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
This provision establishes the baseline operational scope of GitHub's obligations by limiting warranty liability to stated terms only. It defines the service delivery model as excluding guarantees about performance characteristics, security, accuracy, reliability, and uptime, thereby allocating risk regarding service functionality to users.
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.
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SECTION 18 OF THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. STABILITY AI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STABILITY AI MAKE...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CLOUDFLARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEA...
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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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This provision establishes the baseline operational scope of GitHub's obligations by limiting warranty liability to stated terms only. It defines the service delivery model as excluding guarantees about performance characteristics, security, accuracy, reliability, and uptime, thereby allocating risk regarding service functionality to users.
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.
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