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.
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These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI.
Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right... to enforce the Agreement against you as a third party beneficiary thereof.
This Agreement...is the complete and exclusive agreement between the Parties with respect to its subject matter and supersedes any and all prior or contemporaneous agreements, communications and understandings, both written and oral...
"If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect.Excerpt from GitHub's Terms of Service
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The clause states: “If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect.”
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