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
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 →How other platforms handle this
In assessing misuse, we consider factors such as evidence that a report was motivated by bias or hatred (e.g., based on protected characteristics such as race, sexual orientation, or gender identity) or other malicious intent.
We review account behavior and content that Members create, send, and publish in Mailchimp, including Campaigns and Websites.
We allow Content that names individuals in the highest positions in a company who have broad influence over the work environment, as long as the Content describes the individual's behavior or performance at work.
"We access private repositories only as described in Section E.Excerpt from GitHub's Terms of Service
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The clause states: “We access private repositories only as described in Section E.”
ConductAtlas has identified this type of provision across 141 platforms. See the full comparison.
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