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When a supplemental term such as the AI Terms of Use, Data Processing Agreement, or Security Exhibit conflicts with the base Terms of Service, the supplemental term governs on that subject matter. Each supplemental term activates only when its stated condition is met.
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 establishes the contractual priority structure across all Sourcegraph legal documents, which determines which obligations and limitations apply to a given customer in cases of conflict. Legal teams must assess which supplemental terms are triggered by their specific agreement conditions to understand the complete applicable framework.
The agreement establishes that supplemental terms override the base Terms of Service on covered subject matter when conflicts arise. Under this clause, the specific obligations that apply to a given user or customer depend on which supplemental terms are activated by their particular circumstances, such as agreement date, order form inclusions, or Government status.
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"The following documents supplement the Sourcegraph Terms of Service and apply when the described conditions are met. Where a Supplemental Term conflicts with the Sourcegraph Terms of Service, the Supplemental Term controls with respect to the subject matter it covers.Excerpt from Sourcegraph Cody's Sourcegraph Terms of Service
1. REGULATORY LANDSCAPE: The layered structure of this agreement engages general contract law principles regarding order of precedence and does not itself directly implicate a specific regulatory framework, but the downstream documents it activates (DPA, Privacy Policy, Security Exhibit) engage GDPR, CCPA, and applicable data protection law. The enforceability of tiered agreement structures may vary by jurisdiction. 2. GOVERNANCE EXPOSURE: Medium. The conditional activation structure means that the effective contractual terms for any given enterprise customer cannot be determined from the base Terms of Service alone. Procurement and legal teams must audit agreement execution dates and order form contents to establish which supplemental terms apply. 3. JURISDICTION FLAGS: EU and UK customers should verify that activated supplemental terms, particularly the Data Processing Agreement, satisfy GDPR and UK GDPR requirements for controller-processor contracts. California customers should confirm CCPA service provider contractual requirements are met through the applicable activated documents. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should treat this provision as a trigger for full-document review across all listed supplemental terms. The provision asserts that supplemental terms control on their subject matter, which is a standard commercial drafting approach, but the practical effect depends on which supplements are incorporated by reference into a given order form. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should map each activated supplemental term to the operational workflows it governs and confirm that internal data handling, acceptable use, and AI governance policies align with the applicable supplement. Where order forms are periodically renewed, teams should verify whether supplemental term applicability changes upon renewal.
This provision establishes the contractual priority structure across all Sourcegraph legal documents, which determines which obligations and limitations apply to a given customer in cases of conflict. Legal teams must assess which supplemental terms are triggered by their specific agreement conditions to understand the complete applicable framework.
The agreement establishes that supplemental terms override the base Terms of Service on covered subject matter when conflicts arise. Under this clause, the specific obligations that apply to a given user or customer depend on which supplemental terms are activated by their particular circumstances, such as agreement date, order form inclusions, or Government status.
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