This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The clause establishes the operational scope of GitHub's data use for model development and product improvement, while providing a mechanism for users to restrict participation in AI training activities through account settings.
The updated terms now explicitly authorize GitHub to collect AI outputs generated within the platform alongside user-provided code and content, and to share personal data with Microsoft and other GitHub affiliates for purposes including training and improving artificial intelligence and machine learning technologies. The privacy statement indicates that aggregate and de-identified data will be used where feasible, but the updated language establishes broader authority for affiliate data sharing and AI model development than the previous version stated. The revised terms also remove specific disclosure of the conditions under which GitHub personnel may access private repositories, replacing that detail with a cross-reference to the Terms of Service, which means the scope of internal GitHub access to private repositories is now defined in a separate contract document rather than the privacy statement itself.
View change record →Under this provision, personal data is used to train machine learning models unless the user affirmatively opts out through their settings. The availability of the opt-out mechanism means data use for AI training is not automatic upon account creation but requires the user to take no action for the default practice to apply.
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We are simplifying our Terms of Use, including clarifications around the use of AI tools, and their data use. We have moved the terms that describe AI Features, which were previously written for a Creator audience and located under the AI-Based Tools Supplemental Terms and Disclaimer, into the User ...
Data publicly available on the Internet. Our artificial intelligence models are trained on data that is publicly available on the Internet by third parties, which may contain personal data, even if we use good practices to filter out such personal data. [...] Training Datasets. In some cases, we acc...
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"We may use the personal data we collect to improve our Services, develop new Services, and conduct research. This includes using the data to train and improve AI and machine learning models for features like GitHub Copilot. You can opt out of your personal data being used to train these models by adjusting your settings.— Excerpt from GitHub's GitHub Privacy Statement
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The clause establishes the operational scope of GitHub's data use for model development and product improvement, while providing a mechanism for users to restrict participation in AI training activities through account settings.
Under this provision, personal data is used to train machine learning models unless the user affirmatively opts out through their settings. The availability of the opt-out mechanism means data use for AI training is not automatic upon account creation but requires the user to take no action for the default practice to apply.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.