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GitHub Copilot vs ChatGPT

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

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

ChatGPT logo
ChatGPT
AI
★★★★☆
Fairly user-friendly

The documents provide strong consumer rights for covered users, including local-court dispute resolution, preserved statutory rights, meaningful privacy controls, deletion/export tools, and a training opt-out. Main concerns are broad data collection, model-training use by default, auto-renewal, admin access for work accounts, and retention exceptions.

ChatGPT’s EEA/UK/Switzerland terms are relatively consumer-protective compared with many online services: users keep input ownership and generally own output, can go to local courts, and get clear account controls such as deletion, export, training opt-out, and temporary chats. At the same time, OpenAI collects broad usage and content data, may use content to improve models unless you opt out, auto-renews paid plans, and reserves rights to suspend accounts and retain some data for safety, legal, and business reasons.

Points of interest

  • positive ●●●●● privacy
    Strong deletion and export controls

    Users can delete chats, delete accounts, export data, use temporary chats, and manage memory settings. Deleted personal data is generally removed within 30 days unless an exception applies.

  • negative ●●●●○ terms
    Content used to improve models

    OpenAI can use your prompts, uploads, and outputs to develop and improve services, including model training, unless you opt out. This creates a meaningful privacy tradeoff for sensitive chats.

  • positive ●●●●○ terms
    No forced arbitration

    Disputes can go to your local courts, which is more user-friendly than mandatory arbitration or class-action waivers. EEA users also get access to an EU dispute resolution platform.

  • positive ●●●●○ terms
    Statutory rights preserved

    The terms explicitly say consumer rights under applicable law are not waived. This helps protect users against overbroad contract terms.

  • positive ●●●●○ terms
    You own input and output

    Users retain ownership of their input and, where legally permitted, own the output assigned by OpenAI. That is stronger than services that claim broad ownership over user-generated results.

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

    You can turn off use of your content for model training in account settings. This is a significant privacy control, even though it is not the default.

  • negative ●●●○○ privacy
    Broad data collection

    The privacy policy allows collection of account data, payment data, prompts, files, contacts, device, usage, cookies, location, and some outside-source data. Users should assume extensive telemetry and content processing.

  • negative ●●●○○ privacy
    Retention exceptions apply

    Although deletion tools exist, OpenAI may keep data longer for legal, security, fraud, abuse, and accounting reasons, and de-identified training data may remain disassociated from your account. So deletion is not always immediate or absolute.

  • negative ●●●○○ privacy
    Work admins can access content

    If you use an employer or business-linked account, administrators may control the account and access your content, and your organization may learn you have the account. That reduces privacy in workplace contexts.

  • positive ●●●○○ terms
    Clear notice of term changes

    Material adverse changes to the terms require at least 30 days' advance notice. This is better than immediate unilateral changes without warning.

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

    Paid plans renew automatically until canceled. After the 14-day cooling-off period, cancellation usually stops future charges but does not refund the remaining billing period.

  • neutral ●●○○○ privacy
    International data transfers

    Personal data may be processed outside Europe, including in the United States, using adequacy decisions or standard contractual clauses. This is common, but some users may prefer local-only processing.

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.