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 indemnification clause allocates to users the financial and legal responsibility for defending GitHub against third-party claims related to user conduct. This shifts the cost of potential litigation and settlements from GitHub to users, subject to procedural safeguards requiring notice and user control over the defense.
Interpretive note: Enforceability of broad consumer indemnification clauses varies by jurisdiction; EU and some US state courts have limited similar provisions in consumer contracts.
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 →Users assume the obligation to pay for GitHub's legal defense and any resulting damages or settlements in disputes arising from their use of the service or agreement violations. This obligation applies to attorneys' fees and related expenses, though users retain control over how claims are defended and settled.
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"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, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (3) provides to you all reasonable assistance, at your expense.— Excerpt from GitHub's GitHub Terms of Service
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The indemnification clause allocates to users the financial and legal responsibility for defending GitHub against third-party claims related to user conduct. This shifts the cost of potential litigation and settlements from GitHub to users, subject to procedural safeguards requiring notice and user control over the defense.
Users assume the obligation to pay for GitHub's legal defense and any resulting damages or settlements in disputes arising from their use of the service or agreement violations. This obligation applies to attorneys' fees and related expenses, though users retain control over how claims are defended and settled.
ConductAtlas has identified this type of provision across 86 platforms. See the full comparison.
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