What are the institutional and regulatory implications of this document?

This agreement engages GDPR and CCPA privacy frameworks through its data handling and content licensing provisions, and compliance teams should note the liability cap (12 months of fees) which may be insufficient for enterprise risk exposure. The class action waiver and California-exclusive venue clause create litigation risk considerations for institutional buyers and legal teams contracting at scale. Due diligence should include review of GitHub's Data Protection Agreement (DPA) for enterpris…

How does GitHub's GitHub Terms of Service affect users?

GitHub users grant the platform a broad license to reproduce and display their publicly posted content, and accept significant limitations on GitHub's liability — including a cap of 12 months of fees paid in damages. GitHub reserves the right to suspend or terminate accounts for policy violations, with or without notice in some cases, which could disrupt access to critical code repositories. You can export and back up your repositories at any time through GitHub's data export tools at https://g…

How often is GitHub's GitHub Terms of Service updated?

ConductAtlas monitors this document daily and captures every version with cryptographic hashing and timestamp verification. Update frequency varies — see the change timeline on this page for complete version history.

Can I get alerted when GitHub updates this document?

Yes. Watcher subscribers ($9.99/month) can add GitHub to their watchlist and receive same-day email alerts whenever this document or any other GitHub document changes.

GitHub Terms of Service — GitHub

10 Total

2 High severity

8 Medium severity

0 Low severity

Summary

These are the rules you agree to when you use GitHub, the popular platform for storing and sharing code. They cover what you can and can't do on the platform, who owns your content, and what happens if there's a disagreement between you and GitHub. The most important things to know are that GitHub can suspend or cancel your account, limits how much you can sue them for, and retains a license to use your publicly posted content.

Technical Summary

The GitHub Terms of Service governs the contractual relationship between GitHub, Inc. (a Microsoft subsidiary) and individual users of the GitHub platform, covering account creation and responsibilities, acceptable use, content ownership and licensing, payment terms, service modifications, and dispute resolution. Key obligations include users maintaining accurate account information, compliance with GitHub's Acceptable Use Policies, and granting GitHub a limited license to display and distribute user-submitted content. Notable provisions include GitHub's right to terminate or suspend accounts, a limitation of liability capping damages at 12 months of fees paid, a class action waiver for California users, and GitHub's reservation of rights to modify the service or terms with 30-day notice. The agreement is governed by California law and designates the Northern District of California as the exclusive venue for disputes.

Evidence Provenance

Captured April 28, 2026 06:21 UTC

Document ID CA-D-000253

Version ID CA-V-000986

Source URL https://docs.github.com/en/site-policy/github-terms/github-terms-of-service

Wayback Machine View archived versions →

SHA-256 84ac345720d21eb8ce6f6cbf8dfd1c846d983cbcba8f909f069557a2366c676f

✓ Snapshot stored ✓ Text extracted ✓ Change verified ✓ Cryptographically signed

Institutional Analysis

🔒 Institutional analysis locked

Regulatory exposure by statute, material risk assessment, vendor due diligence action items, and enforcement precedent. Available on Professional.

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Change Timeline

April 28, 2026 — Document updated high

GitHub added a new section to their Terms of Service specifically about AI features like GitHub Copilot, explaining how your data may be used to develop and improve their AI and machine learning models. Previously, this topic was not addressed in a dedicated section of the terms. This matters because it signals that GitHub is formalizing how they handle your code and data in relation to AI training, and users should review the new section to understand their rights and any available controls.

36 added · 58 modified
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March 19, 2026 — Initial capture

Initial snapshot — monitoring begins

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Analyzed Changes

1 change analyzed since monitoring began.

Updated April 28, 2026

high

What changed GitHub updated their GitHub Terms of Service on April 28, 2026. Change detected: 36 sentence(s) added, 58 sentence(s) modified. Document contained 368 sentences after update.

Consumer impact GitHub has added a formal section to its Terms of Service that governs how GitHub Copilot and other AI features may use your data — including code — to develop and improve AI and machine learning models. This means GitHub is explicitly reserving the right to use your data for AI training purposes, which was not previously called out in a standalone terms section. You can review the new 'AI Features, Training, and Your Data' section in GitHub's Terms of Service and check your account settings for any opt-out or data control options related to AI training.

Why it matters GitHub is now explicitly stating in its terms that your code and data can be used to train AI models like Copilot, which was not previously a standalone commitment. Users and organizations need to understand what controls exist and whether their data governance obligations require updates.

Recent Clause-Level Changes Apr 28, 2026

10 provisions unchanged.

View full change record →

High Severity — 2 provisions

Limitation of Liability

GitHub limits the amount you can recover from them in a lawsuit to the total fees you paid in the 12 months before the incident — or $100 if you used the free service.

Added March 20, 2026
Account Suspension and Termination

GitHub can suspend or permanently terminate your account at any time, including immediately and without advance notice, if they believe you have violated the terms.

Added March 20, 2026

Medium Severity — 8 provisions

Content License Grant to GitHub

When you post content publicly on GitHub, you give GitHub a license to store, display, and distribute that content — including to other users and through GitHub's services.

Added March 20, 2026
Unilateral Terms Modification

GitHub can change these terms at any time and will generally give 30 days notice for material changes, but continued use of the service after changes take effect means you accept the new terms.

Added March 20, 2026
Payment and Billing Terms

Paid GitHub plans are billed in advance on a monthly or annual basis, and fees are non-refundable except where required by law — if you upgrade or downgrade, changes may take effect at your next billing cycle.

Added March 20, 2026
Governing Law and Exclusive Venue

All disputes with GitHub are governed by California law and must be brought in the courts of the Northern District of California — regardless of where in the world you are located.

Added March 20, 2026
User Responsibility for Account Security

You are responsible for keeping your account password secure and for all activity that occurs under your account, even if someone else accesses it without your permission.

Added March 20, 2026
DMCA and Intellectual Property Takedowns

GitHub will respond to valid DMCA copyright takedown notices by removing or disabling access to infringing content, and repeat infringers may have their accounts terminated.

Added March 20, 2026
Disclaimer of Warranties

GitHub provides its services 'as is' and 'as available' with no guarantees about uptime, reliability, or fitness for a particular purpose — you use the service at your own risk.

Added March 20, 2026
Minors and Age Requirements

GitHub requires users to be at least 13 years old, and users between 13 and the age of majority in their jurisdiction must have parental or guardian consent to use the service.

Added March 20, 2026