GitHub limits its financial liability to you. If you lose data, profits, or experience damages from using the service, GitHub is generally not responsible for those losses.
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
The limitation of liability clause restricts users' ability to recover indirect, consequential, or incidental damages from GitHub, including loss of data or profits, even in cases of service failure or unauthorized access to user data.
Interpretive note: Enforceability of the limitation of liability for data breaches and unauthorized access may vary by jurisdiction, particularly in EU/EEA consumer contexts and under GDPR.
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 →Severity downgraded from high to medium; previous version had no excerpt, current version includes detailed limitation of liability language excluding damages from service disruption and user content.
View full change record →Users cannot recover lost profits, data, or goodwill from GitHub under this clause, even if service disruption or unauthorized data access causes those losses. This provision is operationally significant for businesses that host production-critical code or workflows on GitHub.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: the use, disclosure, or display of your User-Generated Content; your use or inability to use the Service; any modification, price change, suspension or discontinuance of the Service; the Service generally or the software or systems that make the Service available; unauthorized access to or alterations of your transmissions or data; statements or conduct of any third party on the Service; any other user interactions that you input or receive through your use of the Service; or any other matter relating to the Service.Excerpt from GitHub's Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may face enforceability challenges under EU consumer protection law, including the Unfair Contract Terms Directive, which may render clauses excluding liability for negligence or breach of …
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The limitation of liability clause restricts users' ability to recover indirect, consequential, or incidental damages from GitHub, including loss of data or profits, even in cases of service failure or unauthorized access to user data.
Users cannot recover lost profits, data, or goodwill from GitHub under this clause, even if service disruption or unauthorized data access causes those losses. This provision is operationally significant for businesses that host production-critical code or workflows on GitHub.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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