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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 Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you...and in that case, you agree to cooperate with our defense of those claims.
We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.
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"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
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
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 233 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.