What changed in GitHub Terms of Service?

The updated GitHub Terms of Service introduce new AI-related terms detailing how your data may be used to train AI models, clarify ownership and licensing of content, specify conditions for private repository access, and add an opt-out for AI training data use, significantly affecting your data rights and AI feature usage.

123 changed clauses 3 high impact 6 medium 7 low 31 minor

1. High impact

   New AI Features section explaining data use and your rights

   GitHub added a new section about AI Features explaining that your Inputs and Outputs may be used to train and improve AI models unless you opt out, that GitHub does not claim ownership of your Input or Output, and that you are responsible for compliance and indemnity related to AI Output.

   Before

   Not in the old version.

   After

   AI Features, Training, and Your Data These are the terms that apply to GitHub Copilot and other AI features, including how your data may be used for development and improvement of the artificial intelligence and machine learning models, and the controls available to you. … J. AI Features, Training, and Your Data … 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. … GitHub does not claim ownership of your Input or Output. … 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. … 3. Development and Improvement Using Your Input and Output … 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. … 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. … 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. … 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). … 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. … 5. Your Responsibility and Indemnity … 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.

   Quoted word for word from the document.

2. High impact

   Expanded license to GitHub includes use of your content for AI training

   You now grant GitHub and its Affiliates a license to use Your Content to provide, develop, and improve the Service, including training AI models, clarifying that this use is not a sale or restricted transfer of your content.

   Before

   You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time.

   After

   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, 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.

   Quoted word for word from the document.

3. High impact

   Clarified and expanded conditions for GitHub access to private repository content

   GitHub treats private repository content as confidential and will only access it with your consent or for specific reasons including security, support, legal compliance, or if you provide it as Input to AI Features, with an opt-out option for AI training use.

   Before

   Short version: We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent.

   After

   Removed.

   Quoted word for word from the document.

4. Medium

   New and revised definitions including AI Feature and Content

   The terms now define AI Feature, Affiliate, Content, Input, Output, User-Generated Content, and Your Content more precisely, including clarifying Microsoft as an Affiliate and specifying what counts as Input and Output for AI Features.

   Before

   - “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.

   After

   - "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. … - “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. … - "Content" means code, text, data, documentation, images, graphics, software, packages, and other materials made available through the Service. … - “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. … - "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.

   Quoted word for word from the document.

5. Low

   Minor wording changes in definitions for clarity

   The definitions for GitHub, Service, and User were slightly reworded for clarity, e.g., removing 'Personal' from Accounts and specifying Service includes the Website.

   Before

   - “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. - The “Service” refers to the applications, software, products, and services provided by GitHub, including any Beta Previews. - “The 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.

   After

   - “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our directors, subsidiaries, contractors, licensors, officers, agents, and employees. … - The “Service” refers to the applications, software, products, and services provided by GitHub, including through the Website and any Beta Previews. … - “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.

   Quoted word for word from the document.

6. Medium

   Responsibility for content clarified and renamed

   The terms clarify that you are responsible for Your Content and any harm from it, and GitHub is not responsible for misuse of Your Content (renamed from User-Generated Content).

   Before

   You may create or upload User-Generated Content while using the Service. … We are not responsible for any public display or misuse of your User-Generated Content.

   After

   Removed.

   Quoted word for word from the document.

7. Medium

   GitHub's right to remove content and private repo access described

   GitHub may remove User-Generated Content violating laws or policies and notes that Content on GitHub Mobile may be subject to app store terms; also clarifies private repo access as described in Section E.

   Before

   We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or GitHub terms or policies. User-Generated Content displayed on GitHub Mobile may be subject to mobile app stores' additional terms.

   After

   Removed.

   Quoted word for word from the document.

8. Medium

   Ownership and license grants reorganized and clarified

   You own Your Content and grant GitHub and other Users licenses to use it; you are responsible for rights to post content you did not create; no payment is made for these rights; licenses end when you remove content unless forked.

   Before

   3. Ownership of Content, Right to Post, and License Grants You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.

   After

   Removed.

   Quoted word for word from the document.

9. Medium

   Public content license to other users clarified

   By making repositories public, you grant other Users a license to use, display, perform, and reproduce Your Content through GitHub as permitted, and you are responsible for licensing content you did not create.

   Before

   Any User-Generated Content 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 (this means that others may make their own copies of Content from your repositories in repositories they control). If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you adopt a license. If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users.

   After

   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 (this means that others may make their own copies within the Service in repositories they control). 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.

10. Low

    Moral rights waiver extended to GitHub Affiliates

    You waive moral rights not only against GitHub but also its Affiliates to allow reasonable exercise of granted rights.

    Before

    However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.

    After

    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.

11. Medium

    Public repositories are accessible to everyone and terms do not restrict lawful access

    By contributing to public repositories, you direct GitHub to make content accessible to everyone; these Terms do not restrict lawful access or use of public repository contents by third parties or GitHub Affiliates.

    Before

    Not in the old version.

    After

    8. Public Repositories and Lawful Access 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.

12. Low

    Section numbering and references updated

    Section numbers and cross-references were updated, e.g., changing references from Section D.8 to D.9 and renumbering sections accordingly.

    Before

    This Section D.8 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. … However, any claim for injunctive relief with respect to a violation of section D.8 may be brought in any jurisdiction.

    After

    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. … However, any claim for injunctive relief with respect to a violation of section D.9 may be brought in any jurisdiction.

    Quoted word for word from the document.

13. Low

    Updated effective date

    The Terms' effective date was updated from November 16, 2020 to April 27, 2026.

    Before

    Effective date: November 16, 2020

    After

    Effective date: April 27, 2026

14. Low

    Typo correction in Feedback section

    Corrected typo from 'of' to 'our' in the Feedback section.

    Before

    We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that.

    After

    We’re always trying to improve our products and services, and your feedback as a Beta Preview user will help us do that.

15. Low

    Expanded acronym for API

    Changed 'Application Provider Interface' to the correct 'Application Programming Interface' for API.

    Before

    Short version: You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub.

    After

    Short version: You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Programming Interface), including use of the API through a third party product that accesses GitHub.

16. Low

    Section letter updates

    Section letters were updated sequentially, e.g., J to K, K to L, etc., to accommodate new sections.

    Before

    J. Beta Previews … L. Cancellation and Termination … M. Communications with GitHub … N. Disclaimer of Warranties … O. Limitation of Liability … P. Release and Indemnification … Q. Changes to These Terms

    After

    K. Beta Previews … M. Cancellation and Termination … N. Communications with GitHub … O. Disclaimer of Warranties … P. Limitation of Liability … Q. Release and Indemnification … R. Changes to These Terms

    Quoted word for word from the document.

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