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.
Use & Processing · Context
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.
Supporting quotations
"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.
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.
Account & Service Control · Restriction or exception
A User can be a person, company or organization and must be at least 13 years old
“User,” “You” and “Your” cover the individual person, company or organization that visits or uses the Website or Service, accesses or uses any part of the Account, or directs use of the Account in performing its functions. A User must be at least 13 years of age. The definition adds that special terms may apply for business or government Accounts, pointing to Section B(5): Additional Terms.
Supporting quotations
“User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
Qualifications & exceptions
The 13-year minimum is stated for Users generally; the definition does not say here what age rules, if any, apply to organizations.
Not stated here
Which special business or government terms apply is not stated in this definition; it points to Section B(5): Additional Terms.
Content & IP Rights · Context
Content, User-Generated Content and Your Content are defined by who creates them
“Content” is code, text, data, documentation, images, graphics, software, packages and other materials made available through the Service. “User-Generated Content” is Content that you or other users upload, submit or create through the Service. “Your Content” is User-Generated Content that you upload, submit or create, including your modifications to Content you have forked or cloned, but it does not include the underlying Content created by others.
Supporting quotations
"Content" means code, text, data, documentation, images, graphics, software, packages, and other materials made available through the Service.
"User-Generated Content" means Content that you or other users upload, submit, or create through the Service.
"Your Content" means User-Generated Content that you upload, submit, or create, including your modifications to Content you have forked or cloned. It does not include the underlying Content created by others.
Qualifications & exceptions
Forked or cloned Content: only your modifications count as Your Content, not the underlying Content others created.
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.
Account & Service Control · Context
An Account is your legal relationship with GitHub; Personal Accounts can belong to any number of Organizations
An “Account” represents your legal relationship with GitHub. A “Personal Account” represents an individual User's authorization to log in to and use the Service and serves as that User's identity on GitHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users, where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.
Supporting quotations
An "Account" represents your legal relationship with GitHub. A “Personal Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.
Account & Service Control · Company practice
You control your Personal Account; an Organization's owner controls it and is held responsible for it
Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it. For an Organization created under these Terms, its “owner” has ultimate administrative control over the Organization and its Content and can manage User access to the Organization's data and projects. An Organization may have several owners but must have at least one Personal Account as an owner. If you are an Organization's owner, GitHub considers you responsible for the actions performed on or through that Organization.
Supporting quotations
Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it.
The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization’s data and projects. An Organization may have multiple owners, but there must be at least one Personal Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
Qualifications & exceptions
Your control over your Personal Account is stated to be “Subject to these Terms.”
The owner-control rule is stated for an Organization “created under these Terms.”
Account & Service Control · Restriction or exception
A valid email is required to sign up; other details are optional unless you act for an entity or pay
You must provide a valid email address to complete signup. Any other information requested, such as your real name, is optional. The exceptions are if you accept the terms on behalf of a legal entity, in which case GitHub needs more information about the entity, or if you opt for a paid Account, in which case additional billing information is necessary.
Supporting quotations
You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
Not stated here
What additional entity or billing information is required is not specified here.
Account & Service Control · Restriction or exception
Accounts must be created by a human; bot-registered Accounts are not permitted, but machine accounts are
You must be a human to create an Account, and Accounts registered by bots or other automated methods are not permitted. GitHub does permit machine accounts: an Account set up by an individual human who accepts the Terms on its behalf, provides a valid email address and is responsible for its actions. A machine account is used exclusively for automated tasks. Multiple users may direct it, but the owner of the Account is ultimately responsible for the machine's actions.
Supporting quotations
You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions.
Account & Service Control · Restriction or exception
One person or entity may keep one free Account, plus at most one free machine account
One person or legal entity may maintain no more than one free Account. Controlling a machine account as well is allowed, but a machine account can only be used for running a machine. You may maintain no more than one free machine account in addition to your free Personal Account.
Supporting quotations
One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
You may maintain no more than one free machine account in addition to your free Personal Account.
Qualifications & exceptions
The limits are stated for free Accounts; the text does not here limit paid Accounts.
Account & Service Control · Restriction or exception
Users must be 13 or older; GitHub terminates under-13 Accounts it learns of, and local minimum ages may be higher
You must be age 13 or older. GitHub says it must comply with United States law, does not target its Service to children under 13 and does not permit Users under 13. If GitHub learns of a User under 13, it will terminate that User's Account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older, and you are then responsible for complying with your country's laws.
