Provision record
GitHub · GitHub Terms of Service · View original document ↗

Indemnity Conditioned on GitHub Notice and Control

Medium severity Explicitdocumentlanguage Common · 233 of 352 platforms
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Recent governance activity GitHub recorded 6 documented changes in the last 30 days.
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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

Recent Activity

This document changed recently

Medium Apr 28, 2026

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 →
Medium Apr 19, 2026

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 →

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 10, 2026
First Seen
Jul 10, 2026
Last Seen
This clause type exists across 997 other provisions on other platforms.

How other platforms handle this

Runway Medium

This provision does not require you to indemnify any of the Company Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation...

Writer Medium

We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.

Asana Medium

WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

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Monitoring

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▸ View Original Clause Language DOCUMENT RECORD
"
GitHub (1) promptly gives you written notice of the claim... (2) gives you sole control of the defense and settlement of the claim... (3) provides to you all reasonable assistance, at your expense.

Excerpt from GitHub's Terms of Service

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
GitHub Terms of Service
Entity
GitHub
Document last updated
May 5, 2026
Tracking information
First tracked
May 10, 2026
Last verified
May 12, 2026
Record ID
CA-P-036493
Document ID
CA-D-00253
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
610460507af6f60333f6195921a4e0d9629d1fea528d1220cda7340159b5b46b
Analysis generated
May 10, 2026 17:12 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Terms of Service
Record ID: CA-P-036493
Captured: 2026-05-10 17:12:21 UTC
SHA-256: 610460507af6f603…
URL: https://conductatlas.com/platform/github/github-terms-of-service/provision/CA-P-036493/indemnity-conditioned-on-github-notice-and-control/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

Other risks in this policy

Governance intelligence across arbitration, AI governance, data rights, indemnification, and retention

Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.

Frequently Asked Questions

What does GitHub's Indemnity Conditioned on GitHub Notice and Control clause do?

The clause states: “GitHub (1) promptly gives you written notice of the claim... (2) gives you sole control of the defense and settlement of the claim... (3) provides to you all reasonable assistance, at your expense.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 233 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.