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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.
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 →How other platforms handle this
it shall be adjudicated exclusively by the state and federal courts located in San Francisco County, California.
Any dispute not subject to arbitration and not initiated in small claims court may be brought by either party in a court of competent jurisdiction in either the Superior Courts for the State of California...or in the United States District Court for the Northern District of California.
The Parties will initiate any lawsuits in connection with this Agreement in Toronto, Ontario, Canada, and irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein.
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"You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.Excerpt from GitHub's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The clause states: “You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.”
ConductAtlas has identified this type of provision across 272 platforms. See the full comparison.
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