Get the weekly research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean. No account.
Customers with agreements predating February 15, 2024, or whose order forms explicitly reference the AI Terms of Use, are governed by separate AI-specific terms. All other customers have their AI tool usage governed by the base Terms of Service.
This analysis describes what Sourcegraph Cody'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 creates two distinct legal frameworks governing AI tool usage depending on agreement execution date, which means enterprise customers may be operating under materially different AI-related obligations, rights, and limitations depending solely on when their agreement was signed.
Under this clause, the specific terms governing a customer's use of Sourcegraph AI tools depend on whether the agreement predates February 15, 2024. Customers in the pre-2024 cohort are subject to a separate AI Terms of Use document rather than the base Terms of Service provisions on AI tools.
Cross-platform context
See how other platforms handle AI Terms of Use Conditional Activation and similar clauses.
Compare across platforms →Monitoring
Sourcegraph Cody has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"You entered into an Agreement with Sourcegraph prior to the introduction of AI Tools into the Services (February 15, 2024) or your Order Form states that these terms apply to your use of AI Tools in the Services. Use of AI Tools for all other customers are governed by the Sourcegraph Terms of Service.Excerpt from Sourcegraph Cody's Sourcegraph Terms of Service
1. REGULATORY LANDSCAPE: The EU AI Act, which establishes obligations for providers and deployers of AI systems, may apply to Sourcegraph's AI tools used by EU-based customers. The conditional activation of separate AI Terms of Use based on agreement date creates a question about whether both versions of the AI terms satisfy any applicable regulatory disclosure or contractual requirements under the EU AI Act or analogous frameworks. The FTC also has jurisdiction over AI-related unfair or deceptive practices. 2. GOVERNANCE EXPOSURE: High. Enterprise legal teams must determine which AI governance framework applies to their organization based on agreement execution date. If internal AI governance policies or vendor assessments were based on the base Terms of Service AI provisions, customers subject to the separate AI Terms of Use may have unassessed exposure. 3. JURISDICTION FLAGS: EU and UK organizations deploying Sourcegraph AI tools should assess both the AI Terms of Use and base Terms of Service AI provisions against EU AI Act requirements. California-based enterprises should evaluate whether either document satisfies CCPA obligations regarding automated decision-making or AI-processed personal data. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm agreement execution dates and obtain and review the separate AI Terms of Use document for pre-February 15, 2024 customers. Vendor risk assessments should distinguish between the two applicable frameworks and document which applies to the organization's account. 5. COMPLIANCE CONSIDERATIONS: Legal teams should request a copy of the AI Terms of Use applicable to pre-2024 agreements and compare it against the base Terms of Service AI provisions to identify material differences in data handling, liability, permitted uses, and output ownership. Annual contract reviews should include a check on whether order form language has altered AI terms applicability.
Full institutional analysis
Regulatory citations, enforcement risk, and due diligence action items.
Monitor: same-day alerts on the platforms you choose. Analyst: full institutional analysis.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision creates two distinct legal frameworks governing AI tool usage depending on agreement execution date, which means enterprise customers may be operating under materially different AI-related obligations, rights, and limitations depending solely on when their agreement was signed.
Under this clause, the specific terms governing a customer's use of Sourcegraph AI tools depend on whether the agreement predates February 15, 2024. Customers in the pre-2024 cohort are subject to a separate AI Terms of Use document rather than the base Terms of Service provisions on AI tools.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Sourcegraph Cody.