Last modified: January 29, 2025

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See the previous version of these terms here. 

These terms apply to use of Enterprise AI tools (formerly “Cody Enterprise”, “Sourcegraph Cody”, “Cody”, and hereinafter the “AI Tools”) when added to an Enterprise License granted prior to February 15, 2024. All other use of Enterprise AI tools is governed by the Sourcegraph Terms.

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Enterprise AI

In the event of a conflict between these Enterprise AI Terms of Use (“Enterprise AI Terms”) and the terms that govern your order form (“Terms”), the terms of these Enterprise AI Terms will prevail.

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1. Ownership

As between the parties, you own all Inputs to and Outputs generated by your use of Sourcegraph. You retain ownership of your code and responsibility for ensuring any code snippets emitted by Sourcegraph comply with software licenses and copyright law.

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2. Sourcegraph Partner LLMs

Sourcegraph has entered into partnerships with certain Large Language Models (“LLMs”) ("Sourcegraph Partner LLMs") to provide the services. Sourcegraph Partner LLMs will not retain any Input or Output from the model, including embeddings, beyond the time it takes to generate the Output ("Zero Retention").

Customers may choose to use their own relationship with a supported LLM instead of a Sourcegraph Partner LLM. The following provisions do not apply if you do not use a Sourcegraph Partner LLM: (a) Any representations regarding data used to train the LLM; (b) Any representations regarding data retention (including Zero Retention), data collection, or data use by the LLM. 

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3. Model training 

Sourcegraph Partner LLMs do not use code from Enterprise subscriptions to train models. Sourcegraph may finetune a model using your data if you enable finetuning features within the product.

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4. Data collection and use

Sourcegraph collects the following Customer Content solely to provide the Service and not for product improvement purposes:

• Inputs (submitted queries)
• Outputs (completions generated) 
• Candidate Context (Code, User Content, or other relevant information that provided by the User in order to generate an Output) 
• Chat Transcripts  

However, Sourcegraph does not collect or have access to this Customer Content for customers with an enterprise license who bring their own LLM API key for a self-hosted deployment, as the software is hosted in the customer’s systems.

Sourcegraph also collects Usage Data (usage and operations data in connection with your use of AI features, such as metrics on frequency and length of a user feature engagement) and User Feedback (any form of feedback that the user submits, including thumbs up and thumbs down clicks and comments or ideas shared for the purpose of giving feedback). For the avoidance of doubt, Usage Data and User Feedback do not capture Customer Content.  

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5. Full IP Indemnification

Sourcegraph will indemnify you against any claims alleging that your use of AI Tools or any Outputs infringe third-party intellectual property rights in accordance with the indemnification terms in your agreement. Sourcegraph's indemnification obligation is uncapped if you have signed an Order Form with us and you use the most current version available and any filters provided by Sourcegraph.

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6. Security

Sourcegraph will process Customer Content in accordance with the Security Exhibit.

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7. Acceptable use

You may not use Sourcegraph AI Tools for unlawful purposes or in violation of our Acceptable Use Policy.

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8. Accuracy

Sourcegraph uses context from your codebase to substantially improve the accuracy of its responses compared to other AI-based tools. However, Sourcegraph does not guarantee the accuracy of the AI tools’ answers.

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9. Limit of Liability for breach of confidentiality or data security

If you have uncapped liability for breach of confidentiality or data security in your Agreement with Sourcegraph, a limit of liability of five times (5x) your annual license fees will apply to breaches of confidentiality or data security in connection with your use of Sourcegraph AI Tools. If you do not have uncapped liability in your Agreement with Sourcegraph, the limit of liability in your Agreement shall apply to your use of all features.

For more information, see https://sourcegraph.com/docs/cody