AI has an ever-evolving potential that can feel overwhelming without adequate knowledge.
When it comes to AI code generators the opportunities are vast. As this field continues to evolve, businesses must learn to adopt to the innovative solutions and streamline their coding processes.
By incorporating coding to the workflow, developers are able to increase productivity, reduce time and effort spent on repetitive tasks, and improve overall consistency in their coding. Rather than fighting the fast-paced advancement of AI in coding, learning more about the various tools available in the market can help stay ahead of the curve.
I combed through the legalities of the top five leading AI code generation software tools so you don't have to. Organized by the questions that are likely top of mind for you, you can quickly glance through this to identify which tool matches your company's needs.
In simple words, is what you type into the AI code generator owned by the AI company or by you?
Short answer: Yes.
Contract language: As between the parties and to the extent permitted by applicable law, you own all Input. (Terms of Use, §3(a)).
Short answer: Yes.
Contract language: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content. (Terms and Conditions, User-Generated Content).
“User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. (Terms and Conditions, Definitions).
Note: Assistiv.AI treats "User-Generated Content" as input, as compared to "Your Content" below, which it treats as output.
Short answer: Yes.
Contract language: You retain ownership of Your Code. (Github Copilot Product Specific Terms, §2).
“Code” and “Your Code” means the code you write while using the GitHub Copilot extension in a code editor, including your modifications to a Suggestion. (Github Copilot Product Specific Terms, §7).
Short answer: Yes.
Contract language: Subject to the foregoing, for the avoidance of any doubt, by using the Services Tabnine is not granted with any rights in and to any code and/or other intellectual property developed by you while using the Services in accordance with the provisions hereof... (Terms of Use, §11).
Short answer: Yes.
Contract language: Except as provided in this Section 6, we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide the Services to you and any End Users. (AWS Customer Agreement, §6.1).
“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your AWS account and any computational results that you or any End User derive from the foregoing through their use of the Services. (AWS Customer Agreement, §12).
After you supply the AI code generator with a prompt, who owns the output produced? If the tool produces a code, do you own that code or does the company that created it own it?
Short answer: Yes, subject to user's compliance with the Terms of Use.
Contract language: Subject to your compliance with these Terms, OpenAI hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. (Terms of Use, §3(a)).
Short answer: Yes.
Contract language: You retain ownership of and responsibility for Your Content. (Terms and Conditions, Ownership of Content, Right to Post, and License Grants).
“Your Content” is Content that you create or own. (Terms and Conditions, Definitions).
Note: Assistiv.AI treats "Your Content" as output, as compared to "User-Generated Content" above, which it treats as input.
Short answer: Probably not.
Contract language: GitHub does not claim any ownership rights in Suggestions. (Github Copilot Product Specific Terms, §2).
“Suggestions” means the code, functions, and other output returned to you by GitHub Copilot. (Github Copilot Product Specific Terms, §7).
You retain ownership of and responsibility for Your Content. (Github Terms of Service, §D(3).
"Your Content" is Content that you create or own. (Github Terms of Service, §A(4).
“Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. (Github Terms of Service, §A(4).
Short answer: Yes.
Contract language: Subject to the foregoing, for the avoidance of any doubt, by using the Services Tabnine is not granted with any rights in and to any code and/or other intellectual property developed by you while using the Services in accordance with the provisions hereof and any code suggestions accepted by you while using the Services in accordance with these Terms of Use and incorporated by you into any code you generate shall be deemed as part of the code generated by you for all purposes and Tabnine hereby grants you a non-exclusive, perpetual and royalty-free license to use, within the code generated by you, any such code suggestions. (Terms of Use, §11).
Short answer: Yes.
Contract language: Except as provided in this Section 6, we obtain no rights under this Agreement from you (or your licensors) to Your Content. You consent to our use of Your Content to provide the Services to you and any End Users. (AWS Customer Agreement, §6.1).
“Your Content” means Content that you or any End User transfers to us for processing, storage or hosting by the Services in connection with your AWS account and any computational results that you or any End User derive from the foregoing through their use of the Services. (AWS Customer Agreement, §12).
"Hallucinations" here refers to inaccurate or faulty information. Which, of course, isn't ideal. Which tools warrant that the tools will be accurate?
Short answer: No.
Contract language: We do not warrant that the services will be uninterrupted, accurate, or error free. (Terms of Use, §7(b)).
