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.
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 warranty disclaimer means GitHub assumes no contractual obligation to maintain uptime, accuracy, or security of the service, which is a standard but operationally significant clause for users and enterprises relying on GitHub for production workflows.
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 →The disclaimer of warranties means GitHub does not contractually guarantee service availability, security, or accuracy. Users and organizations that depend on GitHub for production-critical operations should maintain independent backup and continuity arrangements since the terms do not guarantee service levels.
How other platforms handle this
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLAID DOES NOT WARRANT THAT THE SERVICES WILL BE ...
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"GitHub provides the Website and the Service 'as is' and 'as available', without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct.— Excerpt from GitHub's GitHub Terms of Service
REGULATORY LANDSCAPE: Warranty disclaimers in consumer contracts may be subject to limitations under the Magnuson-Moss Warranty Act in the U.S. for consumer products, and under the EU Consumer Rights Directive for consumer-facing services in the EU. State law in some jurisdictions may limit the enforceability of implied warranty disclaimers in consumer contracts. The FTC Act may be relevant if service availability representations made in marketing materials conflict with the disclaimer. GOVERNANCE EXPOSURE: Low. As-is and as-available disclaimers are standard in platform terms of service, particularly for free-tier services. Enterprise customers with uptime and security requirements should negotiate separate service level agreements rather than relying on the standard ToS. JURISDICTION FLAGS: EU consumer protection law may limit the enforceability of broad warranty disclaimers in consumer contracts, particularly where the service is provided for consideration. The disclaimer's enforceability for paid plans may be subject to greater scrutiny than for free accounts in some jurisdictions. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should note that the standard ToS contains no uptime guarantee or security warranty. Vendor assessments for enterprise or regulated industry use should include a review of GitHub's published SLA for paid tiers and any enterprise agreement terms that supersede the standard ToS disclaimer. COMPLIANCE CONSIDERATIONS: Organizations in regulated industries (financial services, healthcare) that require contractual security and availability guarantees from software vendors should confirm whether GitHub Enterprise agreements include appropriate warranties before classifying GitHub as a production-critical vendor.
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The warranty disclaimer means GitHub assumes no contractual obligation to maintain uptime, accuracy, or security of the service, which is a standard but operationally significant clause for users and enterprises relying on GitHub for production workflows.
The disclaimer of warranties means GitHub does not contractually guarantee service availability, security, or accuracy. Users and organizations that depend on GitHub for production-critical operations should maintain independent backup and continuity arrangements since the terms do not guarantee service levels.
ConductAtlas has identified this type of provision across 40 platforms. See the full comparison.
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