From d441d9364a21bdc224a71a3b92d1bc88ae85558b Mon Sep 17 00:00:00 2001 From: site-policy-bot <78450742+site-policy-bot@users.noreply.github.com> Date: Wed, 25 Mar 2026 11:57:04 -0700 Subject: [PATCH 1/2] updates for using data for training --- ...thub-private-information-removal-policy.md | 2 +- ...ide-to-submitting-a-dmca-counter-notice.md | 2 +- ...de-to-submitting-a-dmca-takedown-notice.md | 2 +- .../github-marketplace-terms-of-service.md | 4 +- .../github-pre-release-license-terms.md | 12 +- ...ms-for-additional-products-and-features.md | 21 +-- .../github-terms/github-terms-of-service.md | 149 ++++++++++++------ .../github-general-privacy-statement.md | 29 ++-- 8 files changed, 124 insertions(+), 97 deletions(-) diff --git a/Policies/content-removal-policies/github-private-information-removal-policy.md b/Policies/content-removal-policies/github-private-information-removal-policy.md index 4602b92a..bc9f5c97 100644 --- a/Policies/content-removal-policies/github-private-information-removal-policy.md +++ b/Policies/content-removal-policies/github-private-information-removal-policy.md @@ -8,7 +8,7 @@ versions: fpt: '*' --- -We offer this private information removal process as an exceptional service only for high-risk content that violates [GitHub's Terms of Service](/site-policy/acceptable-use-policies/github-acceptable-use-policies#3-conduct-restrictions), such as when your security is at risk from exposed access credentials. This guide describes the information GitHub needs from you in order to process a request to remove private information from a repository. +We offer this private information removal process as an exceptional service only for high-risk content that violates [GitHub's Terms of Service](/site-policy/acceptable-use-policies/github-acceptable-use-policies), such as when your security is at risk from exposed access credentials. This guide describes the information GitHub needs from you in order to process a request to remove private information from a repository. ## What is Private Information? diff --git a/Policies/content-removal-policies/guide-to-submitting-a-dmca-counter-notice.md b/Policies/content-removal-policies/guide-to-submitting-a-dmca-counter-notice.md index 8ac3f377..4ad99dab 100644 --- a/Policies/content-removal-policies/guide-to-submitting-a-dmca-counter-notice.md +++ b/Policies/content-removal-policies/guide-to-submitting-a-dmca-counter-notice.md @@ -38,7 +38,7 @@ These are just a few examples of the complexities of copyright law. Since there We require you to fill out all fields of a counter notice completely, because a counter notice is a legal statement — not just to us, but to the complaining party. As we mentioned above, if the complaining party wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain you from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued (and you consent to that in the counter notice). ***Your Counter Notice Will Be Published.*** -As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#d-transparency), **after redacting personal information,** we publish all complete and actionable counter notices at . Please also note that, although we will only publicly publish redacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it. If you are concerned about your privacy, you may have a lawyer or other legal representative file the counter notice on your behalf. +As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#e-transparency), **after redacting personal information,** we publish all complete and actionable counter notices at . Please also note that, although we will only publicly publish redacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it. If you are concerned about your privacy, you may have a lawyer or other legal representative file the counter notice on your behalf. ***GitHub Isn't The Judge.*** GitHub exercises little discretion in this process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury. diff --git a/Policies/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice.md b/Policies/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice.md index 02815113..34b598d3 100644 --- a/Policies/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice.md +++ b/Policies/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice.md @@ -43,7 +43,7 @@ This list isn't exhaustive, which is why speaking to a legal professional about ***You May Receive a Counter Notice.*** Any user affected by your takedown notice may decide to submit a [counter notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). If they do, we will re-enable their content within 10-14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on GitHub. -***Your Complaint Will Be Published.*** As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#d-transparency), after redacting personal information, we publish all complete and actionable takedown notices at . +***Your Complaint Will Be Published.*** As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#e-transparency), after redacting personal information, we publish all complete and actionable takedown notices at . ***GitHub Isn't The Judge.*** GitHub exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury. diff --git a/Policies/github-terms/github-marketplace-terms-of-service.md b/Policies/github-terms/github-marketplace-terms-of-service.md index 75a2092e..039f2cac 100644 --- a/Policies/github-terms/github-marketplace-terms-of-service.md +++ b/Policies/github-terms/github-marketplace-terms-of-service.md @@ -11,7 +11,7 @@ Welcome to GitHub Marketplace ("Marketplace")! We're happy you're here. Please r By using Marketplace, you are agreeing to be bound by these Marketplace Terms. -Effective Date: August 1, 2024 +Effective Date: April 24, 2026 ## A. GitHub.com's Terms of Service @@ -33,7 +33,7 @@ We are not a party to the agreement between you and the Product Provider with re ## D. Payment, Billing Schedule, and Cancellation -All payments for Developer Products will go through GitHub. The terms of your payment and fees will be governed by [Section K. Payment](/site-policy/github-terms/github-terms-of-service#k-payment), or the analogous section of your applicable GitHub Terms. By using the Marketplace, you agree to pay GitHub any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and GitHub, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information. +All payments for Developer Products will go through GitHub. The terms of your payment and fees will be governed by [Section L. Payment](/site-policy/github-terms/github-terms-of-service#l-payment), or the analogous section of your applicable GitHub Terms. By using the Marketplace, you agree to pay GitHub any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and GitHub, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information. **Billing Schedule; No Refunds.