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 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.
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Optimization Services are provided as a Beta Service under these Terms, and It is Customer's responsibility to evaluate whether suggestions provided as part of the Optimization Services are appropriate for Customer's use case.
"You agree that any non-public Beta Preview information we give you... will be considered GitHub's confidential information... You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview...Excerpt from GitHub's Terms of Service
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The clause states: “You agree that any non-public Beta Preview information we give you... will be considered GitHub's confidential information... You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview...”
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