.github.trust.page/faqUnresolved · JS-gated — our fetch limitationYesCurrent terms (post-2026-03-05): JS-gated — the Trust Center FAQ asks the exact question; the answer did not render to our fetch. Archived terms (October 2024, deprecated 2026-03-05): prompts “deleted once Suggestions are generated,” with three named exceptions.JS-gated for Business/Enterprise — the FAQ literally asks “Does GitHub use Copilot Business or Enterprise data to train AI models?” Individual tiers are governed by the general GitHub terms and Privacy Statement.UND under this name in the documents fetched.UND as a separable toggle — four data categories named (Suggestions, Feedback Data, Prompts, User Engagement Data) without a stated opt-out mechanism for the last.
5Grok Build (xAI)docs.x.ai/build/enterprise2 cells JS-gated · FAQ stamped 2025-02-25Yes — configurableZDR orgs: nothing persisted at the inference layer; local session history in ~/.grok/. Non-ZDR default window: JS-gated in the enterprise FAQ — whose own “Last updated” stamp, February 25, 2025, predates Grok Build’s existence.JS-gated — the FAQ asks “Does xAI train its models using your business data?” but the answer did not render. The consumer privacy policy explicitly excludes business offerings such as the xAI API.Yes — enforced at team level: “When enabled for a team or enterprise, zero data retention occurs when using Grok Build.”Partial yes — requirements.toml supports disabling telemetry as a pinnable, fail-closed policy; no end-user toggle name given beyond that.
6Google Antigravity (Google)antigravity.google/termsYes — configurableUND — no day-count in the Terms; Interactions deletable on request, retained per the Agreement until such a request.Yes, by default — Interactions are used to “evaluate, develop, and improve” Google and Alphabet products and machine-learning technologies, and employees and contractors may review them. Opt-out via the same settings toggle as telemetry.UND under this name. Selecting a third-party model as the main agent model routes you to that provider’s own terms (Anthropic named explicitly).Yes, but combined — one “Enable Telemetry” switch (Settings → Account) appears to govern both telemetry and the Interactions/training use, per the vendor’s own docs.
Rows 7–10 · Model-vendor coding plans — product-specific terms unresolved
7Kimi Code (Moonshot AI)no working privacy page locatedUnresolved · N/L — pages missing or brokenYes — configurableN/L — one attempted URL serves a bare “Welcome to nginx!” placeholder; another redirects to API quickstart content instead of a policy.N/L — same reason.N/L — same reason.N/L — same reason.
8Qwen Code (Alibaba Cloud Model Studio)alibabacloud.com — billing/setup docs onlyUnresolved · N/L — indexed privacy URL 404sYes — all four documented billing paths are hosted-API routes.N/L — the search-indexed Model Studio privacy-policy URL returned a 404 or unreadable response to two fetch methods.N/L — same reason.N/L — same reason.N/L — same reason.
9Z.ai ZCode / GLM Coding Plan (Z.ai)docs.z.ai/legal-agreement/privacy-policyUnresolved · scope-excluded + DPA 404sYesUND for the Coding Plan — the general policy states it “does not apply to content that we process on behalf of customers of our business offerings,” and the Data Processing Addendum it points to returned a 404 at the time of writing.UND for the Coding Plan — the consumer policy’s training clause is scoped to individual users by its own text.UND — the DPA page 404s.UND.
10DeepSeek Harness / dsh (DeepSeek)cdn.deepseek.com — open-platform ToSUnresolved · scope gap + code check not runYes — configurableConsumer policy: “for as long as necessary” (no day-count) — and it explicitly excludes downstream systems built on the open platform. Open Platform ToS: no retention-duration clause found in the sections retrieved.UND — the only content-use clause located (§4.2) covers the developer’s rights over Outputs (including “training other models”), not DeepSeek’s use of Inputs.UND under this name in either document.UND for the dsh runtime specifically. Code-vs-docs check: not performed this pass (needs research).
Rows 11–13 · AI editors and IDE agents
