Welcome to Elastic Copilot. By using the Elastic Copilot service, including our VS Code extension, website, and any related services ("Service"), you agree to these Terms of Use ("Terms"). These Terms form a legally binding agreement between you (the user) and Elastic AI (the provider of Elastic Copilot). Please read these Terms carefully before using the Service.
If you do not agree with any part of these Terms, you must not use Elastic Copilot. By accessing or using the Service, or by clicking "I Agree" (or a similar button) when prompted, you acknowledge that you have read, understood, and agreed to these Terms. These Terms incorporate our Privacy Policy (described below) and any other policies or guidelines we provide. If you are using Elastic Copilot on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use Elastic Copilot. If you are under the age of majority in your jurisdiction, you must have a parent or legal guardian's permission to use the Service. By accepting these Terms, you affirm that you are either at least 18 (or the age of majority) or have obtained necessary consent to use the Service. You also confirm that: (a) you have not been previously suspended or removed from the Service; and (b) your registration and use of the Service comply with all applicable laws and regulations. If you are using the Service on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to that entity.
To access most features, you will need to create an Elastic Copilot account. When registering, you agree to provide accurate, current, and complete information about yourself as prompted, including a valid email address and any other required details. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you believe your account has been compromised or used without authorization, you must notify us immediately. We reserve the right to suspend or terminate any account we suspect is being used in an unauthorized or fraudulent manner.
You are solely responsible for your use of Elastic Copilot, including all code, prompts, data, and content you input into the Service ("User Content"), and any output or suggestions generated by the AI. You agree to use the Service in compliance with these Terms, applicable laws, and ethical standards of software development. This means you will diligently review and test any code suggestions or automated actions provided by Elastic Copilot before applying them to your projects. You are responsible for the code and content you create or modify using Elastic Copilot, including ensuring that such code is accurate, secure, and does not infringe any third-party rights. We strongly advise that you maintain backup copies of your code and important data, as Elastic Copilot is not a replacement for proper version control and backup practices.
When using Elastic Copilot, you agree NOT to engage in any prohibited conduct. Prohibited activities include, but are not limited to, the following:
You retain ownership of any code or content you provide to Elastic Copilot. We do not claim ownership over your code. However, by submitting or inputting User Content into the Service (for example, providing code to get an AI suggestion or asking a coding question), you grant us a limited license to process and use that content for the purpose of providing the Service and generating AI-based results for you. This license is necessary for us to operate Elastic Copilot (for example, to send your code or prompt to our AI models and return results to you). We will not use your code or prompts for marketing or share them with other users. If you enable certain settings (see Privacy Mode in our Privacy Policy), we will not retain your code or prompts after providing you the service response. You also agree that any feedback, suggestions, or ideas you voluntarily provide about Elastic Copilot ("Feedback") may be used by us, without obligation, to improve or enhance the Service. We may incorporate feedback into the Service or our documentation without further notice or compensation to you.
We reserve the right to monitor usage of the Service for compliance with these Terms (while respecting your privacy as outlined in our Privacy Policy). If we determine that you have violated the Acceptable Use Policy or any other provision of these Terms, we may suspend or terminate your access to Elastic Copilot at our discretion (as detailed in the Termination section below). You understand that violation of certain laws may also result in referral to law enforcement authorities.
Subject to your compliance with these Terms (and payment of any applicable fees), Elastic AI grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Elastic Copilot VS Code extension and any related software we provide, and to access and use the Service, solely for your personal or internal business purposes. This license is provided for the sole purpose of enabling you to use and receive the benefit of Elastic Copilot as intended by these Terms and our documentation.
Except as expressly permitted by these Terms or by applicable law, you agree not to do (or allow a third party to do) any of the following:
Except for your User Content, Elastic AI and its licensors retain all right, title, and interest in and to the Service, including all software, algorithms, documentation, website content, and Elastic Copilot branding ("Materials"). These Materials are protected by intellectual property laws. Elastic AI reserves all rights not expressly granted to you in these Terms. You acknowledge that no ownership of the Service or underlying technology is transferred to you, and that Elastic Copilot is licensed (not sold) to you. Any use of the Service not expressly permitted by these Terms is a breach of this agreement and may violate our intellectual property rights.
