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
no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported...to any territory...to which such Materials could not be transferred directly from the United States
You are not listed on any U.S. Government list of prohibited or restricted parties.
you will not access or use our Services in any manner that would cause us or you to violate any U.S. or international embargoes, economic sanctions, or export controls laws or regulations.
"You may not use GitHub if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions...Excerpt from GitHub's Terms of Service
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The clause states: “You may not use GitHub if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions...”
ConductAtlas has identified this type of provision across 182 platforms. See the full comparison.
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