11Windsurf, documented as “Devin Desktop” (Cognition)windsurf.com/securityYes“For the duration of the relationship with a given Customer, unless otherwise specified”; Feedback and Interaction Data retained “as long as needed... as determined by Cognition.” No fixed day-count published.Yes, by default, with tiered opt-out: paid plans self-serve (triggers ZDR with providers); Teams — admin-only; Enterprise — inverted to opt-in, “never... without your express prior written consent.”Yes — as an automatic consequence of the training opt-out on paid/Teams plans.UND as a distinct setting — “Feedback Data” and “User Interaction Data” are named categories, not a toggle.
12Zed (Zed Industries)zed.dev/docs/ai/privacy-and-securityYes — configurableZed-hosted models: no retention by default — except provider-designated safety-retention models (Anthropic’s Covered Models named): ≥30 days by the provider, and “Zed cannot opt out of this retention,” on any platform. Non-Zed-hosted paths follow that provider’s terms.No, for Zed-hosted models — no-training commitments from Anthropic, Google and OpenAI per Zed’s own provider agreements table.Yes for Zed-hosted models, with the Covered-Model carve-out.Yes — Zed retains AI data only on explicit opt-in (feedback ratings; Edit Prediction collection, additionally gated to open-source projects).
13Cline (Cline Bot Inc.)cline.bot/privacyYes — configurableUND for a content day-count (general notice, last updated 2025-09-24). BYOK: “we do not collect it”; Cline-supplied keys: collected “to facilitate your requests.”UND — not addressed in the sections of the general notice retrieved.UND under this name.Yes, clearly — “Cline Telemetry” toggle; anonymous usage events only, never code, file contents, paths, command arguments or conversation content. Enterprise admins set an org default; individuals can still override locally.
Rows 14–15 · Open-source, bring-your-own-key clients
14Aider (open source)aider.chat/docs/more/analytics.htmlCode-vs-docs check not runYes — configurable; content flows to whichever provider the user points it at.N/A — no first-party hosted backend; retention is the configured provider’s.N/A for Aider itself. Its own opt-in analytics “never collects your code, chat messages, keys or personal info.”N/A — no first-party service.Yes, clearly — opt-in for most users (auto-on only for a random subset, who are then asked); permanently disabled via aider --analytics-disable; exact payloads inspectable via --analytics-log.
15Continue (Continue Dev, Inc.)docs.continue.devUnresolved · telemetry docs 404Yes — configurable; BYOK by design.N/A — no first-party backend; depends on the configured provider.N/A for Continue itself.UND.N/L — the specific /telemetry docs page 404s despite appearing as a live search result; a config.yaml “data” property exists whose purpose was not confirmed in the section retrieved.
Rows 16–17 · Contrast rows added during research
16Amazon Q Developer (AWS)docs.aws.amazon.com — service improvementYes — tieredUND for an exact day-count; governed by AWS’s general shared-responsibility data-protection framing.Tier-split, explicitly: Free tier — yes by default, “model training” named, per-IDE opt-out. Pro tier / Q Business — “We do not use content... for service improvement.” Q for GitHub (Preview) — not currently, by name.Implied at Pro tier (nothing collected to retain) but not published under the name “zero data retention.”Yes, cleanly separate — “Amazon Q: Telemetry” (no actual code) vs “Amazon Q: Share Content” (actual content), two independent settings with exact names documented per IDE surface.
17Tabninedocs.tabnine.com — privacyYes — configurableZero for code — context “deleted immediately after the server returns the answer,” including Enterprise on-prem and VPC deployments. Operational metrics/logs (non-code): 1 week. Client-telemetry window: not stated (UND on that sub-point).No, explicitly — “no-train-no-retain policy... regardless which model is being used.” Private Enterprise fine-tunes train on that customer’s own code, stored on the customer’s own setup. No third-party model APIs used.Effectively yes as a company-wide baseline — the phrase used is “zero code retention (ephemeral processing),” not “ZDR.”Yes, separate — hashed, non-identifiable client telemetry is named and distinguished from the zero-retention code channel; no single toggle name given for disabling client telemetry specifically.

