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 exclusion covers a wide range of harm categories and applies to third parties as well as users, substantially limiting recourse for significant losses connected to GitHub's service.
Interpretive note: The excerpt is truncated ('however arising...') and may contain additional conditions or qualifications not visible in the provided text. Confidence remains high for the proposition stated, but the full scope of the clause cannot be confirmed.
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 →Users and third parties cannot hold GitHub liable for lost profits, lost data, loss of goodwill, or indirect, incidental, special, consequential, or exemplary damages of any kind.
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"We will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising...— Excerpt from GitHub's GitHub Terms of Service
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The exclusion covers a wide range of harm categories and applies to third parties as well as users, substantially limiting recourse for significant losses connected to GitHub's service.
Users and third parties cannot hold GitHub liable for lost profits, lost data, loss of goodwill, or indirect, incidental, special, consequential, or exemplary damages of any kind.
ConductAtlas has identified this type of provision across 288 platforms. See the full comparison.
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