The section summaries are a non-binding overview of the full terms
GitHub presents these terms as a short summary followed by the full legal terms, and describes the summary as non-binding. Section S.3 repeats that the section titles and brief summaries are not legally binding. The summary table lists what sections A through S cover; the detail sits in the full terms.
Supporting quotations
we have presented these terms in a short non-binding summary followed by the full legal terms
These section titles and brief summaries are not legally binding.
Qualifications & exceptions
The summary table is a reading aid listing sections A through S; it adds no terms of its own.
Section S.3 (Section Headings and Summaries) says the section titles and brief summaries are not legally binding.
Legal Rights & Agreement Rules · Context
These GitHub Terms of Service state an effective date of April 27, 2026
The document states that this version of the GitHub Terms of Service is effective April 27, 2026. Section R separately explains how GitHub may change the terms and the notice it gives of material changes.
Supporting quotations
Effective date: April 27, 2026
Qualifications & exceptions
Region is not stated on the face of the document.
Not stated here
The document does not name a region or audience restriction in this opening text.
Legal Rights & Agreement Rules · Context
The Agreement covers these Terms plus other rules and policies GitHub publishes on its Website
“The Agreement” means the terms, conditions and notices in this document or referenced in it, together with all other operating rules, policies (including the GitHub Privacy Statement) and procedures that GitHub may publish from time to time on the Website. So policies posted on the Website can form part of the Agreement, not only the text of this page.
Supporting quotations
The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement
that we may publish from time to time on the Website
Qualifications & exceptions
Most of GitHub's site policies are said to be available at docs.github.com/categories/site-policy.
The document names the GitHub Privacy Statement as one included policy.
Not stated here
The text of the Privacy Statement and the other published policies is not part of this saved document, so what they say is not described here.
Legal Rights & Agreement Rules · Context
“GitHub,” “We” and “Us” include GitHub, Inc. and its related people and entities; Microsoft is an Affiliate
“GitHub,” “We” and “Us” mean GitHub, Inc. and also its directors, subsidiaries, contractors, licensors, officers, agents and employees. An “Affiliate” is any entity that controls, is controlled by, or is under common control with a party, where control means more than 50 percent ownership or the right to direct management. The document states that Microsoft is an Affiliate of GitHub.
Supporting quotations
“GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means having more than fifty percent (50%) ownership or the right to direct the management of the entity. For the avoidance of doubt, Microsoft is an Affiliate of GitHub.
Qualifications & exceptions
“Control” is defined as having more than fifty percent (50%) ownership or the right to direct the management of the entity.
Legal Rights & Agreement Rules · Context
The Service covers GitHub's applications, products and services, including the Website and Beta Previews
“The Service” refers to the applications, software, products and services GitHub provides, including through the Website and any Beta Previews. “Beta Previews” are software, services or features identified as alpha, beta, preview, early access or evaluation, or with similar wording, so those early-stage features fall inside the Service.
Supporting quotations
The “Service” refers to the applications, software, products, and services provided by GitHub, including through the Website and any Beta Previews.
"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
Legal Rights & Agreement Rules · Context
The Website includes GitHub-owned subdomains, conference and product sites, with more specific terms winning on conflict
“The Website” means github.com and all content, services and products GitHub provides at or through it, plus GitHub-owned subdomains such as education.github.com and pages.github.com. These Terms also govern GitHub's conference websites such as githubuniverse.com and product websites such as electronjs.org. Some GitHub websites may have different or additional terms; if those conflict with this Agreement, the more specific terms apply to the relevant page or service.
Supporting quotations
It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/).
These Terms also govern GitHub’s conference websites, such as [githubuniverse.com](https://githubuniverse.com/), and product websites, such as [electronjs.org](https://www.electronjs.org/).
Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
Qualifications & exceptions
The examples given (education.github.com, pages.github.com, githubuniverse.com, electronjs.org) illustrate the scope and are not described as a full list.
