AI Feature, Input and Output are defined broadly around machine-learning features
An “AI Feature” is any feature of GitHub or its Affiliates that uses machine learning or artificial intelligence to generate Output, including GitHub Copilot and Copilot Autofix, and any other feature identified as such in GitHub's documentation. “Input” is any content or context provided to an AI Feature, including prompts, attachments, code in your workspace and conversation history. “Output” is the responses and suggestions, including code or other material, that an AI Feature generates. Section J uses these terms.
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"AI Feature" means any feature of GitHub or our Affiliates that uses machine learning or artificial intelligence to generate Output, including GitHub Copilot, Copilot Autofix, and any other feature identified as using machine learning or artificial intelligence in our documentation.
“Input” means any content or context provided to an AI Feature, including prompts, attachments, code in your workspace, and conversation history.
"Output" means responses and suggestions, including code or other material, generated by an AI Feature.
Qualifications & exceptions
Which features count as AI Features can depend on GitHub's documentation, which is not part of this document.
Not stated here
The documentation that identifies other AI Features is not supplied here.
Use & Processing · Context
Section J covers all AI Features, but its training terms apply only to individual licenses
Section J applies to all AI Features unless a specific feature has additional terms that expressly modify it. The training and data-use provisions in Section J.3 apply only to individual licenses. If your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement, those agreements govern the use of your data in connection with AI Features and Section J.3 does not apply to you. “AI Feature” covers any GitHub or Affiliate feature that uses machine learning or AI to generate Output, including GitHub Copilot and Copilot Autofix.
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This section applies to all AI Features unless a specific feature has additional terms that expressly modify them. The training and data-use provisions in Section J.3 apply only to individual licenses. If your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement, those agreements govern the use of your data in connection with AI Features and Section J.3 does not apply to you.
"AI Feature" means any feature of GitHub or our Affiliates that uses machine learning or artificial intelligence to generate Output, including GitHub Copilot, Copilot Autofix, and any other feature identified as using machine learning or artificial intelligence in our documentation.
Qualifications & exceptions
A specific AI Feature can have additional terms that expressly modify Section J.
Section J.3 does not apply where a GitHub Customer Agreement or volume licensing agreement governs your use.
Not stated here
The terms of any Customer Agreement, volume licensing agreement or feature-specific terms are not supplied here.
Use & Processing · Permission or license
You license GitHub and Affiliates to train AI on Inputs and Outputs unless you opt out or a customer agreement applies
GitHub uses your Inputs to generate Outputs and provide AI Features. You also grant GitHub and its Affiliates a license to collect and use your Inputs and Outputs to develop, train and improve AI and machine learning models and technologies, including those that power AI Features. This license does not apply if you opt out through your account settings, or if your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement. If you opt out, GitHub will not collect or use your Inputs and Outputs for these purposes from the effective date of your opt-out going forward.
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We use your Inputs to generate Outputs and provide the AI Features. You also grant GitHub and its Affiliates a license to collect and use your Inputs and Outputs to develop, train and improve artificial intelligence and machine learning models and technologies including those that power AI Features, unless (a) you opt out through your account settings, or (b) your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement. If you opt out, GitHub will not collect or use your Inputs and Outputs for the purposes described in this paragraph from the effective date of your opt-out going forward.
Qualifications & exceptions
The opt-out is stated to take effect “going forward” from its effective date, not retroactively.
Section J.1 says J.3 applies only to individual licenses.
Not stated here
Where in the account settings the opt-out is found, and what happens to data collected before an opt-out, is not described here.
Use & Processing · Restriction or exception
The J.3 opt-out covers only Inputs and Outputs, not the D.4 to D.8 license or other Content such as public repositories
The opt-out right in Section J.3 applies solely to the use of your Inputs and Outputs as described in that section. It does not apply to the license granted in Sections D.4 to D.8 or to any Content that is not Input or Output, including Content stored in public repositories. Section E.3 separately says the J.3 opt-out applies to private repository content that you provide as Input to AI Features.
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The opt-out right described in this section applies solely to the use of your Inputs and Outputs as described in this section, and does not apply to the license granted in Sections D.4-D.8 or to any Content that does not constitute Input or Output (including Content stored in public repositories).
