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 establishes the legal framework under which the agreement is interpreted and enforced, and designates the specific courts responsible for adjudicating disputes. It prevents parties from pursuing claims in other jurisdictions or under other governing law principles.
Interpretive note: The enforceability of the California exclusive venue clause against non-US consumers depends on applicable mandatory consumer protection law in the user's jurisdiction, which may override this contractual choice.
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 bring any legal claims in San Francisco courts under California and federal law, regardless of their location or the location where a dispute arises. This provision determines which substantive law applies to the agreement and which courts have authority to hear disputes.
How other platforms handle this
These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the Dispute Resolution section, the exclusive jurisdiction for all Disputes (as defined below) that you an...
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco County, Californ...
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
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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 establishes the legal framework under which the agreement is interpreted and enforced, and designates the specific courts responsible for adjudicating disputes. It prevents parties from pursuing claims in other jurisdictions or under other governing law principles.
Users must bring any legal claims in San Francisco courts under California and federal law, regardless of their location or the location where a dispute arises. This provision determines which substantive law applies to the agreement and which courts have authority to hear disputes.
ConductAtlas has identified this type of provision across 12 platforms. See the full comparison.
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