Two rows share one structural carve-out worth reading together: Anthropic’s provider-level “Covered Models” safety retention (rows 1 and 12) applies wherever those models are served — Zed states plainly that switching to your own API key does not avoid it. We covered the one Claude model tier where zero data retention does not apply in full when the policy landed; the census simply records it as the clearest example of a retention rule that no downstream vendor’s terms can override.

04Negative FindingsEight unresolved rows, four different reasons.

Eight of the 17 rows are flagged unresolved: Kimi Code, Qwen Code, Z.ai’s GLM Coding Plan, GitHub Copilot, Grok Build, DeepSeek Harness, Continue and Aider. In each case the page that should carry the answer could not be located, could not be read, or disclaims the product it was supposed to cover — or a check the method specified was not run. Publishing them unresolved, with the reason classified, is the point: a census that quietly filled these cells by inference would be worthless to exactly the procurement and research readers it exists for. They fail in four ways, three of the eight in two ways at once, and the four support very different conclusions:

Our limitation
JS-gated answers — not vendor silence

GitHub Copilot’s Trust Center FAQ and xAI’s enterprise FAQ both publish the exact questions this census asks — retention duration, training by default — but the answers render only via client-side JavaScript our fetch method could not execute. GitHub in particular plainly does publish specific answers here; this pass simply could not read them.

Read as: our fetch limitation
Vendor finding
Broken or missing vendor pages

Kimi Code’s attempted privacy URL serves a bare nginx placeholder; Qwen Code’s search-indexed privacy URL 404s; Z.ai’s cross-referenced Data Processing Addendum 404s; Continue’s telemetry docs 404 despite appearing as a live search result. A policy page that cannot be reached at its own published address is a reportable, dated documentation finding.

Read as: documentation gap, dated
Scope gap
Consumer policies that exclude the product

DeepSeek, Z.ai and xAI all write their consumer privacy policies to explicitly exclude API and business use — the exact surface their coding products run on. Where only the consumer policy could be located, the census records the scope mismatch itself as the finding rather than borrowing consumer answers for a product they disclaim.

Read as: the exclusion is the finding
Check not run
A check the method specified and this pass did not run

The dataset spec asked whether the two open-source products’ code confirms or contradicts their documentation. That code-level check was not performed for Aider or for DeepSeek Harness’s runtime in this pass, so both rows carry it as an open item rather than a resolved one. Not performed is a different status from indeterminate, and the table keeps them apart.

Read as: our check, not run

One clarification the count needs, because a reader checking it will find this immediately: individual UND cells are far more common than those eight rows. On most of the remaining rows — Cursor, Cline, Google Antigravity, Amazon Q Developer and Tabnine among them — a page was reached and read in full and simply does not address one sub-question, usually an exact retention day-count. Those are marked in place, cell by cell, rather than counted as unresolved rows, because a page that was read and did not answer is a different finding from a page that could not be reached, could not be rendered, or disclaims the product. Only one row, Zed, carries no open marker of any kind.

What unresolved does not mean
None of this shows that the unresolved vendors train on or retain code. It shows only that a public policy answering the question could not be located, or could not be read, at the checked URLs on August 17, 2026. Absence of documentation is not evidence of the underlying practice in either direction — and one staleness signal cuts the other way entirely: xAI’s enterprise FAQ carries a “Last updated” stamp of February 25, 2025, which predates Grok Build’s existence. That is a documentation-currency finding about the page, not a data-handling finding about the product.

05Tier SplitsTraining defaults are tier-shaped, not vendor-shaped.

