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.
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"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 GitHub Copilot Product Terms
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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 300 platforms. See the full comparison.
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