Our ‘High AI Coding Brokers and Growth Platforms‘ information coated what every AI coding agent does and the place it matches. This piece is for a special reader. It’s written for the procurement lead, the final counsel and the safety reviewer.
These readers ask 4 questions earlier than any rollout. Who pays if generated code triggers an IP declare? The place do prompts reside? What can admins log? What do 500 seats truly price?
We learn the present contract language for GitHub Copilot, AWS Kiro, Cursor, Devin and Windsurf. Each time period beneath was checked towards the seller’s personal pages on September 26, 2026. That is reporting, not authorized recommendation. Run remaining phrases previous counsel.
First, 5 Manufacturers are Actually 4 Contracts
Cognition acquired Windsurf. On June 2, 2026, Cognition renamed the Windsurf editor Devin Desktop. Devin and Windsurf now sit on one pricing desk and one set of phrases.
The Indemnity Desk No one Publishes
That is the clause that blocks enterprise rollouts. Every row makes use of the seller’s present contract. Quotes are brief and brought instantly from the linked supply.
| Vendor (plan) | Governing contract | What the seller says | Covers generated code? | Cap | Key circumstances |
|---|---|---|---|---|---|
| GitHub Copilot (Enterprise, Enterprise) | Copilot Product Particular Phrases or Microsoft Product Phrases | “uncapped IP indemnification for unmodified outputs” (Copilot Belief Middle) | Sure, unmodified output. The Belief Middle says this consists of unmodified code from the Copilot coding agent. | Uncapped | Duplicate Detection filter now not required since April 3, 2026. Free, Professional, Professional+ and Max are excluded. |
| AWS Kiro (Professional, Professional+, Professional Max, Energy) | AWS Buyer Settlement and AWS Service Phrases | “Kiro affords indemnity for its output.” (Kiro Enterprise) | Sure, for copyright claims on output | Uncapped for copyright claims, per the AWS Bedrock FAQ | No infringing inputs. Don’t disable service filtering options. Free tier not coated. |
| Cursor (enterprise prospects) | Cursor MSA, up to date August 13, 2026 | Defends claims “that the Service or any Suggestion infringes or misappropriates” third-party IP | Sure, Solutions are named explicitly | Indemnity is carved out of the 12-month charge cap | Excluded if modified or mixed code causes the declare, filters are disabled, otherwise you knew it possible infringed. |
| Cognition: Devin and Devin Desktop (Enterprise) | Cognition MSA, up to date June 8, 2026 | Defends claims that the Companies infringe patents, copyrights or commerce secrets and techniques. Excludes Buyer Information, outlined as “together with Outputs”. | No. Outputs fall inside excluded Buyer Information. | Supercap: 2x charges paid within the prior 12 months | An executed order type controls over the MSA. Negotiate right here. |
| Cognition (Professional, Max, Groups) | Platform Phrases, up to date June 30, 2026 | Indemnity “applies solely to Prospects on the Paid Service Tiers” | No. Identical Buyer Information exclusion. | Larger of 6 months of charges or US$100 | Free tier will get no indemnity. |
Axis 1: Authorized Publicity on Generated Code
GitHub Copilot: Microsoft’s April 3, 2026 change issues greater than any function launch. Earlier than it, one admin setting may void protection. Microsoft’s required-mitigations web page now lists no further mitigations for GitHub choices. The remaining restrict is the phrase “unmodified”. Most shipped code will get edited, so ask counsel how far edits transfer code exterior scope.
AWS Kiro: Kiro inherits AWS’s generative AI indemnity. AWS describes it as uncapped for copyright claims on output from companies listed in Part 50.10. Protection drops in case your inputs infringe otherwise you disable filtering options. Kiro states that paid subscribers ship with this safety included.
Cursor: The MSA is the broadest on paper. It names Solutions and removes indemnity from the charge cap. The exclusions nonetheless chew when a declare pertains to a modification or an unapproved mixture. The patron Phrases of Service run the opposite method: customers indemnify Anysphere.
Cognition (Devin, Windsurf): Cognition is the outlier. Its MSA defines Buyer Information to incorporate Outputs, then excludes Buyer Information from indemnity. Generated code subsequently sits exterior the usual promise. Indemnity can be capped at 2x trailing 12-month charges. Any Devin or Devin Desktop rollout wants this mounted within the order type.
Axis 2: The place Prompts Are Saved
GitHub Copilot: For Enterprise and Enterprise, the plans FAQ says IDE chat and completion prompts should not retained. Prompts from different surfaces, equivalent to github.com, cellular and CLI, are retained for 28 days. Person engagement knowledge is saved for two years. GitHub doesn’t prepare on Enterprise or Enterprise knowledge.
Enterprises on GitHub Enterprise Cloud with knowledge residency can pin Copilot inference to the US or the European Union. That coverage provides 10% to AI credit score consumption. Every area additionally exposes a narrower mannequin record.
AWS Kiro: Per Kiro’s knowledge safety web page, enterprise content material isn’t used for service enchancment. It’s saved within the area the place your Kiro profile is configured. Inference stays contained in the US or Europe geography, aside from fashions tagged experimental. Admins can encrypt knowledge with customer-managed KMS keys.