Short answer: No.
Contract language: Assistiv.AI does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct... (Terms of Use, Disclaimer of Warranties).
Short answer: No.
Contract language: Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including... accuracy...
GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct... (Github Terms of Service, §N).
Short answer: No.
Contract language: Tabnine shall not assume any responsibility to any content which is published, displayed and/or suggested through the Services, including without limitation with respect to any Suggested Code, its integrity, accuracy and/or reliability. (Terms of Use, §2).
Short answer: No.
Contract language: You and your End Users are responsible for all decisions made, advice given, actions taken, and failures to take action based on your use of AI Services. AI Services use machine learning models that generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic and should be evaluated for accuracy as appropriate for your use case, including by employing human review of such output. (AWS Service Terms, §50.2).
Do the creators of AI tools study user interactions to create new product features and/or improvements?
Short answer: For API Content, no; for non-API Content, yes, unless user opts out.
Contract language: We do not use Content that you provide to or receive from our API (“API Content”) to develop or improve our Services. We may use Content from Services other than our API (“Non-API Content”) to help develop and improve our Services... If you do not want your Non-API Content used to improve Services, you can opt out by filling out this form. (Terms of Use, §3(c)).
Short answer: Yes.
Contract language: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. (Terms and Conditions, User-Generated Content).
We need you to grant us — and other Company’s Users — certain legal permissions, listed in following sections. (Terms and Conditions, Ownership of Content, Right to Post, and License Grants).
You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers... (Terms and Conditions, License Grant to Us).
Short answer: Yes.
Contract language: We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. (Github Terms of Service, §D(4).
Short answer: Yes, but only for the specific user who wrote the code; not for all users of the Service.
Contract language: It is further clarified that any code developed by you while using the Services hereunder, is used by Tabnine ONLY for the purpose of improving the Service provided specifically and solely to you (and not for any other purpose, including improving the Services provided to other Tabnine users). (Terms of Use, §11).
Short answer: Yes (but can be opted out of with "AWS Organizations").
Contract language: (a) we may use and store AI Content that is processed by each of the foregoing AI Services to maintain and provide the applicable AI Service (including development and improvement of such AI Service and its underlying technologies); (b) we may use and store AI Content that is not personal data to develop and improve AWS and affiliate machine-learning and artificial-intelligence technologies. (AWS Service Terms, §50.3).
You may instruct AWS not to use and store AI Content processed by an AI Service to develop and improve that Service or technologies of AWS or its affiliates by configuring an AI services opt out policy using AWS Organizations. (AWS Service Terms, §50.3).
Will the information shared on the AI code generator be made available or sent to other parties?
Short answer: Yes (only to service providers).
Contract language: OpenAI may use Content to provide and maintain the Services. (Terms of Use, §3(a)).
To assist us in meeting business operations needs and to perform certain services and functions, we may provide Personal Information to vendors and service providers, including providers of hosting services, cloud services, and other information technology services providers, email communication software, and web analytics services, among others. (Privacy Policy, §3).
Short answer: Yes (to service providers and, if posted publicly, to other users).
Contract language: This license does not grant Assistiv.AI the right to sell Your Content. It also does not grant The Company the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content. (Terms and Conditions, License Grant to Us).
We share User Personal Information with a limited number of service providers who process it on our behalf to provide or improve our Service, and who have agreed to privacy restrictions similar to the ones in this Data Privacy Statement by signing data protection agreements or making similar commitments. (Assistiv.AI's Data Privacy Statement, How We Share the Information We Collect, §2).
By setting your repositories to be viewed publicly, you agree to allow others to view and “fork” your repositories (this means that others may make their own copies of Content from your repositories in repositories they control). (Terms and Conditions, License Grant to Other Users).
Short answer: Yes (to service providers, and, if posted publicly, to other users).
Contract language: By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).
If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). (Terms of Service, §D(5)).
We share your personal data with service providers who process the information on our behalf to provide or improve our Service. For example, our service providers may perform payment processing, customer support ticketing, network data transmission, web analytics, marketing operations, security, online advertising, and other similar services. (Github Privacy Statement, Service Providers).
Short answer: Yes (to service providers, data analytics companies, and advertisers).