Not stated here
The separate or additional terms on other GitHub-owned sites are not supplied.
Legal Rights & Agreement Rules · Restriction or exception
You may not use GitHub in violation of export-control or sanctions laws or on behalf of a sanctioned person
You may not use GitHub in violation of United States or other applicable export control or sanctions laws, and you may not use GitHub if you are, or work on behalf of, a Specially Designated National or a person subject to similar blocking or denied-party prohibitions administered by a U.S. government agency. GitHub says it may allow persons in certain sanctioned countries or territories to access certain GitHub services under U.S. government authorizations.
Supporting quotations
You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction.
You may not use GitHub if you are or are working on behalf of a [Specially Designated National (SDN)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.
GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations.
Qualifications & exceptions
The document refers readers to an Export Controls policy for more information.
Not stated here
The Export Controls policy text is not supplied in this document.
Legal Rights & Agreement Rules · Context
Third-party terms may apply, and government Users and Enterprise Cloud customers are covered by separate amendments
In some situations third parties' terms may apply to your use of GitHub, for example if you belong to an organization with its own terms or license agreements, download an application that integrates with GitHub, or use GitHub to authenticate to another service. GitHub says these Terms are its full agreement with you, while other parties' terms govern their relationships with you. Government Users, or anyone using a GitHub Service in a government capacity, are subject to a Government Amendment, and customers who signed up for GitHub Enterprise Cloud are subject to the Enterprise Cloud Addendum.
Supporting quotations
In some situations, third parties' terms may apply to your use of GitHub. For example, you may be a member of an organization on GitHub with its own terms or license agreements; you may download an application that integrates with GitHub; or you may use GitHub to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this Government Amendment to GitHub Terms of Service applies to you, and you agree to its provisions.
If you have signed up for GitHub Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions.
Qualifications & exceptions
The Government Amendment and Enterprise Cloud Addendum are named but their text is not part of this document.
Not stated here
What the Government Amendment and the Enterprise Cloud Addendum provide is not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
Your use of the Website and Service must comply with applicable laws, and you are responsible for checking
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service complies with laws and any applicable regulations. Section B.3 separately restricts use under export control and sanctions laws.
Supporting quotations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction.
Qualifications & exceptions
The named law types (copyright, trademark, export control or sanctions) are examples within “applicable laws,” and “other laws in your jurisdiction” is also covered.
Legal Rights & Agreement Rules · Restriction or exception
You agree never to violate GitHub's Acceptable Use Policies or Community Guidelines
You agree that you will not, under any circumstances, violate GitHub's Acceptable Use Policies or Community Guidelines. This section's own text does not list their content; its short version says the section covers some restrictions on content you can post, conduct on the service and other limitations.
Supporting quotations
You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.
Not stated here
The Acceptable Use Policies and Community Guidelines are referenced but their text is not part of this document, so the specific restrictions are not described here.
Legal Rights & Agreement Rules · Restriction or exception
API tokens may not be shared to exceed rate limits, and the API may not be used to download data for spamming
You may not share API tokens to exceed GitHub's rate limitations. You may not use the API to download data or Content from GitHub for spamming purposes, including selling GitHub users' personal information, such as to recruiters, headhunters and job boards.
Supporting quotations
You may not share API tokens to exceed GitHub's rate limitations.
You may not use the API to download data or Content from GitHub for spamming purposes, including for the purposes of selling GitHub users' personal information, such as to recruiters, headhunters, and job boards.
Qualifications & exceptions
Selling users' personal information to recruiters, headhunters and job boards is given as an example of spamming purposes.
Legal Rights & Agreement Rules · Context
All use of the GitHub API is subject to these Terms and the GitHub Privacy Statement
All use of the GitHub API is subject to these Terms of Service and the GitHub Privacy Statement. The section's short version adds that you agree to these Terms plus Section H when using any GitHub API, including through a third-party product that accesses GitHub.
Supporting quotations
All use of the GitHub API is subject to these Terms of Service and the [GitHub Privacy Statement](https://github.com/site/privacy).