Elastic Copilot allows you to choose from multiple AI model providers (including OpenAI's GPT series, Anthropic's Claude, and Google's Gemini models) to power code completions and other AI features. When you use Elastic Copilot to generate code or analyze code, the Service may send code snippets, prompts, and context from your environment to these third-party AI providers' servers to obtain an AI-generated result. We have agreements with OpenAI, Anthropic, and Google (Vertex AI) to ensure they do not retain or use your data beyond what is necessary to generate the response. In other words, the code and prompts you send through Elastic Copilot are processed by these AI providers but not stored on their end; they have zero data retention for our requests. By using the Service, you also agree to the terms and policies of the relevant AI provider when their model is used (e.g., OpenAI's or Anthropic's service terms). We are not responsible for the services or actions of these third-party AI providers, but we take precautions (like the agreements mentioned) to protect your data when interfacing with them.
Elastic Copilot may integrate with additional third-party services to enhance functionality:
The Service might display or provide content from third-party sources (such as documentation snippets, web search results, or open-source code suggestions). This content is provided "as-is" for your convenience. Elastic AI does not endorse or guarantee the accuracy of third-party content. You are responsible for complying with any third-party licenses or terms applicable to content retrieved or suggested via Elastic Copilot (for example, if Elastic Copilot provides a code snippet that is under an open-source license, you are responsible for adhering to that license if you use the code).
Elastic Copilot offers free and paid subscription plans. Details of features and limits for each plan (e.g., number of AI calls or premium model usage) are described on our website and may be updated from time to time. By subscribing to a paid plan, you agree to pay the applicable fees. Paid plan fees (such as monthly or annual subscription costs, or usage-based fees for premium AI calls) will be clearly disclosed at the time of purchase. You will have an opportunity to review and accept the fees prior to being charged. All fees are stated in U.S. dollars unless otherwise specified. Prices are subject to change, but we will provide advance notice of any fee changes (e.g., via email or through the Service) in accordance with applicable laws. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect; continued use of the Service after the effective date constitutes acceptance of the new prices.
When you subscribe, you must provide current, complete, and accurate billing information. By providing a payment method (such as a credit card), you authorize us (or our payment processor) to charge that method for all fees due for your use of Elastic Copilot. Subscriptions will auto-renew at the end of each billing cycle (monthly or annually, depending on your plan) unless you cancel beforehand. We will charge your provided payment method at the start of each renewal period. If a payment fails (e.g., due to an expired card or insufficient funds), we may attempt to re-charge after a short period. If payment remains unsuccessful, we may downgrade or suspend your account for non-payment. You are responsible for any taxes or duties (e.g., sales tax, VAT) associated with your purchase, and such taxes may be charged in addition to the listed price.
You can cancel your subscription at any time through your account settings or by contacting support. If you cancel a monthly subscription, the cancellation will take effect at the end of the current billing month; you will retain access to paid features until that period ends. For annual subscriptions, you will retain access until the end of the paid-up annual term. We generally do not offer refunds for unused time on a subscription or unused usage quotas, except where required by law or explicitly stated in an applicable promotion. For example, if you live in a jurisdiction that mandates a cooling-off period or refunds for online subscriptions, we will honor our obligations as required by law. After cancellation or downgrading, you will lose access to features exclusive to the paid plan (and your account may revert to a Free tier with limited functionality).
We may offer free trials or promotional offers for paid plans. Such offers are for a limited time and are subject to eligibility and any additional terms we specify. After a free trial period ends, if you have not cancelled, you may be automatically enrolled into a paid subscription and charged, unless otherwise stated. We reserve the right to modify or terminate promotional offers at our discretion.
You may stop using Elastic Copilot at any time. You may also delete your account by following the process in our app or contacting support. Terminating your account will result in deactivation or deletion of your account and denial of any future access to the Service. Keep in mind that if you simply uninstall the extension or stop using the Service without formally cancelling any subscription, you may still be charged if you had an active paid plan – so please properly cancel or delete your account to ensure termination of billing.