Supporting quotations
You must be age 13 or older.
If we learn of any User under the age of 13, we will terminate that User’s Account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
Qualifications & exceptions
Termination is triggered when GitHub “learns of” an under-13 User.
Not stated here
The document does not list any country's minimum age.
Account & Service Control · Restriction or exception
A login is for one person; a paid Organization is limited to its subscribed number of Personal Accounts
Your login may only be used by one person; a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows.
Supporting quotations
Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows.
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.
Security & Safeguards · Restriction or exception
You are responsible for your Account's security and for all content and activity under it
You are responsible for keeping your Account secure while you use the Service. GitHub offers tools such as two-factor authentication, but the content of your Account and its security are up to you. You are responsible for all content posted and activity under your Account, even when content is posted by others who have Accounts under your Account, and for maintaining the security of your Account and password. GitHub says it cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Supporting quotations
You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.
You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
You are responsible for maintaining the security of your Account and password. GitHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Qualifications & exceptions
GitHub's no-liability statement is limited to loss or damage from your failure to comply with the security obligation.
Security & Safeguards · Procedure
You must promptly tell GitHub Support about unauthorized use of or access to your Account
You will promptly notify GitHub through the GitHub Support portal if you become aware of any unauthorized use of, or access to, the Service through your Account, including any unauthorized use of your password or Account.
Supporting quotations
You will promptly notify GitHub by contacting us through the [GitHub Support portal](https://support.github.com/) if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
Qualifications & exceptions
The duty arises when you become aware of the unauthorized use or access.
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.
Content & IP Rights · Company practice
GitHub and its licensors keep all IP rights in the Website and Service and reserve rights not expressly granted
GitHub and its licensors, vendors, agents and content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. GitHub reserves all rights not expressly granted to you under the Agreement or by law, and states that the look and feel of the Website and Service is copyright GitHub, Inc.
The reservation covers rights “not expressly granted” by the Agreement or by law.
Content & IP Rights · Restriction or exception
You may not copy or reuse GitHub's HTML/CSS, JavaScript or visual design without express written permission
You may not duplicate, copy or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts of the Website and Service without express written permission from GitHub.
Supporting quotations
You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from GitHub.
Qualifications & exceptions
The restriction is lifted by express written permission from GitHub.
Content & IP Rights · Restriction or exception
Using GitHub's trademarks requires following its trademark guidelines, including those on its logos page
If you would like to use GitHub's trademarks, you must follow all of GitHub's trademark guidelines, including those on its logos page.
Supporting quotations
If you’d like to use GitHub’s trademarks, you must follow all of our trademark guidelines, including those on our logos page: [https://github.com/logos](https://github.com/logos).
Not stated here
The trademark guidelines and logos page are referenced but their text is not part of this document.
Content & IP Rights · Permission or license
The GitHub policy text itself is licensed under a Creative Commons Zero license
This Agreement (the text of the terms) is licensed under a Creative Commons Zero license, with details in GitHub's site-policy repository. This is a statement about the license of the policy text, separate from the rights granted over the Website and Service.
Supporting quotations
This Agreement is licensed under this [Creative Commons Zero license](https://creativecommons.org/publicdomain/zero/1.0/).
For details, see our [site-policy repository](https://github.com/github/site-policy#license).
Not stated here
The terms of the Creative Commons Zero license and the site-policy repository's license note are not part of this document.
Account & Service Control · Company practice
Abusive or excessive API use can lead to suspension of API access, with a reasonable attempt at warning
Abuse or excessively frequent requests to GitHub through the API may result in temporary or permanent suspension of your Account's access to the API. GitHub determines abuse or excessive usage at its sole discretion. GitHub says it will make a reasonable attempt to warn you by email before suspension.
Supporting quotations
Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your Account's access to the API. GitHub, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
Qualifications & exceptions
The email warning is a “reasonable attempt,” not an unconditional guarantee.
Not stated here
The document does not state the rate limits or what counts as excessive.
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.
Charges & Financial Obligations · Permission or license
GitHub may offer subscription-based API access for high-throughput or resale-related use
GitHub may offer subscription-based access to its API for Users who require high-throughput access or access that would result in resale of GitHub's Service.
Supporting quotations
GitHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of GitHub's Service.
Qualifications & exceptions
The statement is that GitHub “may” offer this; no terms or prices are given.
Not stated here
The terms and price of any subscription-based API access are not stated.