The single most practical pattern in the table: where a training-by-default answer exists at all, it almost never has one value per vendor. It has one value per plan tier — which means every unqualified sentence of the form “vendor X trains on your code” is incomplete, and sometimes wrong, for the tier you are actually on. Three vendors document the pattern explicitly:

Free vs Pro
Amazon Q Developer
cleanest tier-split in the census

Free tier: content may be used for service improvement by default, with “model training” named as a use and a per-IDE opt-out. Pro tier and Q Business: no content used for service improvement at all, by design — nothing to opt out of.

Two tiers, two opposite defaults
Three rungs
Windsurf / Devin
the opt-out itself is tiered

Trains by default. Individual paid users can self-serve opt out — which also triggers ZDR with model providers. On Teams, only an administrator can exercise the opt-out. On Enterprise the default inverts entirely: training requires express prior written consent.

Who may opt out changes by tier
One toggle
Cursor
default differs by tier, control does not

With Privacy Mode off, codebase data, prompts and editor actions may be used for training by default. Privacy Mode is free for anyone — but on by default only for Enterprise, and admin-enforceable org-wide on Team and Enterprise plans.

Same switch, different default per tier
“We may use and store codebase data, prompts, editor actions, code snippets, and other code data and actions to improve our AI features and train our models.”— Row 3’s data-use page, dated July 15, 2026, describing default behaviour with Privacy Mode off

The counts, stated with their denominators rather than rounded into “most vendors”: of 17 rows, 14 had a working, product-specific privacy or data-handling page; 3 (Kimi Code, Qwen Code, Z.ai’s GLM Coding Plan) had none this pass could locate; 8 are flagged unresolved. Where ZDR is published at all, it is consistently gated to team, enterprise or approval-based tiers requiring explicit administrative action — this census found no row where zero data retention is a default consumer-tier state.

Working page
Product-specific policy located
14/17

Rows where a vendor-owned page specific to the product (or explicitly covering it) was reached and read against the six questions.

retrieved Aug 17, 2026
No product page
Kimi Code · Qwen Code · GLM Coding Plan
3/17

Rows where no working product-specific privacy page could be located at all — placeholder servers, 404s, or a dead cross-referenced addendum.

a dated, citable gap
Unresolved
Rows flagged unresolved
8/17

Kimi Code, Qwen Code, GLM Coding Plan, GitHub Copilot, Grok Build, DeepSeek Harness, Continue and Aider — split across JS-gated answers (our fetch limitation), broken or missing pages, consumer policies that exclude the product’s own scope, and one unexecuted code-vs-docs check.

each labelled by kind

06The SurpriseDocumentation quality does not track company size.

The two clearest documenters in this census were not the two largest vendors. Tabnine publishes the most granular no-train-no-retain language in the set — context “deleted immediately after the server returns the answer,” even for on-premises and VPC Enterprise deployments, with a separate, numeric one-week window for non-code operational telemetry, the only telemetry day-count found anywhere in the census. Zed names the single exception to its own zero-retention default without hedging, states who imposes it (the model provider), and says plainly that it cannot opt out. Meanwhile Cursor and current-era GitHub Copilot — both far larger companies — publish no exact retention day-count for their standard tiers anywhere this pass could reach.

Grok Build’s enterprise deployment doc deserves its own mention as the best-organized data-lifecycle description in the set: a documented six-phase flow ending with “no prompts, code, or responses are persisted at the inference layer” for ZDR organizations. The same vendor’s enterprise FAQ, one directory over, is JS-gated and stamped with a date that predates the product. Both facts are in the table; a census that kept only one of them would be marketing.

One structural date matters more than any single vendor’s prose: GitHub’s Copilot-specific product terms were formally deprecated on March 5, 2026, replaced for Business and Enterprise direct-from-GitHub purchases by the general GitHub Customer Agreement plus a product-agnostic Data Protection Agreement. Any description of “Copilot’s data terms” written before that date — including the archived promise that prompts are “deleted once Suggestions are generated” — is describing a superseded document.

