31 Total
9 High severity
19 Medium severity
3 Low severity

Key Facts

What must use of GitHub Copilot be subject to?
GitHub requires that use of GitHub Copilot be subject to the Acceptable Use Policies, the AI Code of Conduct, and the Required Mitigations.
Must use of GitHub Copilot be subject to the Acceptable Use Policies and AI Code of Conduct?
GitHub requires that use of GitHub Copilot be subject to the Acceptable Use Policies, the AI Code of Conduct, and the Required Mitigations.
What responsibility do users retain for their Code?
GitHub requires users to retain all responsibility for their Code, including Suggestions they include in their Code or reference to develop their Code.
Must users retain all responsibility for their Code, including Suggestions they include or reference?
GitHub requires users to retain all responsibility for their Code, including Suggestions they include in their Code or reference to develop their Code.
Do users retain ownership of their Code?
GitHub establishes that users retain ownership of their Code.
When were these terms deprecated?
GitHub deprecated these terms effective 5 March 2026, and new subscriptions and renewals occurring on or after that date are not governed by this document.
Does GitHub own Suggestions?
GitHub establishes that it does not own Suggestions.
To whom do these terms not apply?
GitHub establishes that these terms do not apply to users who purchase GitHub under a Microsoft agreement, whose use of GitHub Copilot is instead governed by their Microsoft Product Terms.
Do these terms apply to users who purchase GitHub under a Microsoft agreement?
GitHub establishes that these terms do not apply to users who purchase GitHub under a Microsoft agreement, whose use of GitHub Copilot is instead governed by their Microsoft Product Terms.
What does GitHub prohibit regarding use of Suggestions?
GitHub prohibits users from using GitHub Copilot to generate Suggestions whose use the user knows, or reasonably should know, would be unlawful or would infringe on the rights of others.
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Summary

These terms set the rules for using GitHub Copilot, including what content you can and cannot submit as prompts and what kinds of suggestions you may not generate. You keep ownership of your code, but you are fully responsible for anything you build with or include from Copilot's suggestions — GitHub takes no responsibility for that. These terms were deprecated on 5 March 2026, so if your subscription is new or renewed on or after that date, different terms apply to you.

Analysis

These GitHub Copilot Product Terms establish the conditions under which users may access and use GitHub Copilot, including three distinct compliance frameworks governing acceptable use: the Acceptable Use Policies, the AI Code of Conduct, and the Required Mitigations. The terms allocate responsibility and ownership clearly: users retain both ownership of their Code and full responsibility for it, including any Suggestions incorporated into or used to develop that Code, while GitHub asserts no ownership over Suggestions. The document's scope is expressly limited: it does not apply to users who purchase GitHub under a Microsoft agreement, it requires agreement to the General Terms and a Data Protection Agreement unless superseding agreements are already in place, and it was deprecated effective 5 March 2026 such that new subscriptions and renewals on or after that date are not governed by this document. Prompts submitted through tools operating outside the code editor, such as the CLI, are retained by GitHub Copilot to provide the service.

What this means for you

As a user of GitHub Copilot under these terms, you own your code but bear complete responsibility for it, including any AI-generated suggestions you incorporate or reference. You are prohibited from submitting unlawful prompts or using Copilot to generate suggestions whose use you know or reasonably should know would be unlawful or infringe on others' rights. If you use GitHub Copilot tools outside the code editor — such as the command-line tool — your prompts are retained by GitHub Copilot to provide the service, which is a distinct data handling practice from in-editor use. If your GitHub subscription was purchased under a Microsoft agreement, these terms do not govern your use, and you should consult your Microsoft Product Terms instead.

Institutional Analysis
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Which mapped governance frameworks each document engages, tied to the specific provisions that engage them.

1 important change detected

2 versions captured · Last updated: July 2026

What changed GitHub added a version identifier 'October 2024' to the GitHub Copilot Product Terms on July 7, 2026. This change appears to be a document-versioning update that establishes a baseline reference date for the terms. The operational significance is minimal; this is a formatting or administrative addition that does not alter the substantive rights, obligations, or conditions governing Copilot use.
Why this matters This change adds a version date identifier to the GitHub Copilot Product Terms. The addition does not alter the substantive rights, obligations, or permissions governing Copilot use. The updated terms continue to apply under the same operational framework.
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Featured, High severity
Featured, Medium severity

Complete Provision Index

Every distinct legal provision identified in this document. Featured provisions appear above with analysis.

31 provisions
12 featured
11 clause types
9 high severity
Intellectual Property 2 2 high
Indemnification 1 1 high
Liability Limitation 1 1 high
Policy Changes 1 1 high
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Mapped Governance Frameworks

CFAA
United States Federal
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DMCA
United States Federal
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DSA
European Union
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Archival ProvenanceSource & Archival Record
Last Captured July 7, 2026 00:36 UTC
Capture Method Automated scheduled archival capture
Document ID CA-D-000776
Version ID CA-V-004560
SHA-256 84c17d24d27ade5447d26fe46e6147312edfe991c45fa6a641e9ab5d665ed29c
✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Hash verified

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