“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...”
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.
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 →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 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 281 platforms. See the full comparison.
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