Midjourney vs GitHub Copilot

Midjourney can use, modify, sublicense, and distribute your prompts and generated assets forever, even after you leave. That means your content may be reused for service, product, or downstream purposes without additional payment or permission.

Content you post is publicly viewable and remixable unless you use the limited Stealth feature. In shared spaces like Discord, other people can still see your creations regardless of Stealth.

Disputes must go to binding arbitration in Santa Clara County, and you waive the right to a jury trial. This can make it harder and more expensive to bring claims in court.

Midjourney can update the agreement and keep the service terms changing over time, with continued use treated as acceptance. If you disagree, your only real option is to stop using the service.

The company can suspend or ban access at any time and for any reason. That creates a significant account-risk if your work depends on continuous access.

Midjourney says it uses third-party processors and does not store your credit card information, only confirmation that payment was made. That reduces the amount of sensitive payment data kept directly by Midjourney.

Midjourney says it may use analytics and advertising partners and advertising cookies to deliver more relevant ads. Users can opt out of certain sharing in privacy settings, but the default collection/sharing posture is still fairly broad.

The service collects prompts, uploaded content, IP address, cookies, usage data, and contact details. For an AI tool, that means the things you type and upload may become part of the service’s retained personal data footprint.

Personal data is kept as long as needed for the stated purposes, legal compliance, disputes, and enforcement. In practice, that means information may linger well beyond account use if Midjourney decides it is needed for legal or policy reasons.

EEA, UK, Swiss, and California users have access, correction, deletion, portability, and some objection/opt-out rights. The practical upside is a usable account-based path to request account/data deletion.

The policy gives a concrete path to delete your account and data through the account page, and says survey data can also be accessed and deleted. That makes rights requests more actionable than vague contact-only promises.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.