Not stated here
The GitHub Privacy Statement is referenced but not supplied in this document.
Legal Rights & Agreement Rules · Context
By using the Services you also agree to the GitHub Additional Product Terms for specific features
Some Service features may be subject to additional terms specific to that feature or product, as set out in the GitHub Additional Product Terms. By accessing or using the Services, you also agree to the GitHub Additional Product Terms.
Supporting quotations
Some Service features may be subject to additional terms specific to that feature or product as set forth in the GitHub Additional Product Terms. By accessing or using the Services, you also agree to the GitHub Additional Product Terms.
Qualifications & exceptions
The short version for this section calls them the Supplemental Terms and Conditions, while the operative paragraph names the GitHub Additional Product Terms.
Not stated here
The GitHub Additional Product Terms are referenced but their text is not part of this document, so which features they cover and what they require is not described.
Legal Rights & Agreement Rules · Restriction or exception
Output is as-is with no guarantee of accuracy or freedom from errors or IP claims; you must review it
Output is provided “as-is” and subject to the disclaimers in Section O. Without limiting Section O, Output may be inaccurate, incomplete or non-functional, and may resemble third-party code, including code under open source licenses. GitHub does not guarantee that Output is free of errors, vulnerabilities or intellectual property claims. You are responsible for reviewing, testing and validating any Output before use.
Supporting quotations
Output is provided "as-is" and subject to the disclaimers in Section O. Without limiting Section O: Output may be inaccurate, incomplete, or non-functional. Output may resemble third-party code, including code under open source licenses. We do not guarantee that Output is free of errors, vulnerabilities, or intellectual property claims.
You are responsible for reviewing, testing, and validating any Output before use.
Qualifications & exceptions
The disclaimer is stated to be subject to, and without limiting, Section O.
Legal Rights & Agreement Rules · Restriction or exception
You are responsible for your use of Output, and the Section Q indemnity covers AI Features and Output
You are responsible for your use of Output, including ensuring it complies with applicable law and does not infringe third-party rights. Your indemnity obligations in Section Q apply to your use of AI Features and Output, including claims arising from Output you incorporate into your products or services.
Supporting quotations
You are responsible for your use of Output, including ensuring it complies with applicable law and does not infringe third-party rights.
Your indemnity obligations in Section Q apply to your use of AI Features and Output, including claims arising from Output you incorporate into your products or services.
Qualifications & exceptions
The indemnity duties come from Section Q; this section only states that they extend to AI Features and Output.
Legal Rights & Agreement Rules · Restriction or exception
Beta Previews may be unsupported, changed without notice and lack the Service's security measures; use at own risk
Beta Previews may not be supported and may be changed at any time without notice. They are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk. The Service is defined to include any Beta Previews, so this section limits what the general Service description would suggest about them.
Supporting quotations
Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
The “Service” refers to the applications, software, products, and services provided by GitHub, including through the Website and any Beta Previews.
Qualifications & exceptions
The Service definition includes Beta Previews, while this section says they are not subject to the same security measures and auditing as the Service.
Legal Rights & Agreement Rules · Restriction or exception
Non-public Beta Preview information is GitHub's confidential information and may be used only to test and evaluate
You agree that any non-public Beta Preview information GitHub gives you, such as information about a private Beta Preview, is GitHub's confidential information, whether or not it is marked as such. You agree to use it only for the express purpose of testing and evaluating the Beta Preview and not for any other purpose. You should use the same degree of care as for your own confidential information, but no less than reasonable precautions to prevent unauthorized use, disclosure, publication or dissemination. You promise not to disclose, publish or disseminate it to any third party unless GitHub does not otherwise prohibit or restrict that disclosure, for example in a GitHub-organized group discussion about a private Beta Preview feature.
Supporting quotations
You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered GitHub’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose.
You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure (for example, you might be part of a GitHub-organized group discussion about a private Beta Preview feature).