Contract language: We may as well share your Personal Information with our affiliates, subsidiaries or any third party service providers and individuals to facilitate our Services or any portion thereof, such as marketing, data management or maintenance services. We use zendesk and customer.io for user communication and support which enables us to provide you with efficient technical support service.
We also share your information for analytics purposes with third parties who provide us with analytics services such as Google Analytics, Mixpanel and HotJar. These technologies enable the analytics providers to set or read their own cookies or other identifiers on your computer, through which they can collect information about your usage of Codota′s Services across applications, websites or other products. This helps us compile aggregated statistics about the effectiveness of our Website and Services. (Privacy Policy, Disclosure of Information and Transfer of Data).
Codota uses a remarketing pixel services which allows Codota to understand and deliver ads and make them more relevant to you. The collected data remains anonymous and Codota cannot see the Personal Information of any individual user. However, the collected data is saved and processed by LinkedIn, Twitter, Google and Facebook ("Remarketing Pixel Services"). These Remarketing Pixel Services may be able to connect the data with your account on each service, and use the data for their own advertising purposes. The Remarketing Pixel Services have ultimate control of the information gathered through the Pixel service. (Privacy Policy, Use of Advertising Service Providers).
Short answer: Yes (to service providers, fraud prevention and detection companies, and credit risk reduction companies).
Contract language: We employ other companies and individuals to perform functions on our behalf. Examples include: delivering AWS hardware, sending communications, processing payments, assessing credit and compliance risks, analyzing data, providing marketing and sales assistance (including advertising and event management), conducting customer relationship management, and providing training. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process that information in accordance with this Privacy Notice and as permitted by applicable data protection law.
We release account and other personal information when we believe release is appropriate to comply with the law, enforce or apply our terms and other agreements, or protect the rights, property, or security of AWS, our customers, or others. This includes exchanging information with other companies and organizations for fraud prevention and detection and credit risk reduction. (Privacy Notice, How We Share Personal Information).
Need to escalate a disagreement or a situation? Here's what you can expect from each of the tools. 
Short answer: Arbitration (w/ option to opt out); class actions and trials by jury are waived.
Contract language: You and OpenAI agree to resolve any past or present claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by filling out this form within 30 days of agreeing to these arbitration terms or the relevant changes. (Terms of Use, §8(a)).
Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. (Terms of Use, §8(f)).
Short answer: Preliminary informal resolution.
Contract language: If you have any concern or dispute about the website, you agree to first try to resolve the dispute informally by contacting Assistiv.AI. (Terms and Conditions, Governing Law).
Short answer: Silent, other than saying to contact Github's legal agent in writing for service.
Contract language: Communications made through email or GitHub Support's messaging system will not constitute legal notice to GitHub or any of its officers, employees, agents or representatives in any situation where notice to GitHub is required by contract or any law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent. (Github Terms of Service, §M(2).
Short answer: Silent.
Contract language: No dispute resolution policy.
Short answer: Arbitration; class actions and trials by jury are waived (other than IP cases).
Contract language: If the applicable AWS Contracting Party is Amazon Web Services, Inc... Disputes will be resolved by binding arbitration, rather than in court, except that either party may elect to proceed in small claims court if your claims qualify... Before you may begin an arbitration proceeding, you must send a letter notifying us of your intent to pursue arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501... We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action... If for any reason a claim proceeds in court rather than in arbitration we and you waive any right to a jury trial. Notwithstanding the foregoing we and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. (AWS Customer Agreement, §11.5(a)).
Indemnity refers to an exemption from liability for damages. See which tools provide an indemnity.
Short answer: Yes.
Contract language: You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law. (Terms of Use, §7(a)).
Short answer: Yes.
Contract language: If you have a dispute with one or more Users, you agree to release Assistiv.AI from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. (Terms and Conditions, Release and Indemnification).
Short answer: Yes.
Contract language: You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (3) provides to you all reasonable assistance, at your expense. (Github Terms of Service, §P).
Short answer: Yes.
Contract language: You agree to indemnify and hold Tabnine, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney′s fees, arising out of or in connection with any of the following:
Short answer: Yes (with mutual indemnification for IP claims).
Contract language: You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users’ use of the Services (including any activities under your AWS account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users or Your Content; or (c) a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates. (AWS Customer Agreement, §7.1).
Note: Next subsection highlights mutual indemnification for IP claims.
