Customer agreements · GitHub

GitHub Copilot Product Specific Terms

NOTE: These terms have been deprecated effective 5 March 2026. New subscriptions and renewals that occur on 5 March 2026 and later are not governed by this document, and are instead governed by the GitHub Generative AI Services Terms available at gh.io/terms.

Your agreement consists of these Product Specific Terms for GitHub Copilot, combined with your main agreement with us – the GitHub Customer Agreement’s General Terms, or the GitHub Corporate Terms of Service or similar legacy agreement. This combined document is the “Agreement.”

These terms only apply to Copilot Business and Copilot Enterprise, and only when purchased directly from GitHub. If you purchase GitHub under a Microsoft agreement, these terms do not apply to you and your use of GitHub Copilot is instead governed by your Microsoft Product Terms, including the Microsoft Product Terms for GitHub Offerings. If you purchase GitHub Copilot Individual, these terms do not apply to you and your use of GitHub Copilot is instead governed by the GitHub Terms of Service, including the GitHub Privacy Statement and the GitHub Terms for Additional Products and Features.

By using GitHub Copilot, you agree to the General Terms unless you and GitHub have another Agreement in place, and you agree to the Data Protection Agreement unless your Agreement with GitHub already includes a different data protection agreement.

These terms may only be modified in a written document signed by you and GitHub. Capitalized terms not defined here have their respective meanings given in the Agreement.

1. Using GitHub Copilot.

GitHub Copilot includes tools for your code editor, as well as optional tools that can be used through a command-line interface, web browser, or mobile device. To use GitHub Copilot within your code editor, you need to install an extension to that editor.

2. Ownership of Suggestions and Your Code.

GitHub does not own Suggestions. You retain ownership of Your Code.

3. Responsibility for Your Code.

You retain all responsibility for Your Code, including Suggestions you include in Your Code or reference to develop Your Code. It is entirely your decision whether to use Suggestions generated by GitHub Copilot. If you use Suggestions, GitHub strongly recommends that you have reasonable policies and practices in place designed to prevent the use of a Suggestion in a way that may violate the rights of others. This includes, but is not limited to, using the filtering features available in GitHub Copilot.

4. Defense of Third Party Claims.

If your Agreement provides for the defense of third party claims, that provision will apply to your use of GitHub Copilot, including to the Suggestions you receive.

5. Acceptable Use.

Your use of GitHub Copilot is subject to the Acceptable Use Policies, the AI Code of Conduct, and the Required Mitigations. For example, you may not prompt GitHub Copilot with content that is unlawful or otherwise prohibited by the Acceptable Use Policies, and you may not use GitHub Copilot to generate Suggestions whose use you know (or reasonably should know) would be unlawful or would infringe on the rights of others.

6. Data.

A. Generally. GitHub Copilot sends an encrypted Prompt from you to GitHub to provide Suggestions to you. Except as detailed below, Prompts are transmitted only to generate Suggestions in real-time, are deleted once Suggestions are generated, and are not used for any other purpose. Prompts are encrypted during transit and are not stored at rest without your permission.