“By using automated means to access... any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model... you hereby waive any and all policies, terms, conditions...”
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 waiver strips commercial AI scrapers of any policy-based or contractual protections they might otherwise invoke to justify their automated access.
Interpretive note: The excerpt is truncated ('policies, terms, conditions...' without showing the full object of the waiver), so the precise scope of what is waived cannot be fully confirmed from the available text. Confidence is medium for that reason.
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 →Any user engaging in automated scraping of public GitHub content for commercial AI development forfeits all contractual and policy-based protections against GitHub's enforcement.
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"By using automated means to access... any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model... you hereby waive any and all policies, terms, conditions...Excerpt from GitHub's Terms of Service
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The waiver strips commercial AI scrapers of any policy-based or contractual protections they might otherwise invoke to justify their automated access.
Any user engaging in automated scraping of public GitHub content for commercial AI development forfeits all contractual and policy-based protections against GitHub's enforcement.
ConductAtlas has identified this type of provision across 211 platforms. See the full comparison.
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