“You grant GitHub and our Affiliates the right to store, host, archive, parse, display, and make copies of Your Content as necessary to provide, develop, and improve the Service, including by training AI Features...”
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 license explicitly extends to AI Feature training, meaning user-submitted content can be used to develop GitHub's AI capabilities as a condition of using the Service.
The updated terms establish a dedicated section governing AI features, including GitHub Copilot. The new language introduces formal definitions of 'AI Feature', 'Input' (content or context provided to an AI feature, including prompts, attachments, code, and conversation history), and 'Output' (responses and suggestions generated by the AI feature). The terms state that GitHub may use Input data for development and improvement of AI and machine learning models. Users of AI features should review the new section K to understand how their prompts, code, and conversation history may be processed.
View change record →Users are required to grant GitHub broad content rights, including use of that content in AI training, as a condition of using the Service.
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We use data for analysis, research and product development, including training machine learning models. This helps us make our services more convenient and easy to use, enhance the safety and security...
We may also aggregate and/or de-identify your Data and may use such aggregate or de-identified information for any other purposes to the extent permitted under applicable law and not attempt to re-identify the information, unless required by law.
Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities
"You grant GitHub and our Affiliates the right to store, host, archive, parse, display, and make copies of Your Content as necessary to provide, develop, and improve the Service, including by training AI Features...Excerpt from GitHub's Terms of Service
We read the privacy policies and terms of service of 38 AI platforms. Here is what they say about training, retention, arbitration, and liability.
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The license explicitly extends to AI Feature training, meaning user-submitted content can be used to develop GitHub's AI capabilities as a condition of using the Service.
Users are required to grant GitHub broad content rights, including use of that content in AI training, as a condition of using the Service.
ConductAtlas has identified this type of provision across 273 platforms. See the full comparison.
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