We reserve the right to suspend or terminate your access to the Service (in whole or in part) under the following circumstances: (a) if you breach any provision of these Terms or violate applicable law; (b) if your use of Elastic Copilot poses a security risk or could adversely impact the Service or any other users; (c) if required by law enforcement or government request; or (d) for extended periods of inactivity on a free account. In most cases, we will attempt to notify you of the violation and provide an opportunity to remedy it, but for serious or repeat violations we may suspend/terminate immediately without notice. Additionally, we may terminate the Service or your account if we discontinue the Elastic Copilot offering altogether (though we have no plans to do so, and will give advance notice if this occurs).
Upon termination of your account for any reason: (a) License End – any rights granted to you under these Terms will immediately end, and you must cease all use of Elastic Copilot and uninstall any software provided as part of the Service; (b) Access Termination – we may disable your account and you will lose access to the Service and any data or content (including code snippets, chat history, or development history) stored by the Service. Please ensure you have locally saved any important data or code from the Service prior to termination, as we are not responsible for providing copies of your data post-termination; (c) Fees – if termination occurs due to your breach or misconduct, no refund will be provided for any fees you have paid, and any unpaid fees for the remaining term of your subscription become due immediately. If termination is by us without cause (e.g., a service discontinuation) and you are a paid user, we will provide a pro-rata refund for the remaining unused portion of your subscription; (d) Surviving Provisions – certain sections of these Terms will survive termination. All provisions regarding intellectual property ownership, disclaimers, indemnity, limitations of liability, and governing law survive the termination of these Terms and remain in effect.
After termination, we may permanently delete your account data and content from our systems, though residual copies may persist in backups for a limited time. We are not liable to you or any third party for termination of your access to the Service (subject to any refund obligations stated above). If your account was terminated by us for violation of these Terms, you are prohibited from creating a new account to use the Service without our express permission.
Elastic Copilot is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Elastic AI disclaims all warranties and conditions, express or implied, regarding the Service. We do not guarantee that Elastic Copilot will meet your requirements, achieve any particular results, or operate uninterrupted, secure, or error-free.
In particular, while Elastic Copilot strives to provide useful and accurate code suggestions and automations, we make no warranty that the AI-generated outputs ("Suggestions") are correct, reliable, or suitable for any purpose. Using code or advice from Elastic Copilot is at your own risk. You are expected to review, test, and validate any AI-generated code before using it in production. Elastic AI disclaims any responsibility for errors or bugs in your software that result from following Elastic Copilot's suggestions. We also do not warrant that the Service will detect or prevent all potential issues (such as security vulnerabilities or logical errors) in your code.
We expressly disclaim any and all implied warranties or conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No information or advice (whether oral or written) obtained from Elastic AI or through the Service shall create any warranty not expressly stated in these Terms. You understand that AI technology has inherent limitations – for example, AI suggestions might be outdated, biased, or otherwise imperfect. Elastic AI is not responsible for any content or information you obtain through the Service, and you bear all risk associated with your use of any Suggestions or outputs.
We make no warranty or endorsement about any third-party services or content accessed through Elastic Copilot. For example, we do not guarantee the availability or accuracy of any external documentation, web content, or third-party API results that the Service might present to you. Those are provided "as is" and governed by the third parties' terms and privacy policies.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the minimum scope and duration permitted by applicable law.
To the fullest extent permitted by law, in no event will Elastic AI or its affiliates, officers, employees, or agents be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for lost profits, revenue, goodwill, data, or other intangible losses) arising out of or related to your use of (or inability to use) Elastic Copilot, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages. Elastic Copilot involves sophisticated software and third-party integrations; you acknowledge that we are not liable for any damages resulting from errors, downtime, data loss, or unauthorized access that occur despite our security and privacy measures.
