ScanMyTerms

GitHub Terms of Service: Five Clauses Every Developer Should Read

This page is general information, not legal advice.

The GitHub Terms of Service are a contract between you and GitHub, Inc. They cover personal accounts, organizations, the API and AI features such as Copilot. This page reviews the version with an effective date of April 27, 2026. In that version, five clauses shift cost or risk onto you. For each one, you get the exact wording, why it matters and what to ask for instead. Individual developers can rarely negotiate these terms, so use this page as a checklist. Business and enterprise customers on separate agreements may have different terms.

1. Your code can train AI models, including Microsoft's

You grant GitHub and our Affiliates the right to store, host, archive, parse, display, and make copies of Your Content as necessary to provide, develop, and improve the Service, including by training AI Features, and for the purpose of training, developing, and improving artificial intelligence and machine learning models and technologies of our Affiliates. ... For the avoidance of doubt, use of Your Content to develop, train, and improve artificial intelligence and machine learning models and technologies of GitHub and our Affiliates is within the scope of this license and does not constitute a sale or other restricted transfer of Your Content.

Source: https://docs.github.com/en/site-policy/github-terms/github-terms-of-service, retrieved 2026-10-30.

Why it works against you

You own your code, but this license explicitly covers AI training by GitHub and its Affiliates. The terms state that "Microsoft is an Affiliate of GitHub." The Copilot opt-out in Section J.3 "does not apply to the license granted in Sections D.4-D.8," including "Content stored in public repositories." The terms also say "You will not receive payment for these rights." The license ends when you remove your content, "unless other Users have forked it." GitHub may also assign this license to "any person or entity at any time with or without your consent." See perpetual content licenses explained.

What to ask for instead

Illustrative wording to propose: "Content in a user's repositories will not be used to train AI or machine learning models unless the user opts in. Users can withdraw consent at any time in their account settings."

2. You carry the risk of Copilot output

Output may contain material that resembles code or content in the model's training data or that is subject to third-party copyrights or open source license terms. You are responsible for determining whether your use of Output requires a third-party license and for complying with any such license. ... Your indemnity obligations in Section Q apply to your use of AI Features and Output, including claims arising from Output you incorporate into your products or services.

Source: https://docs.github.com/en/site-policy/github-terms/github-terms-of-service, retrieved 2026-10-30.

Why it works against you

GitHub doesn't claim ownership of Output, but it also doesn't guarantee that Output is "free of errors, vulnerabilities, or intellectual property claims." If a suggestion copies licensed code into your product, you may have to defend GitHub against the claim and pay attorneys' fees. Your prompts and code context also count as Input. Unless you opt out, GitHub may use them for training, and that includes private repository content you send to an AI feature. See indemnification clauses explained.

What to ask for instead

Illustrative wording to propose: "GitHub will defend users against third-party intellectual property claims based on unmodified Output used as intended, and user indemnity obligations will not apply to such claims."

3. Termination with or without cause

GitHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub reserves the right to refuse service to anyone for any reason at any time.

Source: https://docs.github.com/en/site-policy/github-terms/github-terms-of-service, retrieved 2026-10-30.

Why it works against you

Your repositories, CI pipelines, packages and portfolio can disappear without warning. After cancellation or termination, GitHub says it will delete your profile and repository content "within 90 days," and that the information "cannot be recovered." You can request a copy, but only within 90 days, and GitHub promises only a "reasonable effort." The limitation of liability section also excludes damages caused by a "suspension or discontinuance of the Service." Keep your own backups. See termination for convenience clauses explained.

What to ask for instead

Illustrative wording to propose: "Except for legal or urgent security reasons, GitHub will give written notice and at least 30 days to export repository content before terminating an account without cause."

4. No refunds, no exceptions

For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

Source: https://docs.github.com/en/site-policy/github-terms/github-terms-of-service, retrieved 2026-10-30.

Why it works against you

If you pay yearly and stop needing the plan, you can't get the rest of your money back. Downgrading can also mean you "may lose access to Content, features, or capacity." Prices are "subject to change at the end of a payment term." Usage-based features are billed afterward, so costs can grow if you don't watch them. Consumer protection rules vary by jurisdiction, so local law may give you more rights. See automatic price increase clauses explained.

What to ask for instead

Illustrative wording to propose: "If GitHub terminates an account without cause or materially reduces paid features, the user will receive a pro-rated refund for the unused prepaid period."

5. Changes accepted by continued use

We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

Source: https://docs.github.com/en/site-policy/github-terms/github-terms-of-service, retrieved 2026-10-30.

Why it works against you

Thirty days' notice is better than many platforms give, but a website notice is enough, so you may never see it. GitHub decides which changes count as material, and other changes take effect with no notice. Amendments are made "at our sole discretion." The Agreement also includes policies GitHub "may publish from time to time," so a change to those affects you too. GitHub can also "modify or discontinue" the Website "with or without notice."

What to ask for instead

Illustrative wording to propose: "All changes to the Agreement, including referenced policies, will be emailed to the account's primary address with a summary at least 30 days before taking effect."

Also worth a look

GitHub excludes liability for lost profits, data and indirect damages arising from "any other matter relating to the Service" (Source: https://docs.github.com/en/site-policy/github-terms/github-terms-of-service, retrieved 2026-10-30). See limitation of liability clauses explained. If you have a dispute with other users, you agree to release GitHub from related claims. Disputes go to the courts in San Francisco under federal and California law, "Except to the extent applicable law provides otherwise." See governing law and jurisdiction clauses explained. Whether these limits apply to you is a question for a qualified lawyer in your jurisdiction.

Scan your own document free

GitHub's Additional Product Terms, Marketplace agreements and client contracts add their own clauses. Upload a PDF, DOCX, TXT or MD file, or take a photo of the document, and use the ScanMyTerms Terms of Service checker. In about a minute, it lists clauses that work against you with a risk level, the exact wording, why it hurts and how to change it. The free preview needs no sign-up and shows the risk count and the first two findings. The full report is $5. ScanMyTerms does not use your documents to train AI models, and reports are deleted after 7 days.

This page is general information, not legal advice.

Sources

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