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.
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 →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 GitHub 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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