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
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 →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 →How other platforms handle this
You agree that your Tinder account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law.
If acquired by any agency of the U.S. Government, such agency acknowledges that... such agency's rights are limited to those specifically granted under these Terms.
Datadog may assign, transfer or sublicense all or any of Datadog's rights or obligations under these Terms without restriction.
"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
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
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.”
ConductAtlas has identified this type of provision across 297 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.