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
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.
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You may not transfer any of your rights or obligations under these Terms without our consent.
We require these service providers to contractually commit to security and confidentiality obligations for the Personal Data they process on our behalf.
Such Beta Services and all associated conversations and materials relating thereto will be considered Shopify Confidential Information and subject to the confidentiality provisions in this agreement.
"You agree that any non-public Beta Preview information we give you... will be considered GitHub's confidential information... You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview...Excerpt from GitHub's Terms of Service
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The clause states: “You agree that any non-public Beta Preview information we give you... will be considered GitHub's confidential information... You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview...”
ConductAtlas has identified this type of provision across 298 platforms. See the full comparison.
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