Terms of Service
Last Updated: June 1, 2026
These Terms of Service are posted by Packfiles Inc. for click-to-accept by customers who access or use the Product, including through the Microsoft Marketplace. They are the Cover Page of a Common Paper Cloud Service Agreement, presented for online acceptance rather than signature.
If you signed a separate Order Form or Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Order Form or Cover Page applies to your use of the Product.
This Agreement is between Packfiles Inc. and the company or person accessing or using the Product. This Agreement consists of:
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This Cover Page (including the Order Form and Key Terms below); and
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The Framework Terms defined below.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up for, accessing, or using the Product, or by clicking to accept these Terms, Customer indicates its acceptance of this Agreement and agrees to be bound by its terms and conditions.
Cover Page
Order Form
Framework Terms: This Cover Page incorporates and is governed by the Framework Terms, which are made up of the Key Terms below, the Common Paper Cloud Service Agreement Standard Terms Version 2.1 (incorporated by reference at https://commonpaper.com/standards/cloud-service-agreement/2.1), and the AI Addendum (incorporated below). Any modifications to the Standard Terms made in this Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings given in the Cover Page or the Standard Terms.
| Cloud Service | The world’s leading platform for Enterprise-scale GitHub adoption, including the Warp GitHub Copilot Agent (the “Agent”). |
| Order Date | The Effective Date |
| Subscription Period | 12 month(s) |
Fees and Payment: Microsoft Marketplace
Purchases of the Product are made through the Microsoft Marketplace (the “Marketplace”), where Microsoft acts as the merchant of record. Customer’s purchase, pricing, billing, payment, renewal, cancellation, and refunds for the Product are governed by Microsoft’s Marketplace terms and the applicable Microsoft order or offer, in addition to this Agreement. Packfiles does not separately bill or charge Customer for the Product purchased through the Marketplace, and Packfiles does not collect or store Customer’s payment instrument details. Current pricing for the Product is available on the Product’s Marketplace listing and at Provider’s pricing page. To the extent of any conflict between this Agreement and Microsoft’s Marketplace terms regarding fees, billing, payment, or refunds, the Microsoft Marketplace terms control for those matters.
If Customer instead purchases the Product directly from Provider under a separate written order or Cover Page, the fees, billing, and payment terms of that separate order will apply in place of this section.
Key Terms
| Customer | The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company. |
| Provider | Packfiles Inc. |
| Effective Date | The date Customer first accepts this Agreement. |
| Governing Law | The laws of the State of Florida |
| Chosen Courts | The state or federal courts located in Florida |
| General Cap Amount | The greater of (a) the fees paid or payable for the Product in the 12-month period immediately before the claim, or (b) one thousand dollars ($1,000) where the Product was obtained at no fee to Customer. |
| Notice Address | For Provider: <notices@packfiles.io>. For Customer: the main email address on Customer’s account (or, for Marketplace purchases, the account email associated with the Marketplace order). |
Covered Claims
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon someone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (a) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon someone else’s intellectual property or other proprietary rights; or (b) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer) or the AI Acceptable Use terms below.
AI Addendum
These Framework Terms incorporate the AI Addendum Standard Terms Version 1.0, available at https://commonpaper.com/standards/ai-addendum/1.0/, with the Variables set forth below (collectively, the “AI Addendum”). Section 1.6 (Machine Learning) of the Cloud Service Agreement Standard Terms is deleted in its entirety. If there is any inconsistency between this AI Addendum and the Agreement, the AI Addendum will control for the provision of AI Services.
| Training Data | None. Provider may not use Customer’s Inputs, Outputs, Usage Data, Feedback, or Customer Content to Train any Model. |
| Training Purposes | None. |
| Training Restrictions | Not applicable (no Training permitted). To the extent any data is used to maintain or improve the Services, it must first be aggregated and de-identified. |
| Covered Claims (AI) | Provider Covered Claims include any action, proceeding, or claim that the Output, when generated and used by Customer according to the Agreement and the AI Addendum, violates, misappropriates, or otherwise infringes the intellectual property or other proprietary rights of another person or entity. Provider’s obligations will not apply to claims resulting from: (a) use of Output in combination with products or services not provided by Provider (including the GitHub Copilot environment and underlying models); (b) Input; (c) Customer’s use of the AI Services in breach of the Agreement; (d) modifications to Output not made by Provider; (e) Output Customer knew or should have known might infringe; or (f) trademark claims arising from use of Output. |
| AI Acceptable Use Policy | Use of the AI Services is subject to the Packfiles AI Acceptable Use Policy, available at https://policies.packfiles.io and incorporated by reference. The AI Acceptable Use Policy is the controlling source for prohibited uses and related conduct obligations. |
| DPA | If Customer submits Personal Data governed by GDPR or similar laws, the parties will enter into Provider’s Data Processing Addendum, available on request and at https://policies.packfiles.io. |
AI Features and the Agent
1. AI Disclosure and Consent
Certain features of the Product, including the Warp GitHub Copilot Agent (the “Agent”), use artificial intelligence, and the Agent’s responses are AI-generated content. By invoking the Agent, Customer consents to the processing of Customer’s repository content and inputs as described in the Packfiles Privacy Notice (https://policies.packfiles.io) in order to provide the Agent’s features.
