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Mistral AI vs GitHub Copilot

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

Mistral AI logo
★★★★☆
Mostly user-friendly

The documents include several consumer protections: users own outputs, can export/delete data, can object to training, have a 14-day withdrawal right, and can sue in their home-country courts. The main drawbacks are training use in some cases, long retention for certain records, auto-renewing subscriptions, and fairly broad moderation/termination powers.

Mistral AI’s terms are fairly user-oriented on ownership, withdrawal rights, and dispute venue, with some strong GDPR-style rights and export controls. At the same time, the service uses prompts, outputs, feedback, and usage data for product improvement and sometimes model training, retains some API data for 30 days and some records for years, and allows automated moderation and broad content controls.

Points of interest

  • positive ●●●●● terms
    Export and delete tools

    The service says you can export your data from your account and delete your account at any time, with a Help Center procedure for deleting data and digital assets. That makes it easier to leave and take your data with you.

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

    Paid subscriptions renew automatically until you cancel, so you need to actively manage billing to avoid unwanted charges. Failed payments can also lead to suspension or downgrade.

  • negative ●●●●○ privacy
    Training uses your content

    Mistral may use your input, output, and feedback to train its models in certain cases, including free subscriptions and feedback submissions. If you do not opt out where available, your prompts and outputs may help improve the model.

  • positive ●●●●○ terms
    You own outputs

    Mistral says you own your outputs, which is good if you want to reuse, publish, or commercialize what the model generates. It also says you retain ownership of your inputs.

  • positive ●●●●○ privacy
    Can object to training

    Mistral says you can object to the use of your input and output data for model training from account settings. That gives users a meaningful control over one of the most sensitive uses of their content.

  • positive ●●●●○ terms
    Home-country courts apply

    For EEA consumers, you can bring claims in the courts of your country of residence, and your home-country substantive law applies. That is more user-friendly than forcing a distant forum or foreign law.

  • negative ●●●○○ privacy
    Long retention periods

    Le Chat conversations stay until you delete them, API inputs and outputs may be kept for 30 days for abuse monitoring, and some records are retained much longer, including invoices for 10 years. That means a lot of data can persist after use.

  • negative ●●●○○ terms
    Broad moderation controls

    Mistral reserves the right to monitor usage with automated tools and to remove or restrict data that violates its rules or creates risk. This can affect availability of your content or account if the service flags it.

  • positive ●●●○○ terms
    Withdrawal right offered

    You have a 14-day withdrawal right after subscribing, and Mistral says it will refund payments within 14 days after notice. This is a standard but important consumer protection for paid plans.

  • neutral ●●○○○ terms
    Conversation links are public

    If you share a conversation link, anyone with the link can view it, and Mistral says it does not control who accesses it. This is not a hidden clause, but it is easy to overlook and has obvious privacy implications.

  • neutral ●●○○○ privacy
    No US data sale or ad sharing

    For certain U.S. residents, Mistral says it has not sold, shared, or used personal data for targeted advertising in the previous 12 months. That is a reassuring privacy statement, though it is limited to a defined period and 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.