GitHub added a new section titled 'AI Features, Training, and Your Data' to its Terms of Service, establishing terms specific to GitHub Copilot and other AI features. The updated terms introduce definitions for 'AI Feature', 'Input', and 'Output' to clarify how data provided to AI tools may be used for development and improvement of machine learning models. The change also reorganized the table of contents, moving 'Beta Previews' from section K to section L and inserting the new AI section as section K, with an effective date of April 27, 2026.
The updated terms establish a dedicated section governing AI features, including GitHub Copilot. The new language introduces formal definitions of 'AI Feature', 'Input' (content or context provided to an AI feature, including prompts, attachments, code, and conversation history), and 'Output' (responses and suggestions generated by the AI feature). The terms state that GitHub may use Input data for development and improvement of AI and machine learning models. Users of AI features should review the new section K to understand how their prompts, code, and conversation history may be processed.
→ Review the new section K of GitHub's Terms of Service to understand how Input data (prompts, code, conversation history) may be used for AI model development.
→ If you process sensitive or personal data through Copilot or other AI features, consider whether you need to update your own privacy notices or data processing agreements to disclose this use to your customers or data subjects.
New section establishes that GitHub may use Input data (prompts, code, conversation history) from AI features for development and improvement of machine learning models.
Defines AI Feature as any GitHub feature using machine learning or artificial intelligence to generate Output, including Copilot and Copilot Autofix.
Input includes content or context provided to an AI Feature (prompts, attachments, code, conversation history); Output includes responses and suggestions generated by the AI Feature.
This change record describes what was added, removed, or modified in the document. Analysis reflects what the updated agreement states or permits. It does not constitute a legal determination about enforceability. Applicability may vary by jurisdiction. Methodology
Wording edits to this record that do not change what it claims. Changes to a claim are published as corrections.
GitHub introduced a dedicated AI governance section in its Terms of Service, effective April 27, 2026. The new section K defines AI Features, Input, and Output, and reserves rights to use Input data for model …
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