The terms explicitly exclude two user categories from their scope: users who purchase through a Microsoft agreement, and users on the GitHub Copilot Individual plan. Each excluded group is directed to a different governing document.
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 provision establishes that the applicable governing terms for GitHub Copilot depend on the procurement channel and plan type, creating three parallel governance tracks. Organizations should confirm their procurement channel to identify which document governs their use.
Under these terms, only Copilot Business and Enterprise customers purchasing directly from GitHub are governed by this document. Microsoft-channel purchasers are subject to Microsoft Product Terms, and Individual plan users are subject to the GitHub Terms of Service and associated documents.
Cross-platform context
See how other platforms handle Exclusion of Microsoft-Channel and Individual Plan Purchasers and similar clauses.
Compare across platforms →"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.Excerpt from GitHub's Copilot Product Terms
(1) REGULATORY LANDSCAPE: The scoping mechanism itself does not directly engage a regulatory framework, but the governing documents applicable to Microsoft-channel purchasers and Individual plan users may contain materially different data protection, liability, and acceptable …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision establishes that the applicable governing terms for GitHub Copilot depend on the procurement channel and plan type, creating three parallel governance tracks. Organizations should confirm their procurement channel to identify which document governs their use.
Under these terms, only Copilot Business and Enterprise customers purchasing directly from GitHub are governed by this document. Microsoft-channel purchasers are subject to Microsoft Product Terms, and Individual plan users are subject to the GitHub Terms of Service and associated documents.
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