“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.”
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 extends an existing contractual protection—if present—to cover GitHub Copilot use and Suggestions, but only if the user's Agreement already contains such a provision.
If your Agreement with GitHub includes a third-party claims defense provision, that protection covers your use of GitHub Copilot and the Suggestions you receive; if your Agreement does not include such a provision, this clause confers no protection.
How other platforms handle this
the Indemnifying Party being given full and complete control over the defense and settlement of the Claim
The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
"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.Excerpt from GitHub's Copilot Product Terms
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This clause extends an existing contractual protection—if present—to cover GitHub Copilot use and Suggestions, but only if the user's Agreement already contains such a provision.
If your Agreement with GitHub includes a third-party claims defense provision, that protection covers your use of GitHub Copilot and the Suggestions you receive; if your Agreement does not include such a provision, this clause confers no protection.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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