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
AI and machine learning model training using user Inputs and Outputs is the default; users must take affirmative action via account settings to prevent it.
Interpretive note: The excerpt is truncated after condition '(a)', suggesting at least one additional opt-out condition (e.g., condition (b)) that cannot be confirmed from the available text. The canonical claim reflects only the visible condition.
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 →Your Inputs and Outputs will be used by GitHub and its Affiliates for AI and machine learning model training by default, and you must opt out through account settings to prevent this.
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"You also grant GitHub and its Affiliates a license to collect and use your Inputs and Outputs to develop, train and improve artificial intelligence and machine learning models... unless (a) you opt out through your account settings...Excerpt from GitHub's Terms of Service
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AI and machine learning model training using user Inputs and Outputs is the default; users must take affirmative action via account settings to prevent it.
Your Inputs and Outputs will be used by GitHub and its Affiliates for AI and machine learning model training by default, and you must opt out through account settings to prevent this.
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