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.
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.
Supporting quotations
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.
Content & IP Rights · Company commitment
GitHub does not claim ownership of your Input or Output
GitHub states that it does not claim ownership of your Input or Output. Input is content or context you provide to an AI Feature, such as prompts, attachments, workspace code and conversation history; Output is the responses and suggestions an AI Feature generates.
Supporting quotations
GitHub does not claim ownership of your Input or Output.
“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
The statement concerns ownership only; Section J.3 separately describes a license to collect and use Inputs and Outputs.
Content & IP Rights · Restriction or exception
Output may resemble training data or third-party licensed code, and you must check whether you need a license
Output may contain material that resembles code or content in the model's training data or that is subject to third-party copyrights or open source license terms. You are responsible for determining whether your use of Output requires a third-party license and for complying with any such license.
Supporting quotations
Output may contain material that resembles code or content in the model's training data or that is subject to third-party copyrights or open source license terms. You are responsible for determining whether your use of Output requires a third-party license and for complying with any such license.
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.
Supporting quotations
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.
Sharing & Disclosure · Restriction or exception
Affiliates may use Inputs and Outputs unless you opt out; no sharing with third-party model providers for their training
Unless you opt out, GitHub's Affiliates may use your Inputs and Outputs under this license in accordance with their applicable privacy and contractual obligations. The license does not permit GitHub or its Affiliates to share your Inputs or Outputs with third-party AI model providers for their own independent model training purposes.
Supporting quotations
Unless you opt out, GitHub's Affiliates may use your Inputs and Outputs under this license in accordance with their applicable privacy and contractual obligations. This license does not, however, permit GitHub or its Affiliates to share your Inputs or Outputs with third-party AI model providers for their own independent model training purposes.
Qualifications & exceptions
Affiliate use is stated to be subject to the Affiliates' applicable privacy and contractual obligations.
Not stated here
The Affiliates' privacy and contractual obligations are not described in this document.
Content & IP Rights · Restriction or exception
The J.3 license adds to the D.4 and D.8 rights and does not reach repository Content not provided as Input
The license in Section J.3 is in addition to, and does not limit, the rights granted to GitHub and its Affiliates under Sections D.4 and D.8. It does not extend to Your Content stored in repositories that is not provided as Input to an AI Feature.
Supporting quotations
The license in this Section J.3 is in addition to, and does not limit, the rights granted to GitHub and its Affiliates under Sections D.4 and D.8. This license does not extend to Your Content stored in repositories that are not provided as Input to an AI Feature.
You grant GitHub and our Affiliates the right to store, host, archive, parse, display, and make copies of Your Content as necessary to provide, develop, and improve the Service, including by training AI Features
Qualifications & exceptions
The exclusion concerns Your Content in repositories that is not provided as Input to an AI Feature.
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.
Supporting quotations
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.
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.
Content & IP Rights · Permission or license
Feedback you give GitHub is licensed to it royalty-free, perpetually, irrevocably, transferably and sublicensably
If you choose to give GitHub ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for its products or services (“Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and incorporate the Feedback into its products, services and documentation.
Supporting quotations
If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation.
Qualifications & exceptions
The license is triggered when you choose to give Feedback; the section is framed around Beta Preview users.
Charges & Financial Obligations · Company practice
A subscription price holds for the payment term but can change at the end of the term
GitHub's pricing and payment terms are available at github.com/pricing. If you agree to a subscription price, it remains your price for the duration of the payment term, but prices are subject to change at the end of a payment term. Section R says GitHub notifies 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 the account.
Supporting quotations
Our pricing and payment terms are available at [github.com/pricing](https://github.com/pricing). If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
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
The price commitment lasts for the payment term; prices are subject to change at its end.
The Section R notice is described there for material changes to the Agreement, with price increases given as an example.
Not stated here
The current prices are on the pricing page, which is not part of this document.
Charges & Financial Obligations · Company practice
Upgrading, or moving from monthly to yearly billing, triggers immediate or full-year billing
GitHub will immediately bill you when you upgrade from the free plan to any paying plan. If you change from a monthly to a yearly billing plan, GitHub bills you for a full year at the next monthly billing date. If you upgrade to a higher level of service, GitHub bills you for the upgraded plan immediately.
