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 license explicitly extends to AI Feature training, meaning user-submitted content can be used to develop GitHub's AI capabilities as a condition of using the Service.
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 change record →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 change record →Users are required to grant GitHub broad content rights, including use of that content in AI training, as a condition of using the Service.
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Where the law allows us to, we may use the content you and other users have posted for training or to help us to improve the way we filter content on our platform.
We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you.
We use your personal information to send you newsletters and other promotional communications, including information about MyFitnessPal's new offerings, features, offers, events, webinars, and other information.
"You 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...Excerpt from GitHub's Terms of Service
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The license explicitly extends to AI Feature training, meaning user-submitted content can be used to develop GitHub's AI capabilities as a condition of using the Service.
Users are required to grant GitHub broad content rights, including use of that content in AI training, as a condition of using the Service.
ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.
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