Discover the limitation of liability for the top five AI code generation tools.
Short answer: Up to $100.
Contract language: Neither we nor any of our affiliates or licensors will be liable for indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages. Out aggregate liability under these terms shall not exceed the greater of the amount you paid for the service that gave rise to the claim during the 12 months before the liability arose or one hundred dollars ($100). (Terms of Use, §7(c)).
Short answer: Full limitation of liability.
Contract language: Assistiv.AI will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you. You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising... Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. (Terms and Conditions, Limitation of Liability).
Short answer: Full limitation of Liability.
Contract language: You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
[see link to view all]
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. (Github Terms of Use, §O).
Short answer: Full limitation of liability.
Contract language: Without derogating from the abovementioned, in no event will Tabnine, its directors, officers, agents, contractors, partners, consultants and/or employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Services or other materials on, accessed through or downloaded from the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Tabnine has been advised of the possibility of these damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Tabnine shall not be liable for any user submissions and/or defamatory, offensive and/or illegal conduct by any third party, and that the risk of harm or damage from and/or associated with the foregoing rests entirely with you. (Terms of Use, §12).
Short answer: Full limitation of liability.
Contract language: We and our affiliates and licensors will not be liable to you for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither we nor any of our affiliates or licensors will be responsible for any compensation, reimbursement, or damages arising in connection with: [Click link to see sources of liability limitation].
In any case, except for payment obligations under section 7.2, our and our affiliates' and licensors' aggregate liability under this agreement will not exceed the amount you actually pay us under this agreement for the service that gave rise to the claim during the 12 months before the liability arose. (AWS Customer Agreement, §9).
Know where each tool's choice of law or venue is.
Short answer: California.
Contract language: These Terms will be governed by the laws of the State of California, excluding California’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA. (Terms of Use, §9(l)).
Short answer: Brazil.
Contract language: These Terms and Conditions are governed in accordance with Brazilian law. Any disputes or controversies arising from any acts performed within the scope of the use of the website, including in case of noncompliance or violation of other rights, will be processed in accordance with this legislation. (Terms of Use, Governing Law).
Short answer: California.
Contract language: Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. (Github Terms of Use, §R(1)).
Short answer: Law: Israel. Venue: Tel-Aviv, Israel.
Contract language: By using or visiting the Services, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Tabnine. Any claim or dispute between you and Tabnine that arises in whole or in part from your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel-Aviv, Israel. (Terms of Use, §15).
Amazon Codewhisperer
Short answer: Law: Silent. Venue: "The Governing Courts," unless the exact entity being sued declares venue somewhere.
Contract language: Any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by AWS will be adjudicated in the Governing Courts, and you consent to exclusive jurisdiction and venue in the Governing Courts, subject to the additional provisions below. (AWS Customer Agreement, §11.5)
Note: Click the above link to see limited exceptions.
DMCA takedown policy is a procedure that allows copyright holders to request removal of their copyrighted material from online platforms.
Short answer: Yes (without explicit reference to the DMCA).
Contract language: We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers. (Terms of Use, §9(d)).
Short answer: Yes (but only explicitly refers to German law instead of the DMCA).
Contract language: Your use of the software must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the software is following laws and any applicable regulations. (Terms and Conditions, Acceptance).
The content and works on these pages created by the website operator are subject to German copyright law... If you should nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. If we become aware of legal violations, we will remove such content immediately. (Impressum, Copyright).
Short answer: Yes.
Contract language: If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. (Github Terms of Service, §F).
Short answer: No, other than a clause agreeing that the user will not violate any copyrights.
Contract language: In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not... Promote, host, display or implement the Services on any websites that... incorporate any materials that infringe or assists others to infringe on any copyright, trademark or other intellectual property rights. (Terms of Use, §10).
Amazon Codewhisperer
Short answer: Yes.
Contract language: AWS respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement. (AWS Site Terms, Copyright Complaints).
The process of filing a notice of infringement is different for each AI code generation tool, learn the process for each tool.
Short answer: Submit a form or contact Provider's Copyright Agent.
Contract language: If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. (Terms of Use, §9(d)).
Short answer: Send Provider an email.
Contract language: If you should nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. If we become aware of legal violations, we will remove such content immediately. (Impressum, Copyright).
Short answer: Submit a form or contact Provider's Copyright email.