Supporting quotations
We will immediately bill you when you upgrade from the free plan to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
Account & Service Control · User right or choice
You may change your plan at any time, but downgrading may cost you access to Content, features or capacity
You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you downgrade your Account, you may lose access to Content, features or capacity of your Account. The text points to its Cancellation section for information on getting a copy of that Content.
Supporting quotations
You may change your level of service at any time by [choosing a plan option](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.
Qualifications & exceptions
Loss of access on downgrade is stated as a possibility (“may lose access”).
Not stated here
Which Content, features or capacity would be lost on a given downgrade is not specified.
Charges & Financial Obligations · Restriction or exception
Plan fees are billed in advance and are non-refundable, with no refunds for partial months, downgrades or unused months
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis and is non-refundable. There are no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account, but the service stays active for the length of the paid billing period. GitHub says no exceptions will be made, in order to treat everyone equally.
Supporting quotations
For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.
Qualifications & exceptions
Invoiced Users' amounts are non-refundable “except as otherwise provided in this Agreement.”
Charges & Financial Obligations · Company practice
Usage-based features are billed in arrears on actual usage beyond any quantity included in your plan
Some Service features are billed based on usage. A limited quantity may be included in your plan for a limited term without extra charge. If you use paid features beyond the included quantity, you pay based on your actual usage in the preceding month, charged on a periodic basis in arrears. The text refers to the GitHub Additional Product Terms for details.
Supporting quotations
Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to use paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See GitHub Additional Product Terms for Details.
Qualifications & exceptions
Only “some” Service features are usage-billed.
Not stated here
The included quantities, rates and details are in the GitHub Additional Product Terms, which are not part of this document.
Charges & Financial Obligations · Restriction or exception
Invoiced Users pay in U.S. dollars within 30 days, with late interest, recovery costs and possible order termination
For invoiced Users, fees must be paid in full, up front, without deduction or setoff, in U.S. Dollars, within thirty days of the GitHub invoice date. Amounts payable are non-refundable except as otherwise provided in the Agreement. If fees are not paid on time, GitHub reserves the right, in addition to other action at law or equity, to charge interest on past due amounts at 1.0% per month or the highest rate allowed by law, whichever is less, to charge all expenses of recovery, and to terminate the applicable order form.
Supporting quotations
For invoiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the GitHub invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement.
If User fails to pay any fees on time, GitHub reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form.
Qualifications & exceptions
This applies to “invoiced Users.”
Not stated here
The order form is not part of this document.
Charges & Financial Obligations · Permission or license
By agreeing to the Terms you permit GitHub to charge your on-file payment method for fees you authorize
By agreeing to these Terms, you give GitHub permission to charge your on-file credit card, PayPal account or other approved payment methods for fees that you authorize for GitHub.
Supporting quotations
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for GitHub.
Qualifications & exceptions
The permission covers “fees that you authorize.”
Charges & Financial Obligations · Restriction or exception
You are responsible for all fees and taxes from your use; free Accounts need no payment information
You are responsible for all fees, including taxes, associated with your use of the Service, and by using the Service you agree to pay GitHub any charge incurred. If you dispute the matter, contact GitHub through the Support portal. You must provide a valid means of payment for paid Accounts; free Accounts are not required to provide payment information. For invoiced Users, the invoicing paragraph makes the User solely responsible for taxes, fees, duties and governmental assessments imposed in connection with the Agreement, except taxes based on GitHub's net income.
Supporting quotations
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the [GitHub Support portal](https://support.github.com/). You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
User is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on GitHub's net income) that are imposed or become due in connection with this Agreement.
Qualifications & exceptions
The tax exclusion for taxes based on GitHub's net income appears in the invoicing paragraph.
Account & Service Control · Procedure
You must cancel your own Account through Settings; GitHub cannot cancel it on an email or phone request
It is your responsibility to properly cancel your Account with GitHub. You can cancel at any time through Settings in the global navigation bar, where the Account screen has a no-questions-asked cancellation link. GitHub says it cannot cancel Accounts in response to an email or phone request.
Supporting quotations
It is your responsibility to properly cancel your Account with GitHub. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
Retention & Deletion · Company practice
After cancellation GitHub retains information as needed, then deletes your profile and repository Content within 90 days
GitHub will retain and use your information as necessary to comply with its legal obligations, resolve disputes and enforce its agreements. Barring legal requirements, it will delete your full profile and the Content of your repositories within 90 days of cancellation or termination, though some information may remain in encrypted backups. This information cannot be recovered once your Account is canceled. GitHub will not delete Content you contributed to other Users' repositories or that other Users have forked.
