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.
View change record →How other platforms handle this
You shall cooperate with us in the defense of any Claim.
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
You agree to promptly notify the Workday Parties of any Claims, cooperate with the Workday Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims...
"You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service...Excerpt from GitHub's Terms of Service
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
The clause states: “You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service...”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.