What are the institutional and regulatory implications of this document?

REGULATORY LANDSCAPE: This agreement engages the California Consumer Privacy Act (CCPA) for California residents, GDPR and applicable EU member state data protection law for EU/EEA users processed under GitHub's Privacy Statement, COPPA for the under-13 age prohibition, and the DMCA for copyright takedown and counter-notice procedures. The FTC Act's unfair or deceptive practices framework is relevant to unilateral modification clauses and billing practices. GitHub's Privacy Statement (incorpora…

How does GitHub's GitHub Terms of Service affect users?

The agreement grants GitHub a license to reproduce, modify, distribute, and sublicense publicly posted content as part of service delivery. For paid accounts, GitHub retains the right to adjust pricing with 30 days' notice and to suspend service for non-payment. Users may configure repository visibility settings to designate content as private, which operates outside the public content license scope.

How often is GitHub's GitHub Terms of Service updated?

ConductAtlas monitors this document daily and captures every version with cryptographic hashing and timestamp verification. Update frequency varies — see the change timeline on this page for complete version history.

Can I get alerted when GitHub updates this document?

Yes. Watcher subscribers ($9.99/month) can add GitHub to their watchlist and receive same-day email alerts whenever this document or any other GitHub document changes.

CA-D-000253

GitHub Terms of Service

GitHub

Last change detected April 28, 2026 Terms of service

SHA-256: 84ac345720d21eb8ce6… 3 versions captured 2 changes documented

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View original document at GitHub ↗

This page describes what the document states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability may vary by jurisdiction. Methodology

10 Total

0 High severity

7 Medium severity

3 Low severity

Summary

This document establishes the terms governing user accounts and content hosted on GitHub.com, including rights to publicly posted content and service obligations. The agreement authorizes GitHub to exercise a license to reproduce, modify, distribute, and sublicense content posted to public repositories. For paid accounts, the terms permit GitHub to modify pricing with 30 days' notice and to suspend accounts for non-payment.

Technical / Legal Breakdown

This document is GitHub's Terms of Service governing the contractual relationship between GitHub, Inc. (a subsidiary of Microsoft Corporation) and individual users of GitHub.com, establishing the legal basis for account creation, content hosting, payment obligations, and service access under California law. The agreement states that users retain ownership of their content but grant GitHub a broad worldwide, royalty-free license to store, display, reproduce, distribute, modify, and perform User-Generated Content necessary to provide the service, and the terms authorize GitHub to terminate accounts or remove content at its discretion for violations of its Acceptable Use Policies. The license grant to User-Generated Content placed in public repositories includes a sub-licensing right that permits third parties to use the content, which has operational significance for developers hosting open-source or proprietary code, and the agreement asserts GitHub's right to modify pricing with 30 days' notice while reserving the right to suspend service for non-payment. The terms engage the California Consumer Privacy Act for California residents, GDPR frameworks for EU/EEA users through GitHub's Privacy Statement, COPPA for users under 13 (who are prohibited from creating accounts), and the Digital Millennium Copyright Act for takedown procedures. Compliance teams should note the agreement's content license scope relative to open-source repository use cases, the unilateral modification rights GitHub reserves, and the governing law clause designating California courts and Northern District of California federal courts as the exclusive venue.

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2 important changes detected

3 versions captured · Last updated: April 2026

April 28, 2026

medium

What changed GitHub added a new section titled 'AI Features, Training, and Your Data' to its Terms of Service on April 28, 2026, establishing specific terms governing GitHub Copilot and other AI features. The new section explicitly addresses how user data may be used for development and improvement of AI and machine learning models, and describes what controls users have over that data. This addition moves AI-related governance from general terms into a dedicated contractual section.

Why this matters GitHub's updated Terms of Service now include an explicit section governing AI features, including Copilot. The new section establishes specific contractual terms for how user data may be collected, used, and retained for developing and improving AI and machine learning models, and identifies what controls are available to users. The practical effect is that AI-related data practices are now consolidated under dedicated contractual language rather than dispersed across general service terms.

View full change record →

April 19, 2026

medium

What changed GitHub substantially revised its Terms of Service on April 19, 2026, with 54 sentences modified, 40 removed, and 4 added across the 332-sentence document. The scale of revision suggests comprehensive updates to core provisions governing acceptable use, intellectual property, liability, dispute resolution, or service availability. Without access to the specific language changes, the operational impact cannot be precisely determined, but the extent of modification indicates material changes to how the service terms are structured, restricted, or enforced.

Why this matters GitHub's Terms of Service update on April 19, 2026 involved substantial revisions across 54 sentences, with 40 sentences removed and 4 added. The extent of change suggests modifications to core service provisions; however, without access to the specific language that was modified, removed, or added, the precise operational implications for users cannot be determined. Users should review the updated Terms directly to understand how the changes affect their usage rights, account obligations, or dispute resolution procedures.

View full change record →

Medium — 7 provisions

User-Generated Content License Grant Compare →

When you post content to a public GitHub repository, you give GitHub and other users a license to view, display, fork, and reproduce that content through the GitHub platform.

Added May 12, 2026 Standard Seen across 178 platforms
Unilateral Terms Modification Compare →

GitHub can change these terms at any time. For significant changes like price increases, you get at least 30 days' notice. For other changes, continuing to use GitHub after the update means you've agreed to the new terms.

Added April 3, 2026 Common Seen across 82 platforms
Account Termination and Suspension Compare →

GitHub can suspend or terminate your account at any time, with or without a reason and without advance notice, though the company states it will make a reasonable effort to notify you.

Added May 8, 2026 Standard Seen across 210 platforms
Payment, Billing, and Pricing Changes Compare →

If you pay for a GitHub plan, GitHub can change the price with at least 30 days' notice by website posting or email. If you keep using the paid service after the new price takes effect, you've agreed to pay the new amount.

Added May 12, 2026 Common Seen across 150 platforms
Limitation of Liability Compare →

GitHub limits its financial liability to you. If you lose data, profits, or experience damages from using the service, GitHub is generally not responsible for those losses.

Added April 3, 2026 Standard Seen across 228 platforms
Governing Law and Exclusive Venue Compare →

Any legal disputes about these terms or your use of GitHub must be resolved under California law, in courts located in San Francisco, California.

Added April 3, 2026 Standard Seen across 187 platforms
User Responsibility for Account Security Compare →

You are fully responsible for keeping your GitHub account secure and for everything that happens under your account, even if someone else posts content using your credentials.

Added April 3, 2026 Standard Seen across 210 platforms

Low — 3 provisions

DMCA Takedown and Counter-Notice Procedure

If someone posts content on GitHub that infringes your copyright, you can submit a DMCA takedown request. GitHub will also terminate accounts of repeat infringers. False takedown notices have legal consequences.

Added May 12, 2026 Rare
Disclaimer of Warranties Compare →

GitHub makes no guarantees that the service will work as expected, be available without interruption, or be free of errors. You use GitHub at your own risk.

Added April 3, 2026 Standard Seen across 228 platforms
Age Restriction and Minor Account Prohibition Compare →

GitHub prohibits users under 13 from creating accounts. If GitHub discovers an account belongs to someone under 13, the account will be terminated immediately.

Added May 10, 2026 Standard Seen across 179 platforms