Supporting quotations
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.
We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
Qualifications & exceptions
Deletion within 90 days is stated “barring legal requirements.”
Some information may remain in encrypted backups.
Content contributed to other Users' repositories, or forked by others, is not deleted.
Not stated here
The text does not state how long retained legal, dispute or enforcement information is kept, or how long encrypted backups persist.
Account & Service Control · User right or choice
On request within 90 days, GitHub will make a reasonable effort to provide a copy of your lawful Account contents
Upon request, GitHub will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination or downgrade. You must make the request within 90 days of the cancellation, termination or downgrade. The payment section notes that a downgrade can mean losing access to Content, features or capacity.
Supporting quotations
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.
Qualifications & exceptions
The commitment is a “reasonable effort,” limited to lawful, non-infringing Account contents.
The request must be made within 90 days.
Not stated here
The format or method of the copy is not described.
Account & Service Control · Permission or license
GitHub may suspend or terminate your access, or refuse service, at any time with or without cause or notice
GitHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub also reserves the right to refuse service to anyone for any reason at any time.
Supporting quotations
GitHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub reserves the right to refuse service to anyone for any reason at any time.
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.
Account & Service Control · Company practice
GitHub offers support only by email and electronic messages, not by telephone
GitHub only offers support via email, in-Service communications and electronic messages. It does not offer telephone support.
Supporting quotations
GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
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.
Account & Service Control · Permission or license
GitHub may modify or discontinue the Website, temporarily or permanently, with or without notice
GitHub reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part of it, with or without notice.
Supporting quotations
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
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.
Account & Service Control · Procedure
Questions about the Terms go through the GitHub Support portal
For questions about the Terms of Service, GitHub directs you to contact it through the GitHub Support portal.
Supporting quotations
Questions about the Terms of Service? Contact us through the [GitHub Support portal](https://support.github.com/).
Content & IP Rights · Restriction or exception
You are responsible for Your Content and any harm from it; GitHub disclaims responsibility for public display or misuse
You are responsible for Your Content and any harm resulting from it, including Content you post, upload or make available through the Service. GitHub says it is not responsible for any public display or misuse of Your Content.
Supporting quotations
You are responsible for Your Content and any harm resulting from it. This includes Content you post, upload, or make available through the Service. We are not responsible for any public display or misuse of Your Content.
Content & IP Rights · Permission or license
GitHub may refuse or remove User-Generated Content that violates law or its terms and policies
GitHub may refuse or remove User-Generated Content that violates applicable law or GitHub's terms and policies. GitHub says it accesses private repositories only as described in Section E. Content shown on GitHub Mobile may be subject to app store terms.
Supporting quotations
We may refuse or remove User-Generated Content that violates applicable law or our terms and policies. We access private repositories only as described in Section E. Content displayed on GitHub Mobile may be subject to app store terms.
"User-Generated Content" means Content that you or other users upload, submit, or create through the Service.
Qualifications & exceptions
The removal right is tied to content that violates applicable law or GitHub's terms and policies.
The private-repository access statement points to Section E for when access happens.
Not stated here
Which app store terms may apply to GitHub Mobile is not specified.
Content & IP Rights · User right or choice
You own Your Content, and must have the right and license to post anything you did not create
You own Your Content. If you post Content you did not create, you are responsible for ensuring you have the right to post it and for complying with any applicable licenses. “Your Content” means your own User-Generated Content, including your modifications to forked or cloned Content, and does not include the underlying Content created by others.
Supporting quotations
You own Your Content. If you post Content you did not create, you are responsible for ensuring you have the right to post it and for complying with any applicable licenses.
It does not include the underlying Content created by others.
Qualifications & exceptions
Ownership is stated for Your Content as defined in section A, which excludes the underlying Content created by others.
Content & IP Rights · Permission or license
You grant the D.4 to D.8 licenses unpaid; they end when you remove Your Content unless it was forked
You grant GitHub and other Users the licenses in Sections D.4 to D.8, and they apply to Your Content. If Your Content already includes a license giving GitHub the permissions it needs, no additional license is required. You will not receive payment for these rights. The licenses end when you remove Your Content, unless other Users have forked it.
Supporting quotations
You grant us and other Users the licenses in Sections D.4–D.8. These licenses apply to Your Content. If Your Content already includes a license granting us the permissions we need, no additional license is required. You will not receive payment for these rights. These licenses end when you remove Your Content, unless other Users have forked it.
