“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...”
This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause removes an entire class of users from the scope of these terms and redirects them to a different governing framework, meaning their rights and obligations under GitHub Copilot are determined elsewhere.
Interpretive note: The excerpt ends with an ellipsis, suggesting additional content that was not provided. The canonical claim reflects only what the available language establishes.
If you purchased GitHub under a Microsoft agreement, these terms do not govern your use of GitHub Copilot; your Microsoft Product Terms do.
How other platforms handle this
To the extent that any provisions in the Business Terms of Service conflict with these Terms, the Business Terms of Service shall govern to the extent of the conflict.
Regardless of who terminates these Terms, both you and Snap continue to be bound by Sections 2, 3 (to the extent any additional terms and conditions would, by their terms, survive), and 6 - 25 of the Terms.
The Terms of Service, which incorporate the Guidelines, is the entire agreement between you and Twitch relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties...
"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...Excerpt from GitHub's Copilot Product Terms
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
This clause removes an entire class of users from the scope of these terms and redirects them to a different governing framework, meaning their rights and obligations under GitHub Copilot are determined elsewhere.
If you purchased GitHub under a Microsoft agreement, these terms do not govern your use of GitHub Copilot; your Microsoft Product Terms do.
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.