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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
Focal
WORKFLOW & AUTOMATION
PROMPT
Users retain nominal ownership of their submitted inputs ('Your Inputs'), but grant Focal a non-exclusive, royalty-free license to process that content for operation and maintenance of the Service. Metadata such as keywords or location data associated with content is also collected. Focal reserves the right to remove, edit, or delete any submitted content at any time without prior notice. No explicit assertion that users retain full exclusive ownership is made.
OUTPUT
Focal claims broad rights over outputs. Users are granted only monitoring rights, not exclusive ownership, over 'Your Outputs.' Focal holds a worldwide, royalty-free, transferable, sublicensable, and irrevocable (for so long as content is stored) license to access, use, reproduce, distribute, publish, modify, and otherwise process both inputs and outputs. A separate perpetual, worldwide, royalty-free, transferable, and sublicensable license is also granted specifically for model-training and improvement activities. Output ownership in any strong proprietary sense is not affirmed for users.
TRAINING
Training use is explicitly and broadly confirmed across multiple surfaces. The Privacy Policy states personal information may be used to 'train our artificial intelligence models' and that de-identified or anonymized data may be shared with third parties to train proprietary algorithms or machine learning systems. The AI Addendum separately states users acknowledge and agree that Inputs, Outputs, and all interactions with the Service may be used for training, enhancing, and improving machine learning models and algorithms. No opt-out from training use is described in the cited materials.
COMMERCIAL
Commercial use of outputs is restricted by default. Unless a user has subscribed to a plan that expressly permits it, monetizing, commercializing, or using outputs for any commercial purpose is prohibited. Downloaded or shared content is limited to personal, non-commercial use with required attribution. Reproduction, resale, or exploitation of any portion of the Application or Service requires the Owner's express prior written permission.
129 verified findings across the displayed surfaces.
GitHub Copilot
DEVELOPER / CODING
PROMPT
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
OUTPUT
GitHub does not assert ownership over code suggestions. Users are responsible for determining the IP status of generated code.
TRAINING
GitHub Privacy Statement confirms: 'Product Development and Improvement: We use Personal Data to develop and improve our products, services, and technologies, including artificial intelligence and machine learning technologies. This includes improving features, developing new offerings, enhancing safety and security capabilities, and training models. We apply appropriate technical safeguards, including aggregation and de-identification techniques where feasible.' Affiliates including Microsoft may also receive data for 'product development and improvement (including training and improving artificial intelligence and machine learning technologies).' Individual tier: code snippets and telemetry may be used for training (opt-out in IDE settings). Business/Enterprise: training on user code is off by default, no data retention beyond session.
COMMERCIAL
Commercial use is the primary intended use case, particularly for Copilot for Business and Enterprise plans.
208 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
Focal carries highly permissive license terms; GitHub Copilot carries highly permissive license terms.FOR ENTERPRISE: FOCAL NOT RECOMMENDED · GITHUB COPILOT NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | FOCAL | GITHUB COPILOT |
|---|---|---|
| PPrompt Ownership | ||
| OOutput Ownership | ||
| TModel Training | ||
| CCommercial Use | ||
| DData Privacy | ||
| $Tier Differences |
* Click any cell in the heatmap matrix to scroll directly to its verbatim policy citations below.
📂 Intellectual Property & Model Training
P
SURFACE 01
Prompt Ownership
Focal
MEDHIGH
Users retain nominal ownership of their submitted inputs ('Your Inputs'), but grant Focal a non-exclusive, royalty-free license to process that content for operation and maintenance of the Service. Metadata such as keywords or location data associated with content is also collected. Focal reserves the right to remove, edit, or delete any submitted content at any time without prior notice. No explicit assertion that users retain full exclusive ownership is made.
“ All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protec…”
GitHub Copilot
MEDHIGH
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
“ “Input” means any content or context provided to an AI Feature, including prompts, attachments, code in your workspace, and conversation history.”