Qualifications & exceptions
The end of the licenses on removal is subject to the exception for Content other Users have forked.
Content & IP Rights · Permission or license
You license GitHub and Affiliates to store, host, copy and share Your Content as needed to run and improve the Service
You grant GitHub and its Affiliates the right to store, host, archive, parse, display and make copies of Your Content as necessary to provide, develop and improve the Service. The license includes copying it to GitHub's database and making backups, showing it to you and other Users, parsing it into a search index or otherwise analyzing it on GitHub's servers, sharing it with other Users, and performing it if it is something like music or video.
Supporting quotations
You grant GitHub and our Affiliates the right to store, host, archive, parse, display, and make copies of Your Content as necessary to provide, develop, and improve the Service
This license includes the right to do things like copy it to our database and make backups; show it to you and other Users; parse it into a search index or otherwise analyze it on our servers; share it with other Users; and perform it, in case Your Content is something like music or video.
Qualifications & exceptions
The rights are limited to what is “necessary” to provide, develop and improve the Service.
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.
Supporting quotations
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.
Content & IP Rights · Permission or license
Public repositories let others view and fork Your Content under a nonexclusive, worldwide license
Your Content that you post publicly, including issues, comments and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and fork them. By making a repository public, you grant other Users a nonexclusive, worldwide license to use, display, perform and reproduce (by forking) Your Content through the Service as permitted by GitHub's functionality. You may grant additional rights by adopting a license. If you post Content you did not create or own, you are responsible for ensuring it is licensed under terms that permit these uses.
Supporting quotations
Your Content that you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories
By making a repository public, you grant other Users a nonexclusive, worldwide license to use, display, perform and reproduce (by forking) Your Content through the Service as permitted by GitHub's functionality. You may grant additional rights by adopting a license. If you post Content you did not create or own, you are responsible for ensuring it is licensed under terms that permit these uses.
Qualifications & exceptions
The license to other Users is limited to use through the Service as permitted by GitHub's functionality.
Content & IP Rights · Permission or license
Content added to a licensed repository is licensed on that repository's terms unless a separate agreement differs
Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms and agree you have the right to license it under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement supersedes.
Supporting quotations
Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
Qualifications & exceptions
A separate agreement on different terms, such as a contributor license agreement, supersedes this rule.
Content & IP Rights · Permission or license
You keep moral rights in Your Content but waive asserting them against GitHub and Affiliates to the extent D.4 requires
You retain all moral rights to Your Content, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against GitHub or its Affiliates, to enable them to reasonably exercise the rights granted in Section D.4, but not otherwise. To the extent the agreement is not enforceable by applicable law, you grant GitHub the rights it needs to use Your Content without attribution and to make reasonable adaptations as necessary to render the Website and provide the Service.
Supporting quotations
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us or our Affiliates, to enable GitHub and our Affiliates to reasonably exercise the rights granted in Section D.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
Qualifications & exceptions
The waiver is limited to enabling GitHub and Affiliates to reasonably exercise the D.4 rights, “but not otherwise.”
Sharing & Disclosure · Company practice
Public repository Content is open to everyone, and the Terms do not restrict lawful access to it
By choosing to contribute Content to a public repository, you are choosing to and directing GitHub to make that Content accessible to everyone on the internet. Unless specifically set forth in these Terms, they do not restrict lawful access to or use of the contents of public repositories by third parties, or by GitHub or its Affiliates.
Supporting quotations
By choosing to contribute Content to a public repository, you are choosing to and directing us to make such Content accessible to everyone on the internet. Unless specifically set forth herein, these Terms do not restrict lawful access to or use of the contents of public repositories by third parties, or by GitHub or its Affiliates.
Qualifications & exceptions
The no-restriction statement is made “Unless specifically set forth herein” and covers lawful access and use.
Content & IP Rights · Restriction or exception
Automated access to public Content to train a commercial AI system waives your own terms limiting GitHub's access
If you use automated means to access, collect or otherwise use publicly accessible Content from the Service to develop or train a commercially available AI model, machine learning system or similar technology (a “Commercial AI System”), you waive any policies, terms, conditions or contractual provisions governing products, services, websites or datasets you own or operate that would otherwise prohibit, restrict or place conditions on GitHub's access to publicly accessible data, information or content associated with them, including to develop or train a Commercial AI System. You also agree not to impose technical or other targeted measures to restrict or retaliate against that access. Section D.9 does not apply in the two situations described in its exceptions.
