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.
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Charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia's cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.
"If User fails to pay any fees on time, GitHub reserves the right... to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery...Excerpt from GitHub's Terms of Service
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The clause states: “If User fails to pay any fees on time, GitHub reserves the right... to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery...”
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