O
SURFACE 02
Output Ownership
Focal
MED⚠ CAUTIONHIGH
Focal claims broad rights over outputs. Users are granted only monitoring rights, not exclusive ownership, over 'Your Outputs.' Focal holds a worldwide, royalty-free, transferable, sublicensable, and irrevocable (for so long as content is stored) license to access, use, reproduce, distribute, publish, modify, and otherwise process both inputs and outputs. A separate perpetual, worldwide, royalty-free, transferable, and sublicensable license is also granted specifically for model-training and improvement activities. Output ownership in any strong proprietary sense is not affirmed for users.
“ Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.”
GitHub Copilot
MEDHIGH
GitHub does not assert ownership over code suggestions. Users are responsible for determining the IP status of generated code.
“ You grant us and other Users the licenses in Sections D.4–D.8. These licenses apply to Your Content. If Your Content already includes a license granting us the permissions we need, no additional license is required. You will not receive payment for these rights. These licenses e…”
T
SURFACE 03
Model Training
Focal
MEDHIGH
Training use is explicitly and broadly confirmed across multiple surfaces. The Privacy Policy states personal information may be used to 'train our artificial intelligence models' and that de-identified or anonymized data may be shared with third parties to train proprietary algorithms or machine learning systems. The AI Addendum separately states users acknowledge and agree that Inputs, Outputs, and all interactions with the Service may be used for training, enhancing, and improving machine learning models and algorithms. No opt-out from training use is described in the cited materials.
“ Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.”
GitHub Copilot
MED⚠ CAUTIONHIGH
GitHub Privacy Statement confirms: 'Product Development and Improvement: We use Personal Data to develop and improve our products, services, and technologies, including artificial intelligence and machine learning technologies. This includes improving features, developing new offerings, enhancing safety and security capabilities, and training models. We apply appropriate technical safeguards, including aggregation and de-identification techniques where feasible.' Affiliates including Microsoft may also receive data for 'product development and improvement (including training and improving artificial intelligence and machine learning technologies).' Individual tier: code snippets and telemetry may be used for training (opt-out in IDE settings). Business/Enterprise: training on user code is off by default, no data retention beyond session.
“ The opt-out right described in this section applies solely to the use of your Inputs and Outputs as described in this section, and does not apply to the license granted in Sections D.4-D.8 or to any Content that does not constitute Input or Output (including Content stored in pu…”
C
SURFACE 04
Commercial Use
Focal
MED⚠ CAUTIONHIGH
Commercial use of outputs is restricted by default. Unless a user has subscribed to a plan that expressly permits it, monetizing, commercializing, or using outputs for any commercial purpose is prohibited. Downloaded or shared content is limited to personal, non-commercial use with required attribution. Reproduction, resale, or exploitation of any portion of the Application or Service requires the Owner's express prior written permission.
“ Unless you have subscribed to a plan that expressly permits it, you agree not to monetize, commercialize, or otherwise use Your Outputs for any commercial purpose. If you intend to use Your Outputs commercially, you must be on a subscription plan that authorizes such use.”
GitHub Copilot
MED⚠ CAUTIONHIGH
Commercial use is the primary intended use case, particularly for Copilot for Business and Enterprise plans.
“ By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commer…”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
Focal
MED⚠ CAUTIONHIGH
—
“ The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to fulfil a…”
GitHub Copilot
MED⚠ CAUTIONHIGH
Individual: training on by default, opt-out available in IDE settings. Business: training off by default, no content retention. Enterprise: same as Business with additional enterprise governance and IP indemnification.
“ We aim to promptly respond to requests in compliance with legal requirements. Please note that we may retain certain data as necessary for legal obligations or for establishing, exercising, or defending legal claims.”
$
SURFACE 06
Tier Differences
Focal
MED⚠ CAUTIONHIGH
—
“ The right of withdrawal only applies to European Consumers.”
GitHub Copilot
MEDHIGH
Individual: training on by default, opt-out available in IDE settings. Business: training off by default, no content retention. Enterprise: same as Business with additional enterprise governance and IP indemnification.
“ "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.”