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 carve-out limits the reach of the license by preventing user data from flowing to external AI providers for their independent training pipelines, which would be outside GitHub's control.
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 cannot be shared by GitHub or its Affiliates with third-party AI model providers for those providers' own independent model training.
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Protect us, our business, our users, and others, for example to enforce our terms of service, prevent spam or other unwanted communications, and investigate or protect against fraud
we may use, retain or share information with law enforcement or others in circumstances where a person's vital interests require protection, such as in the case of emergencies.
"This license does not, however, permit GitHub or its Affiliates to share your Inputs or Outputs with third-party AI model providers for their own independent model training purposes.Excerpt from GitHub's Terms of Service
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This carve-out limits the reach of the license by preventing user data from flowing to external AI providers for their independent training pipelines, which would be outside GitHub's control.
Your Inputs and Outputs cannot be shared by GitHub or its Affiliates with third-party AI model providers for those providers' own independent model training.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.