Your ability to opt out under Section J.3 applies to this use of private repository content.
Qualifications & exceptions
Opting out under J.3 leaves the D.4 to D.8 licenses and the use of non-Input, non-Output Content unaffected.
Use & Processing · Permission or license
The license to Your Content covers training AI Features and GitHub's and Affiliates' AI models, and is not a sale
The license in D.4 covers use of Your Content to develop, provide and improve the Service “including by training AI Features,” and for training, developing and improving AI and machine learning models and technologies of GitHub's Affiliates. GitHub states that using Your Content to develop, train and improve AI and machine learning models of GitHub and its Affiliates is within the scope of this license and is not a sale or other restricted transfer of Your Content. Microsoft is stated to be an Affiliate of GitHub. Section J.3 states that its opt-out right does not apply to the license granted in Sections D.4 to D.8.
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including by training AI Features, and for the purpose of training, developing, and improving artificial intelligence and machine learning models and technologies of our Affiliates
For the avoidance of doubt, use of Your Content to develop, train, and improve artificial intelligence and machine learning models and technologies of GitHub and our Affiliates is within the scope of this license and does not constitute a sale or other restricted transfer of Your Content.
For the avoidance of doubt, Microsoft is an Affiliate of GitHub.
The opt-out right described in this section applies solely to the use of your Inputs and Outputs as described in this section, and does not apply to the license granted in Sections D.4-D.8 or to any Content that does not constitute Input or Output (including Content stored in public repositories).
We will not otherwise use your private repository contents to develop or improve the Service.
Qualifications & exceptions
The AI-training statements sit inside the D.4 license, which is limited to what is stated there and to Your Content as defined in section A.
Section D.4 mentions no opt-out. Section J.3 gives an opt-out only for Inputs and Outputs and states that it does not apply to the license granted in Sections D.4 to D.8 or to Content that is not Input or Output, including Content in public repositories.
For private repository contents, Section E.3 says GitHub will not otherwise use them to develop or improve the Service, apart from private content you provide as Input to AI Features.
Not stated here
How the D.4 license over Your Content and the Section E.3 statement about private repository contents fit together is not spelled out in either section.
Use & Processing · Permission or license
Private repository content you give AI Features as Input may be used to improve the Service, subject to the J.3 opt-out
If you provide your private repository content as Input to AI Features, GitHub may use that Input to provide, develop, train and improve the Service, including AI Features. Your ability to opt out under Section J.3 applies to this use. GitHub says it will not otherwise use your private repository contents to develop or improve the Service. Section J.3 says the opt-out is available unless your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement. “Input” means any content or context provided to an AI Feature, including prompts, attachments, code in your workspace and conversation history.
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If you provide your private repository content as Input to AI Features, we may use that Input to provide, develop, train, and improve the Service, including AI Features. Your ability to opt out under Section J.3 applies to this use of private repository content. We will not otherwise use your private repository contents to develop or improve the Service.
“Input” means any content or context provided to an AI Feature, including prompts, attachments, code in your workspace, and conversation history.
unless (a) you opt out through your account settings, or (b) your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement.
For the avoidance of doubt, use of Your Content to develop, train, and improve artificial intelligence and machine learning models and technologies of GitHub and our Affiliates is within the scope of this license and does not constitute a sale or other restricted transfer of Your Content.
The opt-out right described in this section applies solely to the use of your Inputs and Outputs as described in this section, and does not apply to the license granted in Sections D.4-D.8 or to any Content that does not constitute Input or Output (including Content stored in public repositories).
Qualifications & exceptions
The use described applies to private repository content you provide as Input to AI Features.
Section D.4 licenses Your Content generally; this paragraph states that GitHub will not otherwise use private repository contents to develop or improve the Service.
The J.3 opt-out is not available where a GitHub Customer Agreement or volume licensing agreement governs your use.
Section J.3 states that its opt-out right applies solely to Inputs and Outputs and does not apply to the license granted in Sections D.4 to D.8.
Not stated here
How the D.4 license over Your Content and this E.3 statement about private repository contents fit together is not spelled out in either section.