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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
Gemini Code Assist (Google)
DEVELOPER / CODING
PROMPT
Users retain IP in their code inputs per Google's general Terms.
OUTPUT
Not explicitly addressed by Google's general ToS. Code Assist supplement terms may apply for enterprise.
TRAINING
Governed by Google Cloud Terms of Service and Google Cloud Data Processing Addendum. Google does not use customer data to train AI/ML models unless the customer elects to opt in. Cached policy file is Google's boq-identity SPA (562KB/624KB single-line JavaScript bundle) — not directly extractable; analysis based on well-documented Google Cloud ToS provisions.
COMMERCIAL
Commercial use governed by Google Cloud terms for enterprise; general ToS for consumers.
147 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.
280 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
Gemini Code Assist (Google) carries highly permissive license terms; GitHub Copilot carries highly permissive license terms.FOR ENTERPRISE: GEMINI CODE ASSIST (GOOGLE) NOT RECOMMENDED · GITHUB COPILOT NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | GEMINI CODE ASSIST (GOOGLE) | 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
Gemini Code Assist (Google)
LOW⚠ CAUTIONHIGH
Users retain IP in their code inputs per Google's general Terms.
“ to exercise rights and fulfill obligations under this Agreement.”
GitHub Copilot
MEDHIGH
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
“ Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed. ”
O
SURFACE 02
Output Ownership
Gemini Code Assist (Google)
LOWHIGH
Not explicitly addressed by Google's general ToS. Code Assist supplement terms may apply for enterprise.
“Some of our services allow you to generate original content. Google won’t claim ownership over that content.”
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
Gemini Code Assist (Google)
HIGH
Governed by Google Cloud Terms of Service and Google Cloud Data Processing Addendum. Google does not use customer data to train AI/ML models unless the customer elects to opt in. Cached policy file is Google's boq-identity SPA (562KB/624KB single-line JavaScript bundle) — not directly extractable; analysis based on well-documented Google Cloud ToS provisions.
No citation available
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.
“ Unless you opt out, GitHub's Affiliates may use your Inputs and Outputs under this license in accordance with their applicable privacy and contractual obligations. This license does not, however, permit GitHub or its Affiliates to share your Inputs or Outputs with third-par…”
C
SURFACE 04
Commercial Use
Gemini Code Assist (Google)
MED⚠ CAUTIONHIGH
Commercial use governed by Google Cloud terms for enterprise; general ToS for consumers.
“ Some of our services include downloadable or preloaded software. We give you permission to use that software as part of the services. The license we give you is: worldwide, which means it’s valid anywhere in the world non-exclusive, which means that we can license the software…”
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
Gemini Code Assist (Google)
MED⚠ CAUTIONHIGH
Enterprise customers subject to Google Cloud Master Agreement and Data Processing Addendum. Workspace customers may have additional terms under Google Workspace ToS.
“If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions: If you already shared your content with others before removing it. For example,…”
Deletion only stops public availability within a 'reasonable amount of time' — no defined SLA. Content shared with others or indexed by search engines may persist indefinitely. No explicit data retention period is stated.
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.
“ The business or commercial purpose of sharing personal information is to assist us with marketing, advertising, and audience measurement.”
$
SURFACE 06
Tier Differences
Gemini Code Assist (Google)
LOW⚠ CAUTIONHIGH
Enterprise customers subject to Google Cloud Master Agreement and Data Processing Addendum. Workspace customers may have additional terms under Google Workspace ToS.
“ provided to Customer free of charge.”
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.”