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Claude vs GitHub Copilot

Side-by-side comparison of the Terms of Service and Privacy Policy of Claude and GitHub Copilot.

Claude logo
Claude
AI
★★★☆☆
Mixed / moderately user-friendly

The service includes several user-friendly protections—no mandatory arbitration, local court access for EEA/Swiss users, user rights in inputs/outputs, clear deletion timing, portability, and a statement that it does not sell personal data. But it also defaults to using prompts and outputs for model training, collects broad technical and content data, auto-renews subscriptions, limits liability, and allows suspension/termination with potential deletion of account materials.

Claude’s consumer terms for EEA/Swiss users are relatively transparent and preserve user ownership of inputs while assigning output rights to users. Privacy terms are mixed: Anthropic collects substantial usage and content data and may use prompts/outputs for model training by default unless you opt out, but it offers deletion, access, portability, objection rights, and says it does not sell personal data. Disputes stay in court rather than mandatory arbitration.

Points of interest

  • negative ●●●●○ terms
    Training on chats by default

    Your prompts, outputs, and feedback may be used to improve services and train models unless you opt out. Even after opting out, flagged content and reported feedback can still be used for training or safety review.

  • positive ●●●●○ terms
    No mandatory arbitration

    Users can bring disputes in court, and EEA/Swiss consumers may also file claims in their local courts. That preserves ordinary legal remedies instead of forcing private arbitration.

  • positive ●●●●○ terms
    You keep input rights

    Anthropic says you retain rights in your submitted content, and it assigns any rights it has in outputs to you. This is unusually favorable compared with services that claim broad ownership over user content.

  • positive ●●●●○ privacy
    Clear deletion timeline

    Deleted conversations are removed from your history immediately and from Anthropic’s back-end within 30 days. This is a concrete and user-friendly retention promise for chat history.

  • positive ●●●●○ privacy
    No sale of personal data

    Anthropic expressly says it does not “sell” personal data under applicable privacy laws. It also offers opt-outs for targeted advertising and says it honors global privacy controls.

  • negative ●●●○○ privacy
    Broad data collection

    Anthropic collects not just account and payment details, but also prompts, outputs, support messages, IP address, device data, usage logs, and cookies. That gives the service a detailed picture of your activity and interactions.

  • negative ●●●○○ terms
    Auto-renewing subscription

    Paid plans renew automatically unless canceled at least 24 hours before the end of the current term. Payments are generally nonrefundable outside legal cancellation rights.

  • negative ●●●○○ terms
    Can change terms and service

    Anthropic may revise the terms and modify, suspend, or discontinue services, usually with 30 days' notice for material changes. This gives it significant flexibility to alter features, pricing, or rules later.

  • negative ●●●○○ terms
    Liability cap applies

    If something goes wrong, Anthropic’s liability is capped at the greater of what you paid in the prior six months or €100, subject to mandatory legal exceptions. That can sharply limit compensation for losses.

  • positive ●●●○○ privacy
    Access and portability rights

    Depending on location, users may request access, deletion, correction, portability, restriction, objection, and consent withdrawal. The policy also points to Privacy Settings and a dedicated privacy email for requests.

  • negative ●●○○○ terms
    Termination may delete data

    Anthropic may suspend or terminate access for breaches, legal compliance, security needs, or long inactivity, and it may delete materials tied to your account after termination. Users should not assume indefinite access to stored chats or content.

  • neutral ●●○○○ privacy
    International data transfers

    Personal data may be transferred to the US and other countries, with Anthropic relying on adequacy decisions or standard contractual clauses. This is common, but it means your data may be processed outside your home jurisdiction.

Documents

GitHub Copilot logo
★★★☆☆
Mixed / moderately user-respecting

GitHub offers meaningful privacy controls, deletion and portability rights, private-repo confidentiality promises, and advance notice for material changes. But the service also takes broad rights to use content for service improvement and AI training, collects extensive data, limits liability heavily, and allows sharing with affiliates and advertising partners in some contexts.

GitHub Copilot is governed by GitHub’s general terms and privacy rules. The documents are relatively transparent and include user rights like access, deletion, portability, cookie controls, and notice before material policy changes. Key tradeoffs are broad licenses over content and AI inputs/outputs, AI training by default unless you opt out, strong warranty/liability disclaimers, and broad data collection and sharing for product improvement and some advertising contexts.

Points of interest

  • negative ●●●●● terms
    Strong liability disclaimer

    The service is provided as-is, with broad warranty disclaimers and major limits on GitHub’s liability for losses, downtime, or data issues. If Copilot or GitHub causes harm, your remedies may be very limited.

  • negative ●●●●○ terms
    AI training by default

    Copilot inputs and outputs can be used to develop and improve GitHub and affiliate AI models unless you opt out. This matters if you do not want prompts, code context, or generated outputs used for model improvement.

  • negative ●●●●○ terms
    Broad content license

    Even though you keep ownership, GitHub gets broad rights to host, copy, analyze, display, and use your content to run and improve the service, including AI-related improvement. For public content, other users can also view and fork it under platform rules.

  • positive ●●●●○ terms
    Private repos treated confidentially

    GitHub expressly says private repository contents are confidential and limits staff access to listed situations like security, support, service integrity, or legal compliance. This is a meaningful protection for non-public code.

  • positive ●●●●○ privacy
    Access, deletion, portability rights

    GitHub says eligible users can access, correct, delete, restrict, object to processing, withdraw consent, and receive portable copies of their data. These are strong, user-helpful privacy rights.

  • negative ●●●○○ terms
    Outputs may infringe or fail

    GitHub warns Copilot output may be inaccurate, incomplete, vulnerable, or resemble third-party code, and puts review responsibility on you. Users cannot rely on output being safe or license-clean.

  • negative ●●●○○ privacy
    Extensive data collection

    GitHub collects account data, content, device and usage data, cookies, support data, geolocation, and information from third parties. That gives the company a broad picture of your activity across the service.

  • negative ●●●○○ privacy
    Affiliate and ad sharing

    Data may be shared with affiliates including Microsoft, service providers, partners, authorities, and in some cases advertising and analytics networks. The policy also says some personal information is "shared" for marketing and audience measurement under applicable law.

  • positive ●●●○○ terms
    AI opt-out available

    You can opt out of having Copilot inputs and outputs used for AI model development going forward. This is a practical privacy control, though it does not undo broader repository-content licenses elsewhere in the terms.

  • positive ●●●○○ terms
    Clear cancellation and deletion

    Account cancellation is described as a simple self-serve flow, and GitHub says it will generally delete your full profile and repository contents within 90 days, subject to backups and legal exceptions. You can also request a copy of account contents within 90 days.

  • positive ●●●○○ privacy
    Cookie controls honored

    GitHub offers multiple ways to reject non-essential cookies, including settings links, browser controls, Do Not Track, extensions, and Global Privacy Control. It also states it does not sell data and will not share data when GPC is detected.

  • positive ●●○○○ terms
    30-day change notice

    GitHub promises advance notice for material changes to both the terms and privacy statement. That gives users some time to review updates before they take effect.

Documents

Comparison is based on each service's published Terms of Service and Privacy Policy. Read the source documents linked above before relying on any specific clause.