The terms state that experimental or pre-release Copilot functionality is excluded from this agreement and governed by separate pre-release license terms. Participation in previews is opt-in.
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 users who opt into experimental Copilot features are subject to different and separately published terms, which may contain different data handling, liability, or acceptable use provisions than this document. The pre-release license terms are not reproduced or linked in this document.
Under these terms, use of experimental or pre-release Copilot features is governed by GitHub's standard pre-release license terms rather than this agreement. Users who opt into previews should review the applicable pre-release terms separately to understand the data handling and liability provisions that apply.
Cross-platform context
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Compare across platforms →"GitHub Copilot is under active development. From time to time, GitHub may allow you to opt in to experimental functionality or to preview experimental Copilot services that are not generally available. If you choose to participate in such a preview, your use of pre-release software or services will not be governed by this document and will instead be governed by GitHub's standard pre-release license terms.Excerpt from GitHub's Copilot Product Terms
(1) REGULATORY LANDSCAPE: Pre-release or experimental AI functionality may present distinct data protection considerations, particularly if such features involve different Prompt processing, retention, or model training practices than the generally available product.
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This provision establishes that users who opt into experimental Copilot features are subject to different and separately published terms, which may contain different data handling, liability, or acceptable use provisions than this document. The pre-release license terms are not reproduced or linked in this document.
Under these terms, use of experimental or pre-release Copilot features is governed by GitHub's standard pre-release license terms rather than this agreement. Users who opt into previews should review the applicable pre-release terms separately to understand the data handling and liability provisions that apply.
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