Provision record
GitHub · GitHub Copilot Product Terms · View original document ↗

Third Party Claims Defense Applies to Copilot

High confidence Common · 225 of 343 platforms

Key Facts · in the document’s own words

When does a user's Agreement's provision for defense of third-party claims apply to GitHub Copilot?
“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.”
Version CA-V-006697, captured Sept. 11, 2026 · live source ↗
Our reading, not the document’s words
GitHub establishes that if a user's Agreement provides for the defense of third-party claims, that provision applies to the user's use of GitHub Copilot, including to the Suggestions the user receives.
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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

Generated by a model from the captured document; not read by a person

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.

Consumer impact (what this means for users)

Generated by a model from the captured document; not read by a person

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

Heap

the Indemnifying Party being given full and complete control over the defense and settlement of the Claim

Anyscale

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...

Hilton

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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 details

Document information
Document
GitHub Copilot Product Terms
Entity
GitHub
Tracking information
First captured by ConductAtlas
July 2, 2026
Text quoted from version
CA-V-006697, captured Sept. 11, 2026
Record ID
CA-P-065367
Document ID
CA-D-000776
Evidence Provenance
Source URL
Wayback Machine
Archived bytes SHA-256 (version CA-V-006697)
0107b0b7a1a96951c6adef972a059a7634fe5c98c84ba8ec28ab39fd4c9e6989
Analysis generated
July 12, 2026 14:12 UTC
Methodology
Evidence
✓ Excerpt found in version CA-V-006697, captured Sept. 11, 2026 (checked Oct. 5, 2026)
Citation Record
Entity: GitHub
Document: GitHub Copilot Product Terms
Record ID: CA-P-065367
Version: CA-V-006697
Captured: 2026-09-11 00:42:03 UTC
SHA-256: 0107b0b7a1a96951…
URL: https://conductatlas.com/platform/github/github-copilot-product-terms/provision/CA-P-065367/third-party-claims-defense-applies-to-copilot/
Accessed: Oct. 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Categories

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Frequently Asked Questions

What does GitHub's Third Party Claims Defense Applies to Copilot clause do?

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.

How does this clause affect you?

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 many platforms have this type of clause?

ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.