Supporting quotations
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"), you hereby waive any and all policies, terms, conditions, or contractual provisions governing products, services, websites or datasets you own or operate that would otherwise prohibit, restrict, or place conditions upon GitHub's Access to any publicly accessible data, information or content associated with your products or services, including for the purpose of developing or training any Commercial AI System. You further agree not to impose technical or other targeted measures to restrict or retaliate against such Access.
This Section D.9 does not apply to Access solely for the purpose of academic research or if, on the date you Access the Content, the number of monthly active users of the products or services made available by you is less than 700 million in the preceding calendar month.
Qualifications & exceptions
The waiver is triggered by automated access for the purpose of developing or training a Commercial AI System.
The exceptions are for access solely for academic research, or where your monthly active users on the access date were under 700 million in the preceding calendar month.
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.
Security & Safeguards · Company commitment
GitHub treats private repository contents as confidential to you and protects them with at least reasonable care
Some Accounts may have private repositories, which let the User control access to Content. GitHub considers the contents of private repositories to be confidential to you and will protect them from unauthorized use, access or disclosure in the same manner it would protect its own similar confidential information, and in no event with less than a reasonable degree of care.
Supporting quotations
Some Accounts may have private repositories, which allow the User to control access to Content.
GitHub considers the contents of private repositories to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
Qualifications & exceptions
Private repositories are available to “some” Accounts.
Security & Safeguards · Restriction or exception
GitHub personnel will not access private repository content without your consent except in five listed circumstances
You control access to the content of your private repositories. GitHub treats it as confidential to you, and GitHub personnel will not access it without your consent except for security purposes; automated scanning or manual review for known vulnerabilities, active malware, or other content known to violate the Terms of Service; assisting the repository owner with a support matter; maintaining the integrity of the Service; or complying with legal obligations if GitHub has reason to believe the contents violate the law. Another paragraph says GitHub may also be compelled by law to disclose private repository contents.
Supporting quotations
You control access to the content of your private repositories. GitHub considers the contents of private repositories to be confidential to you, as set forth in Section E.2, and GitHub personnel will not access private repository content without your consent except in the following circumstances:
for security purposes;
for automated scanning or manual review for known vulnerabilities, active malware, or other content known to violate our Terms of Service;
to assist the repository owner with a support matter;
to maintain the integrity of the Service; or
to comply with our legal obligations if we have reason to believe the contents are in violation of the law.
Additionally, we may be compelled by law to disclose the contents of your private repositories.
Qualifications & exceptions
The legal-obligations circumstance applies where GitHub has reason to believe the contents are in violation of the law.
The short version of this section also mentions access with your consent; the operative list is quoted here.
Content & IP Rights · User right or choice
You may enable features needing extra rights to private repository Content; GitHub says it will explain them
You may choose to enable additional access to your private repositories. For example, you may enable GitHub services or features that require additional rights to Your Content in private repositories. Those rights may vary by service or feature, but GitHub says it will continue to treat your private repository Content as confidential. If the services or features require rights beyond those GitHub needs to provide the GitHub Service, GitHub says it will explain those rights.
Supporting quotations
You may choose to enable additional access to your private repositories. For example:
You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights.
Qualifications & exceptions
The explanation of additional rights is promised for rights beyond those needed to provide the GitHub Service.
Not stated here
Which services or features require additional rights, and what those rights are, is not stated here.
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.
Supporting quotations
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.
Security & Safeguards · Company commitment
GitHub says it will give notice of private repository access, except in five listed situations
GitHub will provide notice regarding its access to private repository content, unless the access is for legal disclosure, to comply with its legal obligations, where GitHub is otherwise bound by requirements under law, for automated scanning, or in response to a security threat or other risk to security.
Supporting quotations
GitHub will provide notice regarding our access to private repository content, unless for legal disclosure, to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security.
Qualifications & exceptions
The notice commitment is conditioned on none of the listed exceptions applying.
Not stated here
How or when notice is given is not described.
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.
Account & Service Control · Company practice
GitHub will terminate the Accounts of repeat infringers of its copyright policy
GitHub says it will terminate the Accounts of repeat infringers of its copyright infringement and DMCA policy.
Supporting quotations
We will terminate the Accounts of repeat infringers of this policy.
Not stated here
The document does not define when a person counts as a repeat infringer.