To the extent that liability cannot be completely disclaimed, the aggregate liability of Elastic AI to you for all claims arising out of or related to the Service or these Terms will not exceed the greater of: (a) the total amount you paid to us for your use of Elastic Copilot in the six (6) months prior to the event giving rise to the liability; or (b) USD $100. If you have not paid any fee (for example, using the free tier), Elastic AI's total liability to you shall not exceed $100. This limitation applies collectively to all types of claims you may bring (e.g., contract, tort, etc.).
You acknowledge that the fees (if any) charged for Elastic Copilot reflect this allocation of risk and the limitations of liability specified herein, and that we would not be able to provide the Service on an economically feasible basis without such limitations. You agree that these limitations shall apply even if any limited remedy is found to have failed of its essential purpose.
Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law – for example, we do not limit liability for our intentional misconduct or for personal injury caused by our gross negligence. However, to the extent the law allows, we exclude all such other types of liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. In those jurisdictions, Elastic AI's liability will be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless Elastic AI and its affiliates, officers, agents, partners, and employees from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or in any way connected with: (a) your use of the Service (including any actions taken by your account, and any code or content generated or modified using Elastic Copilot); (b) your violation of these Terms or of any applicable law or regulation; (c) your violation of any rights of any third party, including intellectual property rights or privacy rights, through your use of Elastic Copilot or any User Content you provide; or (d) any misuse of the Service by a third party using your account credentials (whether or not you authorized that use). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. This indemnity obligation will survive any termination or expiration of your account or these Terms.
These Terms and any dispute arising out of or relating to the Service or these Terms will be governed by the laws of the State of California, U.S.A., without regard to its conflict of law principles. If you use the Service outside the United States, you do so on your own initiative and are responsible for compliance with any local laws. You expressly agree to the transfer and processing of your data in the United States in accordance with our Privacy Policy (see Privacy Policy for details on data location). The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Please read this section carefully, as it affects your legal rights. You and Elastic AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved by binding arbitration on an individual basis, except as set forth below. This means you are waiving the right to a jury trial and to participate in a class action for such disputes.
In the event the arbitration provision is found unenforceable or if you opt-out of arbitration (you have the right to opt out of the arbitration agreement by sending us written notice within 30 days of first accepting these Terms, stating that you decline arbitration), then you agree that any suit or proceeding shall be resolved exclusively in the federal or state courts located in the State of California, County of San Francisco (or another venue we designate for Elastic AI's principal business). You consent to personal jurisdiction in these courts.
You agree that any claim arising out of or related to the Service or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred. This does not apply where prohibited by law.
Elastic Copilot is an evolving service. We reserve the right to change, update, or discontinue the Service (or any part of it) at any time, with or without prior notice. We may add or remove functionalities or features, or we may suspend or stop the Service altogether. For any material changes that significantly impact the use of the Service, we will endeavor to provide notice (for example, via our website, in-app notification, or email). You agree that Elastic AI will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, except that if you are a paying subscriber and we discontinue the Service in its entirety, we will provide a pro-rata refund for any unused portion of your subscription.
We may revise these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on our website (under "Legal" or similar section) and updating the "Last Updated" date at the top, or by other appropriate means. It is your responsibility to review these Terms periodically. By continuing to use Elastic Copilot after new Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel your subscription. For significant changes, we may provide an opportunity to explicitly accept the new Terms, but your continued use of the Service will constitute acceptance regardless.
These Terms (along with our Privacy Policy and any additional guidelines or terms provided for specific features) constitute the entire agreement between you and Elastic AI regarding the Service, and supersede all prior agreements (whether written or oral) relating to the subject matter. Any additional or different terms proposed by you (for example, in a purchase order) are rejected unless expressly agreed to in writing by Elastic AI.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. A waiver is only effective if in writing and signed by an authorized representative of Elastic AI.
You may not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may freely assign these Terms, or any of our rights and obligations hereunder, to any party (including in connection with a merger, acquisition, or sale of assets, or by operation of law).
You and Elastic AI are independent contractors, and these Terms do not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has the authority to bind the other or incur obligations on the other's behalf.
Elastic AI will not be liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor conditions, governmental actions, internet or utility failures, or any other force majeure event.
Elastic Copilot is the best context-aware pair programmer to help you or your team with development.
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