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 clause determines the legal framework applicable to the agreement and establishes San Francisco as the sole forum for dispute resolution, which affects where and under what law any legal proceedings must occur.
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 must resolve disputes through San Francisco courts under U.S. federal and California law. This establishes a specific geographic venue and legal jurisdiction that applies to all claims arising from the service agreement.
How other platforms handle this
All claims arising out of or relating to these terms or the Service will be governed by California law, except California's conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. You and YouTube consent to personal jurisdictio...
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisd...
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and StockX agree to submit to the personal and exclusive jurisdiction ...
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"Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. 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 GitHub Terms of Service
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This clause determines the legal framework applicable to the agreement and establishes San Francisco as the sole forum for dispute resolution, which affects where and under what law any legal proceedings must occur.
Users must resolve disputes through San Francisco courts under U.S. federal and California law. This establishes a specific geographic venue and legal jurisdiction that applies to all claims arising from the service agreement.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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