Turn this comparison into procurement-ready diligence
Free shows today's risk. A Stack Audit gives you a citable, verbatim-sourced PDF across your whole AI stack — and flags the moment a vendor's terms change.
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.
479 verified findings across the displayed surfaces.
Otterly.AI
MARKETING / CONTENT
PROMPT
Users retain full ownership of submitted prompt characters and keywords.
OUTPUT
Outputs are assigned fully to users under standard commercial parameters.
TRAINING
Data is kept secure within tenant spaces. Model training on enterprise work boards is contractually excluded.
COMMERCIAL
Commercial use of all workflow priorities and prioritizations is fully permitted.
397 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
Otterly.AI has the strongest default posture of the set; GitHub Copilot carries the most permissive license terms of the set.FOR ENTERPRISE: GITHUB COPILOT NOT RECOMMENDED · OTTERLY.AI RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | GITHUB COPILOT | OTTERLY.AI |
|---|---|---|
| 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
HIGH⚠ CAUTIONHIGH
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
“If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully pa…”
Feedback provided during Beta Preview (which could include code, algorithms, or technical know-how) is subject to an extremely broad, irrevocable, perpetual, sublicensable, commercially exploitable license with no compensation to the user.
Otterly.AI
MEDLOW
Users retain full ownership of submitted prompt characters and keywords.
“The data subject has the possibility to register on the website of the controller with the indication of personal data. Which personal data are transmitted to the controller is determined by the respective input mask used for the registration. The personal data entered by the dat…”
O
SURFACE 02
Output Ownership
GitHub Copilot
MED⚠ CAUTIONHIGH
GitHub does not assert ownership over code suggestions. Users are responsible for determining the IP status of generated code.
“"Output" means responses and suggestions, including code or other material, generated by an AI Feature.”
Output ownership terms are referenced in Section J (AI Features, Training, and Your Data) which is not included in the provided document text. Only the definition of Output is present; the operative ownership/license clauses are absent.
Otterly.AI
LOW
Outputs are assigned fully to users under standard commercial parameters.
No citation available
T
SURFACE 03
Model Training
GitHub Copilot
HIGH⚠ 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.
“In addition, for Individual subscribers only: GitHub may use Copilot interaction data — including prompts (inputs), s uggestions (outputs), and code snippets generated during Copilot sessions — to train and improve AI models. This training helps improve code suggestions for all C…”
Individual (Free/Pro/Pro+) subscribers' prompts, outputs, and code snippets are used for AI model training by default. Opt-out is available but must be actively exercised.
Otterly.AI
LOW
Data is kept secure within tenant spaces. Model training on enterprise work boards is contractually excluded.
No citation available
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.
“It is your responsibility to assess what is appropriate for the situation and implement appropriate safeguards.”
The document places responsibility for assessing appropriateness of use entirely on the user but does not explicitly restrict or permit commercial use of outputs. No affirmative commercial use restriction or permission is stated.
Otterly.AI
MED⚠ CAUTIONLOW
Commercial use of all workflow priorities and prioritizations is fully permitted.
“If the storage purpose is not applicable, or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data are routinely blocked or erased in accordance with legal requirements.”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
GitHub Copilot
HIGH⚠ 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.
“GitHub and third parties use social media cookies to show you ads and content based on your social media profiles and activity on GitHub’s websites. This ensures that the ads and content you see on our websites and on social media will better reflect your interests. This also ena…”
Third parties can use data collected on GitHub to improve their own products on entirely separate websites, extending data use well beyond the GitHub platform context.
Otterly.AI
MED⚠ CAUTIONLOW
—
“- The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.”
$
SURFACE 06
Tier Differences
GitHub Copilot
HIGH⚠ 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.
“When a school or employer supplies your GitHub account, they assume the role of Data Controller for most Personal Data used in our Services. This enables them to: Manage and administer your GitHub account, including adjusting privacy settings. Access and utilize your Person…”
Users on organization-provisioned accounts have significantly reduced privacy protections — their employer or school can access content, files, and usage data and adjust privacy settings.
Otterly.AI
LOW
—
No citation available