Midjourney vs GitHub Copilot

Even if you own your creations, you give Midjourney an irrevocable, worldwide, royalty-free license to use, display, modify, sublicense, and distribute your inputs and outputs forever. This survives account termination.

Your prompts and creations are generally public and can be remixed by others unless you use paid stealth features. Even then, content shared in places like Discord chatrooms may still be visible to others.

Disputes must go to binding arbitration in Santa Clara County instead of court, and you waive jury trial rights. This usually makes it harder to bring claims in a public court.

Midjourney can modify features, algorithms, pricing, or discontinue the service at any time, and continued use means acceptance of updated terms. This creates uncertainty if you rely on specific tools or policies.

The service is provided as-is, with broad warranty disclaimers, and Midjourney caps its liability to fees paid in the prior 12 months. Users also agree to indemnify the company for third-party claims related to their use.

Midjourney says you own assets you create, which is a significant user benefit compared with some AI services. However, larger companies need a higher-tier plan to keep that ownership.

The privacy policy offers account-based ways to access, delete, correct, restrict, object to processing, and port data for certain regions, with California rights too. That gives users meaningful control over their information.

You can cancel anytime, but Midjourney says you will not get a refund for the current subscription period. That can matter if the service changes, disappoints, or your account is terminated mid-cycle.

Midjourney collects prompts, uploads, IP address, usage data, cookies, and some third-party data, and may share data with service providers, analytics and advertising partners, and in business transfers. This is broader than a minimal-data service.

Midjourney says payment cards are handled by third-party processors and it keeps only payment confirmation. That reduces the amount of sensitive financial data held directly by Midjourney.

If law enforcement requests your personal data, Midjourney says it will promptly notify you and provide a copy unless legally prohibited. That is a useful transparency commitment not all services make.

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.