Contract language: If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us via our convenient DMCA form or by emailing copyright@github.com. (Github Terms of Service, §F).
Short answer: No method explicitly laid out; general support email provided for questions/help.
Contract language: For any questions about these Terms of Use or any other issue regarding Tabnine or the Services please contact us at: support@tabnine.com. (Terms of Use, §15).
Amazon Codewhisperer
Short answer: Contact Provider's Copyright Agent.
Contract language: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AWS that your copyrighted material has been infringed.
AWS’s Copyright Agent for notice of claims of copyright infringement can be reached as follows (address and phone number ommitted for space:
e-mail: abuse@amazonaws.com (AWS Site Terms, Notice and Procedure for Making Claims of Copyright Infringement).
If a user were to share personal information while using an AI code generator, does the tool process that information?
Short answer: Yes.
Contract language: When you use our Services, we collect Personal Information that is included in the input, file uploads, or feedback that you provide to our Services (“Content”). (Privacy Policy, §1).
Short answer: Yes.
Contract language: Finally, we also collect prompts sent through Assitiv.AI and responses generated. This is information we collect from every visitor to the Website, whether they have an Account or not. This information may include User Personal information. (Assistiv.AI's Data Privacy Statement, §3.2).
Short answer: Yes.
Contract language: We collect personal data you provide to us. For example: We collect any code, text, photographs, documents, or other files, including videos or recordings, you upload to our Service. (Github Privacy Statement, Information users directly provide to Github).
Short answer: Likely not, but "without limitation" means they still could potentially process input PII.
Contract language: Personal Information shall be collected only if received voluntarily by you, including, without limitation, when you download Codota′s plugin, use Codota′s Services via the following methods... (Privacy Policy, Collecting Information).
Amazon Codewhisperer
Short answer: Most likely (broad language applies for all Amazon Web Services and is not explicit).
Contract language: We collect information automatically when you:
visit, interact with, or use AWS Offerings (including when you use your computer or other device to interact with AWS Offerings). (Privacy Notice, Examples of Information Collected).
Understand the restrictions in terms of inputting personal information.
Short answer: Yes.
Contract language: If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using the OpenAI API for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, please fill out this form to request to execute our Data Processing Addendum. (Terms of Use, §5(c)).
Short answer: Yes.
Contract language: Your use of the software must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the software is following laws and any applicable regulations. (Terms and Conditions, Acceptance).
You may not use the API to download data or Content from Assistiv.AI for spamming purposes, including for the purposes of selling Assistiv.AI’s Users’ personal information, such as to recruiters, headhunters, and job boards. (Terms and Conditions, API Terms).
Short answer: Yes.
Contract language: You may not use the API to download data or Content from GitHub for spamming purposes, including for the purposes of selling GitHub users' personal information, such as to recruiters, headhunters, and job boards. (Github Terms of Service, §H).
Short answer: Yes.
Contract language: In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not... Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information. (Terms of Use, §10).
Amazon Codewhisperer
Short answer: Yes.
Contract language: You are responsible for providing legally adequate privacy notices to End Users of your products or services that use any AI Service and obtaining any necessary consent from such End Users for the processing of AI Content and the storage, use, and transfer of AI Content as described under this Section 50, including providing any required notices and obtaining any required verifiable parental consent under the Children’s Online Privacy Protection Act (COPPA) or similar laws and obtaining any required consent of individuals appearing in any images or videos processed by an AI Service. (AWS Service Terms, §50.4).
This license does not include... any downloading or copying of account information. (AWS Site Terms, License and Site Access).
Once you've input data into the AI code generator, how long is this data retained for?
Short answer: Unclear.
Contract language: If you use the Services to process personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using the OpenAI API for the processing of “personal data” as defined in the GDPR or “Personal Information” as defined in CCPA, please fill out this form to request to execute our Data Processing Addendum. (Terms of Use, §5(c)).
Short answer: Unclear.
Contract language: Generally, Assistiv.AI retains User Personal Information for as long as your account is active or as needed to provide you services. (Assistiv.AI's Data Privacy Statement, Data Retention and Deletion of Data).
Short answer: Unclear.
Contract language: We retain personal data for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. (Github Privacy Statement, Retention of Personal Data).
Short answer: Unclear.