2. How the Agent Operates; GitHub Copilot
The Agent operates within GitHub’s Copilot environment. The content the Agent reads and the responses it generates are processed by GitHub, Inc. through GitHub Copilot and its underlying model provider(s). That AI processing, including any retention or model-training practices, is performed by GitHub and governed by GitHub’s terms and privacy practices (https://docs.github.com/en/site-policy), not by Provider. Provider does not operate its own AI model endpoint for the Agent and does not store the content the Agent processes at rest outside of Customer’s GitHub environment. The Agent and its outputs are also subject to the GitHub Terms of Service and Acceptable Use Policy in addition to this Agreement.
3. No Warranty on AI Output; Human Oversight
The Agent’s outputs, including labels, comments, diagnoses, remediation steps, configuration findings, security observations, and migration strategy documents, are provided to assist Customer and may be incomplete or incorrect. They are not professional, security, or legal advice and are not a guarantee of any outcome. Customer is responsible for independently reviewing and validating the Agent’s outputs before relying on or acting on them and for applying appropriate human oversight. To the maximum extent permitted by law, and notwithstanding any contrary term in the Standard Terms, Provider disclaims all warranties with respect to AI-generated output, including accuracy, completeness, and fitness for a particular purpose. Output may also be similar to output generated for other users, and Provider does not warrant that Output is unique or non-infringing.
4. Acceptable Use of AI Features
Customer’s use of the AI Services is governed by the Packfiles AI Acceptable Use Policy, available at https://policies.packfiles.io and incorporated into this Agreement by reference. The AI Acceptable Use Policy sets out the prohibited uses of the AI Services (including restrictions on inferring sensitive attributes, biometric categorization, social scoring, surveillance, and similar uses), human-oversight requirements, and related obligations. Customer must comply with the AI Acceptable Use Policy, and any violation is a breach of this Agreement. This section supplements Section 2.1 (Restrictions on Customer).
5. Feedback and Error Reporting
If the Agent produces an error or an output Customer believes is improper, Customer may report it to Provider at https://packfiles.io/support-request and, where applicable, to GitHub. Provider uses such feedback to test and improve the Agent.
6. Ownership of Input and Output
As between the parties, Customer retains all right, title, and interest in its Input and owns the Output, to the extent permitted by applicable law and subject to the rights of GitHub and its model provider(s) in their platforms and models. Nothing in this Agreement grants Customer rights in GitHub’s platform, the Copilot environment, or any underlying AI models.
Changes to the Standard Terms
Auto-Renewal
Modifying Section 6.1 of the Standard Terms, the Subscription Period does not automatically renew and will expire at the end of the Subscription Period, unless renewed through the Microsoft Marketplace in accordance with Microsoft’s terms.
Deletion of Customer Content
Supplementing the Standard Terms and consistent with the Packfiles Privacy Notice, for personal data that Provider holds in connection with the Agent or the GitHub integration, Provider will delete it within thirty (30) days after the earliest of: Customer uninstalling or removing the Agent or integration; Provider discontinuing it; its removal from the platform; or termination of the applicable GitHub Marketplace or partner agreement under which the Agent is provided, except for data that is aggregated and anonymized or that Provider must retain by law. Content processed within GitHub’s Copilot environment is retained and deleted in accordance with GitHub’s terms.
Order of Precedence
In the event of a conflict, the following order of precedence applies: (1) any separate signed Cover Page or order between the parties; (2) the AI Addendum, for matters concerning the AI Services; (3) Microsoft’s Marketplace terms, for matters concerning fees, billing, payment, and refunds for Marketplace purchases; (4) these Key Terms and Cover Page modifications; and (5) the Common Paper Cloud Service Agreement Standard Terms Version 2.1.
The Common Paper Cloud Service Agreement Standard Terms Version 2.1 and the AI Addendum Standard Terms Version 1.0 are incorporated by reference and available at commonpaper.com. This document reflects the Key Terms, Cover Page, and modifications specific to Packfiles.