Qualifications & exceptions
Disclosure is allowed where GitHub does not prohibit or restrict it; a GitHub-organized group discussion is given as an example.
Section K.2 lists exceptions to what counts as Confidential Information.
Legal Rights & Agreement Rules · Restriction or exception
Four kinds of information are not Confidential Information; legally required disclosure is allowed with notice
Confidential Information does not include information that is or becomes publicly available without breach of the Agreement through no act or inaction on your part (such as when a private Beta Preview becomes public), that you knew before GitHub disclosed it, that you independently developed without breaching a confidentiality obligation, or that is disclosed with permission from GitHub. You do not violate the Agreement if you are required to disclose Confidential Information by operation of law, provided GitHub has been given reasonable advance written notice to object, unless prohibited by law.
Supporting quotations
Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from GitHub.
You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided GitHub has been given reasonable advance written notice to object, unless prohibited by law.
Qualifications & exceptions
The legal-compulsion disclosure is conditioned on reasonable advance written notice to GitHub, unless the law prohibits notice.
Legal Rights & Agreement Rules · Context
Provisions that survive termination by their nature do, such as ownership, disclaimers, indemnity and liability limits
All provisions of the Agreement that, by their nature, should survive termination will survive it, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Supporting quotations
All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Qualifications & exceptions
The listed provisions are examples (“including, without limitation”).
Not stated here
Which other provisions survive “by their nature” is not listed.
Legal Rights & Agreement Rules · Restriction or exception
You consent to electronic communications, which count as paper notices, without affecting non-waivable rights
For contractual purposes, you consent to receive communications from GitHub in electronic form via your submitted email address or via the Service, and agree that all terms, agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that those communications would satisfy if on paper. This section does not affect your non-waivable rights.
Supporting quotations
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Qualifications & exceptions
The section states that it does not affect your non-waivable rights.
Legal Rights & Agreement Rules · Procedure
Email and support messages are not legal notice to GitHub; it must be written and served on its legal agent
Communications through email or GitHub Support's messaging system do not constitute legal notice to GitHub or any of its officers, employees, agents or representatives where notice to GitHub is required by contract, law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent.
Supporting quotations
Communications made through email or GitHub Support's messaging system will not constitute legal notice to GitHub or any of its officers, employees, agents or representatives in any situation where notice to GitHub is required by contract or any law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent.
Not stated here
The identity or address of GitHub's legal agent is not given in this document.
Legal Rights & Agreement Rules · Restriction or exception
The Website and Service are provided “as is” and “as available,” with all warranties disclaimed
GitHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. It expressly disclaims all warranties, whether express, implied or statutory, regarding the Website and the Service, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Supporting quotations
GitHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
Qualifications & exceptions
The listed warranties are examples (“including without limitation”).
Legal Rights & Agreement Rules · Restriction or exception
GitHub does not warrant uninterrupted, secure or accurate service, and you assume risk from downloading material
GitHub does not warrant that the Service will meet your requirements; be uninterrupted, timely, secure or error-free; provide accurate, reliable or correct information; have defects or errors corrected; be available at any particular time or location; or be free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading or use of files, information, content or other material obtained from the Service.
Supporting quotations
GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Legal Rights & Agreement Rules · Restriction or exception
GitHub is not liable to you or others for lost profits, data or indirect damages from eight listed matters
You understand and agree that GitHub will not be liable to you or any third party for any loss of profits, use, goodwill or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: the use, disclosure or display of your User-Generated Content; your use or inability to use the Service; any modification, price change, suspension or discontinuance of the Service; the Service generally or the software or systems that make it available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; any other user interactions you input or receive through your use of the Service; or any other matter relating to the Service.
Supporting quotations
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
"User-Generated Content" means Content that you or other users upload, submit, or create through the Service.
Qualifications & exceptions
The exclusion covers the listed kinds of loss and damages; this section's text does not itself say anything about other kinds of loss.