Contract language: Generally, Codota does not retain information longer than necessary to provide its Services and for its reasonable business and lawful needs. If you withdraw your consent to us processing your Personal Information, we will erase your Personal Information from our systems, unless the Personal Information is required for Codota to establish, exercise or defend against legal claims or it is necessary for the performance of the requested Services. (Privacy Policy, Data Retention).
Amazon Codewhisperer
Short answer: Unclear.
Contract language: We keep your personal information to enable your continued use of AWS Offerings, for as long as it is required in order to fulfill the relevant purposes described in this Privacy Notice, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific personal information varies depending on the purpose for its use, and we will delete your personal information in accordance with applicable law. (Privacy Notice, Retention of Personal Information).
Understand the data protection technical and organizational safeguards when it comes to using AI code generators.
Short answer: Data is retained using "commercially reasonable technical, administrative, and organizational measures" on U.S. servers.
Contract language: We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites. (Privacy Policy, §8).
By using our Service, you understand and acknowledge that your Personal Information will be processed and stored in our facilities and servers in the United States and may be disclosed to our service providers and affiliates in other jurisdictions. (Privacy Policy, §9). Note: other international jurisdictions retain data differently.
Contract language: Assistiv.AI takes all measures reasonably necessary to protect User Personal Information from unauthorized access, alteration, or destruction; maintain data accuracy; and help ensure the appropriate use of User Personal Information. Assistiv.AI enforces a written security information program... The website built with Next JS and uses Google Firebase for database storage, which employs industry-standard encryption protocols to protect data. in transit and at rest. All data transmitted between the website and its users is encrypted using SSL/TLS encryption, which helps to prevent unauthorized access, interception, or tampering of data. In addition, the data stored in Google Firebase is also encrypted at rest, using strong encryption algorithms, to prevent unauthorized access. (Assistiv.AI's Data Privacy Statement, How Assistiv.AI Secures Your Information).
We store and process the information that we collect in the Unites State of America in accordance with this Data Privacy Statement, though our service providers may store and process data outside the Unites State of America. (Assistiv.AI's Data Privacy Statement, Assistiv.AI's Global Privacy Practices).
Short answer: Github and its affiliates and service providers may process data in several different countries using "reasonable measures".
Contract language: Data is retained using "industry standard measures." Provider is silent on where it processes data, but says its third party providers may process data in several countries.
Contract language: We deploy industry standard measures to ensure the security, confidentiality, integrity and availability of the Personal Information we process. We maintain physical, technical and administrative safeguards, and test and update these periodically. We endeavor to restrict access to Personal Information on a ‘need to know′ basis for the provision of Services to you. No such measures are perfect or impenetrable. In the event of a security breach, we will take all reasonable action to minimize any harm. Although we will do our best to protect Personal Information, we cannot guarantee the security of data transmitted to our Website and transmission is at the users own risk. (Privacy Policy, Data Security).
The above mentioned third parties may be located in countries other than your own, and we may send them information we receive. When such third party service providers process your Personal Information on our behalf, we will assure that they comply with obligations similar to those which are set forth in this Privacy Policy. We will also assure that they will abide by our data privacy and security requirements, and will be allowed to use the Personal Information solely for the purposes we set. We will transfer your Personal Information while using appropriate and suitable safeguards, while using a variety of legal mechanisms, including contracts, to ensure your rights and protections travel with your data. (Privacy Policy, Disclosure of Information and Transfer of Data).
Amazon Codewhisperer
Short answer: Data is retained using a wide variety of encryption methods and compliance programs, but in several different countries.
Contract language: Encryption is an important part of CodeWhisperer security. Data in transit and at rest is encrypted by default as part of Amazon CodeWhisperer and doesn't require you to do anything. (Data Protection for CodeWhisperer, Data encryption in Amazon CodeWhisperer).
Solely in connection with the development and improvement described in clauses (a) and (b), we may store such AI Content in an AWS region outside of the AWS region where you are using such AI Service. (AWS Service Terms, §50.3).
Amazon Web Services, Inc. is located in the United States, and our affiliated companies are located throughout the world. Depending on the scope of your interactions with AWS Offerings, your personal information may be stored in or accessed from multiple countries, including the United States. Whenever we transfer personal information to other jurisdictions, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by applicable data protection laws. (Privacy Notice, Location of Personal Information).
At AWS, security is our highest priority. We design our systems with your security and privacy in mind.
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