AIgree
← back

GitHub Copilot vs Google Gemini

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

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

Google Gemini logo
★★★☆☆
Mixed

Gemini benefits from relatively strong transparency, account controls, export/deletion tools, and a promise not to reduce privacy-policy rights without consent. But Google’s data collection is extensive, cross-service linking is broad, advertising/personalization uses are significant, and retention can last until account deletion or longer for business/legal reasons.

Google Gemini is governed by Google’s broader legal framework, with AI-specific terms that mainly add use restrictions and strong accuracy disclaimers. Privacy-wise, Google collects broad account, device, activity, location, and partner data, uses it across services for personalization and ads, but also offers comparatively robust user controls for access, export, deletion, and some ad/activity settings.

Points of interest

  • negative ●●●●○ privacy
    Broad data collection

    Google says it collects the information you provide, created content, device details, activity, location, cookies, and information from partners or public sources. For users, that means Gemini may sit inside a much wider Google data ecosystem than just your chatbot prompts.

  • negative ●●●●○ privacy
    Cross-service tracking linkage

    Google may combine information across its services, devices, and even some third-party sites/apps using Google services. This can increase profiling and make your activity in one product influence personalization or ads elsewhere.

  • negative ●●●●○ privacy
    Personalized ads use

    Your data may be used for personalized content and ads, depending on settings. Although Google says it does not share directly identifying info with advertisers without your request, your activity can still drive ad targeting and measurement.

  • positive ●●●●○ privacy
    Export and deletion tools

    Google provides account tools to review, export, delete specific items, delete product data, or delete the whole account. This gives users meaningful practical control compared with many services.

  • positive ●●●●○ privacy
    Strong privacy controls

    Users get dashboards like My Activity, Activity Controls, Ad Settings, browser controls, and device settings. These controls can limit saved activity, manage ad personalization, and review stored data.

  • negative ●●●○○ privacy
    Third-party activity linked

    Activity on other sites and apps that use Google services may be associated with your account, depending on settings. Practically, that can extend Google’s visibility beyond Gemini and Google-owned properties.

  • negative ●●●○○ privacy
    Long, flexible retention

    Google keeps some data until you delete your account, and other data may be retained longer for legal, security, fraud, or business reasons. Deletion may also be delayed while backups and active systems are cleared.

  • positive ●●●○○ privacy
    No outside sharing by default

    Google says it does not share personal information outside Google except for consent, admins, processors, legal reasons, or business transfers. That is more protective than policies that broadly allow sale or unrestricted third-party sharing.

  • positive ●●●○○ privacy
    Policy rights not reduced

    Google promises it will not reduce rights under the Privacy Policy without explicit consent and will provide notice of significant changes. That is a user-friendly limitation on unilateral erosion of privacy protections.

  • negative ●●○○○ privacy
    Admins may access data

    If you use a school or work Google account, your administrator may access stored information, change settings, suspend access, and limit deletion or privacy controls. That reduces privacy and autonomy compared with a personal account.

  • negative ●●○○○ terms
    AI output unreliable

    Google expressly warns that Gemini may generate inaccurate or offensive content and should not be relied on for professional advice. Users bear the practical risk of verifying outputs before use or publication.

  • neutral ●●○○○ terms
    No model-training competition

    The terms prohibit using Gemini to develop machine learning models or related technology. This mainly affects developers and businesses hoping to repurpose outputs or service use for competing AI development.

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.