Not stated here
These blocks state no dollar cap or other limit; whether other provisions or applicable law add limits is not described here.
Legal Rights & Agreement Rules · Restriction or exception
The liability limit applies even if GitHub knew of possible damages; no liability for delays beyond its control
GitHub's liability is limited whether or not it has been informed of the possibility of such damages, and even if a remedy set forth in the Agreement is found to have failed of its essential purpose. GitHub also says it has no liability for any failure or delay due to matters beyond its reasonable control.
Supporting quotations
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Qualifications & exceptions
The limit is stated in the context of the damages listed in the preceding paragraph.
Legal Rights & Agreement Rules · Restriction or exception
If you have a dispute with other Users, you release GitHub from related claims, known and unknown
If you have a dispute with one or more Users, you agree to release GitHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with those disputes.
Supporting quotations
If you have a dispute with one or more Users, you agree to release GitHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Qualifications & exceptions
The release applies to disputes with one or more Users.
Legal Rights & Agreement Rules · Restriction or exception
You indemnify and defend GitHub against claims from your use, if GitHub gives notice, defense control and assistance
You agree to indemnify GitHub, defend it and hold it harmless from and against any and all claims, liabilities and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of the Agreement. This applies provided GitHub (1) promptly gives you written notice of the claim, (2) gives you sole control of the defense and settlement, though you may not settle unless the settlement unconditionally releases GitHub of all liability, and (3) provides all reasonable assistance, at your expense. Section J.5 says your indemnity obligations apply to your use of AI Features and Output, including claims arising from Output you incorporate into your products or services.
Supporting quotations
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (3) provides to you all reasonable assistance, at your expense.
Your indemnity obligations in Section Q apply to your use of AI Features and Output, including claims arising from Output you incorporate into your products or services.
Qualifications & exceptions
The indemnity is conditioned on GitHub's prompt written notice, giving you sole control of the defense and settlement, and reasonable assistance at your expense.
You may not settle a claim unless the settlement unconditionally releases GitHub of all liability.
Legal Rights & Agreement Rules · Company commitment
GitHub may amend the Terms any time; material changes get 30 days' notice, then continued use means agreement
GitHub reserves the right, at its sole discretion, to amend these Terms of Service at any time and will update them when it does. GitHub will notify Users of material changes to the Agreement, such as price increases, at least 30 days before the change takes effect, by posting a notice on its Website or emailing the primary email address on your GitHub account. The text says the Customer's continued use of the Service after those 30 days constitutes agreement to those revisions.
Supporting quotations
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement.
Qualifications & exceptions
The 30-day notice is described for material changes; price increases are given as an example.
The 30-day continued-use sentence refers to the “Customer's” continued use of the Service.
Not stated here
The text does not define what counts as a “material” change.
Legal Rights & Agreement Rules · Context
For other modifications, continued use of the Website means agreement; changes are viewable in GitHub's repository
For modifications other than material changes, your continued use of the Website constitutes agreement to GitHub's revisions of the Terms of Service. All changes to the Terms can be viewed in GitHub's Site Policy repository.
Supporting quotations
For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to these Terms in our [Site Policy](https://github.com/github/site-policy) repository.
Qualifications & exceptions
This applies to modifications described as “any other modifications,” as opposed to the material changes with 30 days' notice.
Not stated here
The Site Policy repository is referenced but its contents are not part of this document.
Legal Rights & Agreement Rules · Context
US federal law and California law govern the Agreement, unless applicable law provides otherwise
Except to the extent applicable law provides otherwise, the Agreement between you and GitHub, and any access to or use of the Website or the Service, are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
Supporting quotations
Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
Qualifications & exceptions
Stated “Except to the extent applicable law provides otherwise.”
Legal Rights & Agreement Rules · Restriction or exception
You and GitHub submit to San Francisco courts, but injunctive claims about Section D.9 may be brought anywhere
You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. However, any claim for injunctive relief with respect to a violation of Section D.9 (the access reciprocity rule on automated access to public Content for training Commercial AI Systems) may be brought in any jurisdiction.
