GitHub Terms of Service
1 Apr 2026 (archived copy) → 14 Oct 2026
New AI Features terms clarify how GitHub uses your data for AI training with opt-out options, define AI-related terms, update content ownership and license grants, and add detailed rules on private repository access and public repository content.
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License grant expanded to include AI training
You now grant GitHub and its Affiliates rights to use Your Content to train and improve AI and machine learning models, explicitly including AI Features, clarifying this use is not a sale or restricted transfer.
BeforeYou 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.
AfterYou 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.
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New section on AI Features, training, and your data with opt-out
A new section details how GitHub uses your Inputs and Outputs to train AI models unless you opt out, clarifies ownership of Input and Output, disclaimers about Output accuracy, and your responsibility for Output use and indemnity.
BeforeNot in the old version.
AfterJ. AI Features, Training, and Your Data 1. Applicability 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. 2. Ownership 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). 4. Disclaimers 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.
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Detailed rules on access to private repository content
GitHub clarifies that private repository content is confidential and will only be accessed with your consent or for specific reasons including security, support, legal compliance, and if you provide content as Input to AI Features, with opt-out options for AI use.
BeforeShort 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.
AfterShort version: We treat the content of private repositories as confidential, and we only access it as described in Section E.3 below—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. … 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. … - 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.
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New definitions for AI Features, Affiliates, and content types
The terms add definitions for AI Feature, Affiliate (including Microsoft as an Affiliate), Content, Input, Output, User-Generated Content, and Your Content, clarifying AI-related terminology and content ownership.
BeforeNot in the old version.
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.
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Clarification on private repository access
GitHub added a statement that it accesses private repositories only as described in Section E.
BeforeNot in the old version.
AfterWe access private repositories only as described in Section E.
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Clarification on public repository content and lawful access
By contributing to public repositories, you direct GitHub to make that content accessible to everyone, and these terms do not restrict lawful access or use of public repository content by third parties or GitHub Affiliates.
BeforeNot in the old version.
After8. 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.
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Terminology and content responsibility updates
Terminology was refined (e.g., 'Personal Accounts' to 'Accounts', 'User-Generated Content' to 'Your Content'), responsibility for content clarified, and license grant language simplified and updated to reflect current practices.
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. … We have a few simple rules for Personal Accounts on GitHub's Service. … 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. … 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. … 3. Ownership of Content, Right to Post, and License Grants … 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. … These license grants apply to Your Content. … If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. … The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it. … 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. … 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.
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Updated section numbering and references in Access Reciprocity
The section number for Access Reciprocity was updated from 8 to 9, and the exception clause was updated to refer to Section D.9 instead of D.8.
Before8. Access Reciprocity … 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.
After9. Access Reciprocity … 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.
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Updated effective date
The effective date of the Terms of Service was updated from November 16, 2020 to April 27, 2026.
BeforeEffective date: November 16, 2020
AfterEffective date: April 27, 2026
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Correction of section reference for injunctive relief
The section reference for claims for injunctive relief was updated from section D.8 to section D.9.
BeforeHowever, any claim for injunctive relief with respect to a violation of section D.8 may be brought in any jurisdiction.
AfterHowever, any claim for injunctive relief with respect to a violation of section D.9 may be brought in any jurisdiction.
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Expanded acronym for API
The acronym API was expanded from 'Application Provider Interface' to 'Application Programming Interface'.
BeforeShort 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.
AfterShort 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.
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Section letter updated for Beta Previews
The section letter for Beta Previews was updated from J to K.
BeforeJ. Beta Previews
AfterK. Beta Previews
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Typo correction in Beta Preview feedback
Corrected typo from 'improve of products' to 'improve our products'.
BeforeWe’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that.
AfterWe’re always trying to improve our products and services, and your feedback as a Beta Preview user will help us do that.
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Removed or replaced minor or outdated text
Removed some single-letter summary placeholders, old definitions of Content and User-Generated Content, some redundant or outdated clauses, and updated section numbering.
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. … You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. … You retain ownership of and responsibility for Your Content. … Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub Users — certain legal permissions, listed in Sections D.4 — D.7. … You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. … We need the legal right to do things like host Your Content, publish it, and share it. … This license does not grant GitHub the right to sell Your Content. … It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program. … GitHub personnel may only access the content of your private repositories in the situations described in our Privacy Statement. … 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 … 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 Q.
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