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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"Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.Excerpt from GitHub's Terms of Service
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The clause states: “Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.”
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