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Ownership terms do not tell you whether an AI provider may use your code to improve its models or how long it may keep it. Those are separate questions, and the answer can change with the product, account type, plan, settings, and organization agreement. Before sending proprietary code, check the terms and controls for the exact coding agent and account you use.
What to compare before sharing code
Read four parts of the provider’s current documentation separately: ownership of inputs and outputs; use of interactions for model improvement; retention and deletion; and the settings or agreements that change those rules. The table summarizes the provider guidance available as of October 7, 2026. It does not establish every term for every plan or organization.
| Product and account context | Ownership wording | Model-improvement use and covered data | Retention | Controls and scope |
|---|---|---|---|---|
| GitHub Copilot Free, Pro, and Pro+ individual tiers; policy announced March 25, 2026, effective April 24, 2026 | GitHub says users retain ownership of their inputs and outputs and that GitHub does not claim ownership of them. | GitHub announced that interaction data may be used to train and improve models unless the user opts out. The named data includes prompts, suggestions, code snippets, and associated context. | Not stated in the cited announcement. | Users can opt out. The announcement covers Free, Pro, and Pro+; it does not establish the same policy for Business or Enterprise. Check the current GitHub Terms of Service and account settings for applicable rules. |
| Anthropic Claude Free, Pro, and Max, including accounts using Claude Code; consumer guidance current as accessed October 7, 2026 | The cited consumer guidance addresses data use and settings, but does not establish an ownership term here. | Chats and coding sessions may be used for model improvement according to the user’s settings. When allowed, the relevant material can include the conversation and associated content. Incognito chats are not used for improvement, even if the setting is enabled. | If the user allows improvement use, data may be retained in de-identified form for up to five years in model-training pipelines. This applies to new or resumed chats after enabling the setting. | Check the consumer account’s model-improvement setting. Organization retention is separate and depends on the product and agreement; Anthropic identifies zero-data-retention agreements as one possible arrangement. |
| OpenAI individual services, including Codex; guidance current as accessed October 7, 2026 | OpenAI’s individual Terms of Use say users retain rights in inputs and own outputs as between the user and OpenAI, subject to applicable law. Outputs may not be unique. | Content from individual services, including Codex usage, may be used to train models unless the user opts out. Codex guidance says this includes content processed through Codex, including Computer Use screenshots. | Not stated in the cited guidance as a single retention period for individual Codex use. | ChatGPT training controls apply to content processed through Codex. Codex full-environment controls are managed separately, so check both the relevant ChatGPT controls and Codex-specific controls. |
| OpenAI business products and API; applicable business terms and agreement | OpenAI’s May 2025 Business Terms say the customer owns output. | Business product and API inputs and outputs are not used for training by default; an organization may explicitly opt in where available. The May 2025 Business Terms say customer content is used as needed to provide the services, comply with law, enforce policies, and prevent abuse, but not to develop or improve services unless the customer explicitly agrees. | Not stated here as one duration applying to every business or API arrangement. | Check the organization’s agreement and administrator settings. OpenAI’s current ChatGPT Business help page says the same privacy commitments apply when a workspace uses Codex. Its note that Codex seats ceased to be available to some new ChatGPT Business plans from June 24, 2026 concerns product entitlement, not a general change to privacy commitments. |
“Not stated” means the cited provider guidance does not establish a single applicable duration or ownership term for that row; it does not mean the provider retains data forever or makes no commitment elsewhere. Terms can differ across account types and agreements.
Why ownership and data use are different
An ownership clause describes rights in submitted material or generated output under a particular contract. It does not answer whether the provider may process that material to deliver the service, use it for model improvement, retain it, or disclose it under particular circumstances. Nor does ownership wording alone settle copyright status, confidentiality, trade-secret protection, or whether sharing complies with your employer’s or client’s obligations.
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For example, GitHub’s March 25, 2026 Copilot announcement says, “GitHub does not claim ownership of your inputs or outputs.” That statement is not the same as a promise that interaction data is never used for model improvement: the same announcement describes an opt-out policy for the named individual tiers beginning April 24, 2026. Likewise, OpenAI’s May 2025 Business Terms assign output ownership to the customer while separately specifying when customer content may be used.
Is my data used for model training?
It depends on the exact provider, product, plan, and setting. For the named GitHub Copilot individual tiers, the announced default from April 24, 2026 is use for training and improvement unless the user opts out. For Anthropic consumer accounts, use depends on the model-improvement setting, and incognito chats are excluded. For OpenAI individual services, including Codex, content may be used unless the user opts out; OpenAI says business and API content is excluded by default unless an organization explicitly opts in where available.
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Pay attention to the data categories, not just the word “code.” A policy may cover prompts, generated suggestions, snippets, conversation context, or screenshots. OpenAI’s Codex guidance specifically includes Computer Use screenshots; GitHub’s announcement names prompts, suggestions, code snippets, and associated context. Anthropic’s consumer guidance includes the related conversation and associated content when improvement use is allowed.
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How long do you store my data?
Retention is a separate policy question from training. The cited Anthropic consumer guidance gives a specific condition and duration: when a user allows chats or coding sessions to improve Claude, the data may remain in de-identified form in model-training pipelines for up to five years. That period applies to new or resumed chats after the setting is enabled; it is not a universal retention period for every Claude service or organization account.
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The cited GitHub and OpenAI guidance does not establish one retention duration that applies across the plans in the table. Look for separate terms on service-operation logs, deletion, backups, and organization retention rather than assuming that a training opt-out also deletes data or sets its storage period.
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Which settings or agreements change the result?
- Consumer settings: Check the account-level model-improvement or training controls for the provider. Anthropic’s guidance distinguishes incognito chats from other chats; OpenAI says ChatGPT training controls apply to Codex content.
- Agent-specific controls: OpenAI says Codex full-environment controls are managed separately from ChatGPT training controls. Do not assume a setting on one surface covers every way the agent can access or process material.
- Organization terms: Business, API, and enterprise arrangements may have different defaults or contractual retention commitments from consumer plans. Confirm which agreement covers the actual workspace, API project, or account and ask an administrator to verify its settings.
- Policy dates: GitHub’s change is a dated announcement with an effective date. OpenAI’s June 24, 2026 Codex-seat note is an availability change, not a privacy rule. Recheck current terms and settings before relying on an older summary.
A practical check before you submit proprietary code
- Identify the exact tool and account. Record the coding agent, provider, plan, and whether you are signed in as an individual, organization member, or API customer.
- Read the applicable ownership terms. Check how the contract treats both your inputs and generated outputs, but do not treat ownership as proof of confidentiality or non-use.
- Find the model-improvement rule. Confirm whether prompts, outputs, code, context, and any screenshots or files are covered by default, and whether an opt-out or opt-in applies.
- Check retention and deletion separately. Look for durations, deletion procedures, and any distinctions between training data, service logs, and organization data.
- Verify controls and agreements. Review agent-specific settings as well as account-wide controls. For organization-managed use, ask the administrator which contract and retention settings apply.
- Get approval when necessary. If code is confidential, regulated, or governed by a client or employer contract, follow that organization’s policy and consult its legal or security team before sharing it.
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