Cursor: With Privateness Mode on, Cursor holds zero knowledge retention agreements with all mannequin suppliers and doesn’t prepare in your code. File contents are cached quickly, encrypted with client-generated keys. Cursor’s public pages don’t supply a customer-selectable processing area. Each request nonetheless passes by means of Cursor’s backend.
Cognition: The MSA bars coaching on Buyer Information with out written consent. The Buyer Devoted Deployment runs Devin’s devbox in a single-tenant VPC linked by AWS PrivateLink. The agent’s reasoning layer nonetheless runs in Cognition’s cloud. On self-serve paid tiers, Cognition might prepare on Buyer Information till the client opts out. On Groups, solely an admin can choose out.
Axis 3: Audit Logging and Admin Controls
GitHub Copilot: The enterprise audit log data Copilot occasions below motion:copilot. Agent exercise seems below actor:Copilot for 180 days, per GitHub’s agent audit reference. GitHub is specific that prompts despatched domestically should not within the audit log. Admins additionally set mannequin, preview-feature and spending insurance policies.
AWS Kiro: SSO runs by means of IAM Id Middle, Okta or Entra ID. Admins can allow immediate logging and day by day person exercise studies. Each land in an S3 bucket contained in the buyer’s AWS account, so immediate data keep below your management.
Cursor: Groups consists of SAML or OIDC SSO, team-wide Privateness Mode and utilization analytics. Audit logs, SCIM, repository and mannequin entry controls, and an AI code monitoring API require Enterprise.
Cognition: Groups affords an admin dashboard with analytics. SAML or OIDC SSO, centralized admin controls and VPC deployment are Enterprise solely. Cognition’s Enterprise API exposes audit log endpoints.
Axis 4: True Per-Seat Price at 500 Seats
Record costs beneath are month-to-month, in USD, earlier than utilization overages and taxes. The ‘true’ determine is the most cost effective tier that delivers indemnity plus SSO.
| Possibility | Per seat / month | 500 seats / month | 500 seats / yr | Included utilization | Purchaser word |
|---|---|---|---|---|---|
| GitHub Copilot Enterprise | $19 | $9,500 | $114,000 | 1,900 AI credit per seat, pooled | SAML SSO and knowledge residency want GitHub Enterprise Cloud |
| Copilot Enterprise + GitHub Enterprise Cloud | $40 | $20,000 | $240,000 | Identical pool | Actual price if you don’t already pay for Enterprise Cloud |
| Copilot Enterprise + GitHub Enterprise Cloud | $60 | $30,000 | $360,000 | 3,900 AI credit per seat, pooled | Provides codebase indexing and github.com integration |
| AWS Kiro Professional | $20 | $10,000 | $120,000 | 1,000 credit per person | Add-on credit $0.04 every. Self-serve tiers cowl groups as much as 500. |
| AWS Kiro Professional+ | $40 | $20,000 | $240,000 | 2,000 credit per person | Identical indemnity as Professional |
| Cursor Groups | $40 | $20,000 | $240,000 | Per plan allowance | Lacks audit logs and SCIM. Enterprise is customized priced. |
| Cognition Groups (Devin, Devin Desktop) | $40 + $80 staff charge | Not out there | Not out there | Day by day and weekly quotas | Groups is capped at 200 customers. 500 seats means Enterprise, customized priced. |
Sources: GitHub Copilot billing docs, GitHub pricing (Enterprise Cloud from $21 per person), Kiro pricing, Cursor pricing, Devin pricing.
Two meters sit on high of each seat. GitHub moved Copilot to usage-based AI credit on June 1, 2026, the place 1 credit score equals $0.01. Kiro payments further credit at $0.04, and enterprise overages are off by default. Agent-heavy groups ought to mannequin utilization, not simply seats.
Function Comparability: Copilot vs Kiro vs Cursor vs Cognition
| Function | GitHub Copilot | AWS Kiro | Cursor | Cognition (Devin, Windsurf) |
|---|---|---|---|---|
| IP indemnity on generated code | Sure, unmodified output | Sure, copyright claims | Sure, Solutions | No, Outputs excluded in normal phrases |
| Indemnity cap | Uncapped | Uncapped (copyright) | Exterior charge cap | 2x trailing 12-month charges (MSA) |
| Trains on enterprise knowledge | No | No (enterprise customers) | No, with Privateness Mode | No (Enterprise). Self-serve opt-out wanted. |
| Immediate retention | IDE: not retained. Different surfaces: 28 days. | Profile area; non-compulsory logging to your S3 | ZDR with mannequin suppliers below Privateness Mode | Buyer tenant with devoted VPC deployment |
| Buyer-selectable area | US or EU (+10% credit) | US or Europe geography, plus GovCloud | Not provided publicly | Devoted single-tenant VPC (Enterprise) |
| SSO | SAML through GitHub Enterprise Cloud | IAM Id Middle, Okta, Entra ID | SAML or OIDC on Groups | SAML or OIDC on Enterprise |
| Audit logs | Sure, prompts excluded | Immediate logs and exercise studies | Enterprise solely | Enterprise API audit endpoints |
| 500-seat record value, month-to-month | $9,500 to $30,000 | $10,000 (Professional) | $20,000 (Groups) or customized | Customized |
Interactive Explainer: Run the Contract Eventualities
Toggle a declare situation, hint the place a immediate travels, and value your individual seat rely.