Supporting quotations
You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. However, any claim for injunctive relief with respect to a violation of section D.9 may be brought in any jurisdiction.
By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commercial AI System")
Qualifications & exceptions
The exception covers claims for injunctive relief about a violation of section D.9 only.
Legal Rights & Agreement Rules · Permission or license
GitHub may assign the Terms, including the D.4 license, without your consent; you may not assign without its consent
GitHub may assign or delegate these Terms of Service and/or the GitHub Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without GitHub's prior written consent, and any unauthorized assignment or delegation by you is void.
Supporting quotations
GitHub may assign or delegate these Terms of Service and/or the [GitHub Privacy Statement](https://github.com/site/privacy), in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Qualifications & exceptions
The two directions differ: GitHub needs no consent; you need GitHub's prior written consent.
Legal Rights & Agreement Rules · Context
Section titles and brief summaries throughout the Agreement are not legally binding
Each section of the Agreement includes a title and a brief summary of the terms that follow. These section titles and brief summaries are stated to be not legally binding.
Supporting quotations
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Legal Rights & Agreement Rules · Context
If part of the Agreement is invalid the rest stays in force; GitHub's non-enforcement is not a waiver
If any part of the Agreement is held invalid or unenforceable, that portion will be construed to reflect the parties' original intent and the remaining portions stay in full force and effect. Any failure by GitHub to enforce a provision is not a waiver of its right to enforce it. GitHub's rights under the Agreement survive any termination of the Agreement.
Supporting quotations
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Legal Rights & Agreement Rules · Procedure
The Agreement changes only by a signed GitHub amendment or by GitHub posting a revised version under Section R
The Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by GitHub posting a revised version in accordance with Section R, Changes to These Terms. Section R says GitHub may amend the Terms at any time, with at least 30 days' notice of material changes.
Supporting quotations
This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with Section R. Changes to These Terms.
We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account.
Qualifications & exceptions
Posting a revised version must follow Section R.
Legal Rights & Agreement Rules · Context
These Terms with the Privacy Statement are the complete agreement and supersede prior agreements, including NDAs
These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and GitHub. The Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between you and GitHub relating to the subject matter of these terms, including any confidentiality or nondisclosure agreements.
Supporting quotations
These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Qualifications & exceptions
Section A defines “the Agreement” more broadly than the Terms and Privacy Statement, to include other published operating rules, policies and procedures.
Section B.5 says other parties' terms, such as an organization's, govern their own relationships with you.
Not stated here
The Privacy Statement is referenced but its text is not part of this document.
Legal Rights & Agreement Rules · Context
For the 700 million user threshold, “you” includes entities that control, are controlled by, or share control with you
For Section D.9, “you” means you and any entity that directly or indirectly controls, is controlled by, or is under common control with you. The exception turns on the number of monthly active users of the products or services you make available in the preceding calendar month, measured on the date you access the Content.
Supporting quotations
For the purposes of this Section, "you" shall refer to you and any entity that directly or indirectly controls, is controlled by, or is under common control with you (affiliates).
Qualifications & exceptions
This extended meaning of “you” applies for the purposes of Section D.9 only.
Not stated here
The document does not say how monthly active users are counted across affiliated entities.
Legal Rights & Agreement Rules · Procedure
Copyright owners should use GitHub's DMCA process; takedown requests carry legal consequences if false or frivolous
If you believe content on GitHub violates your copyright, you are asked to contact GitHub in accordance with its Digital Millennium Copyright Act Policy. Copyright owners can use GitHub's DMCA form or email copyright@github.com. There may be legal consequences for sending a false or frivolous takedown notice, and before sending a takedown request you must consider legal uses such as fair use and licensed uses.
Supporting quotations
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us via [our convenient DMCA form](https://github.com/contact/dmca) or by emailing copyright@github.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
Not stated here
The Digital Millennium Copyright Act Policy is referenced but its text is not part of this document.