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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
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.
OpenAI API
DEVELOPER / CODING
PROMPT
API customers retain ownership of their inputs per OpenAI API Terms of Service.
OUTPUT
OpenAI assigns all its rights in outputs to API customers.
TRAINING
OpenAI Service Terms (January 9, 2026) apply to API and enterprise products. The Privacy Policy (May 18, 2026) explicitly states: 'This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API.' API customer data is governed by the customer's agreement with OpenAI. For ChatGPT (consumer), training opt-out is available via account settings or Temporary Chat.
COMMERCIAL
Commercial use of outputs is explicitly permitted for API customers.
182 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
GitHub Copilot carries highly permissive license terms; OpenAI API carries highly permissive license terms.FOR ENTERPRISE: GITHUB COPILOT NOT RECOMMENDED · OPENAI API NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | GITHUB COPILOT | OPENAI API |
|---|---|---|
| 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
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. ”
OpenAI API
MED⚠ CAUTIONHIGH
API customers retain ownership of their inputs per OpenAI API Terms of Service.
“ We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines . ”
O
SURFACE 02
Output Ownership
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…”
OpenAI API
MEDHIGH
OpenAI assigns all its rights in outputs to API customers.
“ YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ”
T
SURFACE 03
Model Training
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…”
OpenAI API
MED⚠ CAUTIONHIGH
OpenAI Service Terms (January 9, 2026) apply to API and enterprise products. The Privacy Policy (May 18, 2026) explicitly states: 'This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API.' API customer data is governed by the customer's agreement with OpenAI. For ChatGPT (consumer), training opt-out is available via account settings or Temporary Chat.
“Improve and develop our Services and conduct research, including using your Content to train our models (subject to your [control”
User content (including prompts and uploads) is used to train models by default; opt-out is available but must be actively exercised. The parenthetical 'subject to your control' links to external controls documentation, meaning users who do not proactively manage settings may have their content used for training.
C
SURFACE 04
Commercial 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…”
OpenAI API
MED⚠ CAUTIONHIGH
Commercial use of outputs is explicitly permitted for API customers.
“ Parents or guardians of teen users for account linking purposes described above Other users and third parties you interact or share information with”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
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.”
OpenAI API
MED⚠ CAUTIONHIGH
API/Enterprise: data governed by customer agreements; no training use by default. ChatGPT Free/Go: may include targeted advertising and model training by default (opt-out available). Healthcare Addendum available for HIPAA-covered use cases.
“ Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to OpenAI through the Services, please email us at privacy@open…”
$
SURFACE 06
Tier Differences
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.”
OpenAI API
MEDHIGH
API/Enterprise: data governed by customer agreements; no training use by default. ChatGPT Free/Go: may include targeted advertising and model training by default (opt-out available). Healthcare Addendum available for HIPAA-covered use cases.
“ Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms . ”