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
If you believe we have taken action against your content or account in a way that does not comply with these Terms, you have the right to bring a claim for breach of contract under UK law.
If acquired by any agency of the U.S. Government, such agency acknowledges that... such agency's rights are limited to those specifically granted under these Terms.
These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company.
"If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this Government Amendment to GitHub Terms of Service applies to you...Excerpt from GitHub's Terms of Service
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The clause states: “If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this Government Amendment to GitHub Terms of Service applies to you...”
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
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