Vintage check
When you read any third-party summary of GitHub Copilot’s data handling, check its date against March 5, 2026 — the day the Copilot-specific terms were deprecated. Pre-March descriptions quote a document that no longer governs new Business and Enterprise subscriptions. The current answers exist in GitHub’s Trust Center FAQ; this pass could not render them, so the census leaves those cells open rather than backfilling from the archived terms.

07Using The CensusHow to use this table without over-reading it.

For procurement and security reviews, the table is raw material, not a verdict. Three usage rules keep it honest. First, always carry the tier: a retention or training answer without its plan tier is a different (and usually wrong) claim, so match the row’s tier language to the tier you are actually buying. Second, treat unresolved cells as questions to put to the vendor, not as answers — the rows marked JS-gated in particular likely have published answers a human can reach in a browser session. Third, remember what a documentation census cannot tell you: whether the documented control governs the actual data flow. That last question is answerable only by testing, and this census deliberately does not claim to have done it for any row.

The natural companion piece is the procurement questions this table is built to help you ask — the census supplies the documented baseline per vendor, the checklist turns open cells into contract questions. Teams that want help running this kind of evaluation against their own shortlist and tiers can look at our AI transformation engagements, which start from exactly this documented-versus-verified distinction.

Looking forward, two things seem likely to change fastest. The three rows with no locatable policy page can each be fixed by a vendor shipping a single URL — so those cells may be the shortest-lived findings here, and re-running the census against them is cheap. And the ownership churn around these products — one census vendor changed parent companies three days before this data was retrieved — can move terms without moving URLs, which is why the as-of date travels with every figure rather than sitting in a footnote.

Cite this
Digital Applied, “Where Your Code Goes: A Census of Agent Data Terms,” Digital Applied Blog, August 17, 2026, https://www.digitalapplied.com/blog/coding-agent-data-terms-census-2026The dataset reflects vendor documentation as of August 17, 2026. If you re-fetch a primary source later and a cell has changed, the change is the news — cite the as-of date alongside the figures.

08ConclusionThe gaps are the finding.

Where your code goes, August 2026

Seventeen vendors, six questions, and an honest account of every cell that would not close.

The census’s headline is not a ranking. It is that the questions procurement teams actually ask — how long is my code kept, is it trained on, at which tier, says who — are fully answerable from public documentation for some vendors, partially for others, and not at all for three, on the date checked. Full, clear documentation of all six questions is demonstrably realistic: one specialist vendor answers every question outright, and two more leave only a single sub-point open. It is not an unreasonable standard to hold the rest of the category to.

The equally important half is what this table does not say. An unresolved cell is not an accusation; a documented “no training” is not a verified one; and a vendor with more open cells is not shown to be worse in practice — only less publicly legible on these six questions, through the URLs this pass could reach, on August 17, 2026. Keeping those distinctions visible in the table itself, rather than flattening them into a score, is what makes the dataset citable at all.

Vendor documentation changes without notice, ownership changes move faster than terms pages, and three of these rows could be transformed by a single working URL. This census is a snapshot with a stated method — re-run it, and the differences between snapshots become the story.

Tool selection with the terms read first

Buy the tier you evaluated, and evaluate the terms you are actually under.

We evaluate AI coding tools against real procurement requirements — data terms read at the tier you are buying, open cells turned into vendor questions, and documented claims separated from verified behaviour.

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FAQ · Agent data terms census

The questions this census exists to answer.

It depends on the vendor and, almost everywhere, on your plan tier — which is why this census refuses to give one-word answers. In the documented cases: Anthropic and OpenAI state commercial and API traffic is not trained on by default; Cursor trains by default unless Privacy Mode is on; Windsurf trains by default with a tiered opt-out; Amazon Q trains on Free-tier content by default but not Pro; Google Antigravity uses recorded Interactions to improve products by default with a settings opt-out; Tabnine states a no-train-no-retain policy regardless of model. Several other rows are undocumented at the checked URLs — which is not evidence of training or of its absence. Match the row in the table to the tier you are actually on before concluding anything.
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