** Your payment schedule is determined by the payment schedule you chose when you created your GitHub account (e.g. free, monthly, annual). For monthly or yearly payment plans, Marketplace purchases are billed in advance on a monthly or yearly basis respectively and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused; however, the service will remain active for the length of the paid billing period. If you would like to cancel the Developer Product services, you can do so by going into your Settings in the global navigation bar at the top of the screen. diff --git a/Policies/github-terms/github-pre-release-license-terms.md b/Policies/github-terms/github-pre-release-license-terms.md index 13d0f974..b42da1ff 100644 --- a/Policies/github-terms/github-pre-release-license-terms.md +++ b/Policies/github-terms/github-pre-release-license-terms.md @@ -51,11 +51,9 @@ These terms apply to the pre-release software made available to you by GitHub. T ## 4. Data Collection and Usage. - a. **Processing of Personal Data.** By default, GitHub is the data controller in relation to the Personal Data processed in connection with the pre-release software and follows the terms below. As the pre-release software is developed, it may reach a stage where data is handled the same as it will when the software becomes generally available. Pre-release software that has progressed to that stage of development is listed at [https://gh.io/dpa-previews](https://gh.io/dpa-previews). At that point, the customer becomes the data controller and the software is governed by the terms of the GitHub Data Protection Agreement instead of this Section 4. + a. **Consent to Data Collection.** The pre-release software may collect telemetry information about you and your use of the software, and send that information to GitHub. Subject to the limitations in Section 4(b) below, GitHub may use this information to provide services, to improve our products and services, or for any other purpose permitted under the GitHub Data Protection Agreement or GitHub Privacy Statement. Your use of the pre-release software operates as your consent to these practices. - b. **Consent to Data Collection.** The pre-release software may collect telemetry information about you and your use of the software, and send that information to GitHub. Subject to the limitations in Section 4(c) below, GitHub may use this information to provide services, to improve our products and services, or for any other purpose permitted under the GitHub Data Protection Agreement or GitHub Privacy Statement. Your use of the pre-release software operates as your consent to these practices. - - c. **Use of Collected Data.** + b. **Use of Collected Data.** * GitHub will use collected data for analytics and measurement to understand how our pre-release software and related products are used. * The software will collect data and usage information about events generated when interacting with it. These events help us analyze and measure performance and features used. This usage information is used by GitHub and may be shared with affiliates and other third parties to help deliver, develop, evaluate, and improve the software and related products. * We analyze data to ensure the pre-release software is working as intended, to evaluate the safety, reliability, and user experience of the software, and to investigate and detect potential abuse. @@ -63,7 +61,9 @@ These terms apply to the pre-release software made available to you by GitHub. T * For pre-release software that uses AI: * You retain ownership of the code that you input to the software. * GitHub does not own the output sent to you by the software. - * GitHub will not use your inputs or the outputs generated to train AI language models, unless you have instructed us in writing to do so. + * GitHub will not use Copilot Business or Copilot Enterprise Inputs or the Outputs generated to train AI language models, unless you have instructed us in writing to do so. + + c. **Processing of Personal Data.** GitHub is the data controller in relation to the Personal Data processed in connection with the pre-release software. d. **Data Collection by You.** There may be some features in the pre-release software that enable you and GitHub to collect data from users of your applications. If you use these features, you must comply with all applicable laws on data collection, including providing appropriate notices to users of your applications as well as a copy of GitHub’s Privacy Statement. You can learn more about data collection and use in the software documentation. @@ -117,4 +117,4 @@ You bear the sole risk of using the pre-release software. ## 15. Nature of Terms for Microsoft Customers. - If you license GitHub through Microsoft and your agreement with Microsoft does not already provide for the inclusion of these terms, these terms shall be considered an amendment to the Microsoft Product Terms for GitHub Offerings for the duration of your use of the pre-release software. + If you license GitHub through Microsoft, these terms shall be considered an amendment to the Microsoft Product Terms for GitHub Offerings for the duration of your use of the pre-release software. diff --git a/Policies/github-terms/github-terms-for-additional-products-and-features.md b/Policies/github-terms/github-terms-for-additional-products-and-features.md index 5ab7a5d9..be19c151 100644 --- a/Policies/github-terms/github-terms-for-additional-products-and-features.md +++ b/Policies/github-terms/github-terms-for-additional-products-and-features.md @@ -11,7 +11,7 @@ versions: fpt: '*' --- -Version Effective Date: April 1, 2025 +Version Effective Date: April 24, 2026 When you use GitHub, you may be given access to lots of additional products and features ("Additional Products and Features"). Because many of the Additional Products and Features offer different functionality, your Agreement with us (the "Agreement") includes the specific terms for that product or feature combined with your main agreement — the GitHub Terms of Service or GitHub Customer Agreement, or the GitHub Corporate Terms of Service or other legacy GitHub contract, or a Microsoft volume licensing agreement. Below, we've listed those products and features, along with the corresponding additional terms that apply to your use of them. @@ -86,7 +86,7 @@ In order to prevent violations of these limitations and abuse of GitHub Codespac Codespaces allows you to load extensions from the Microsoft Visual Studio Marketplace (“Marketplace Extensions”) for use in your development environment, for example, to process the programming languages that your code is written in. Marketplace Extensions are licensed under their own separate terms of use as noted in the Visual Studio Marketplace, and the terms of use located at https://aka.ms/vsmarketplace-ToU. GitHub makes no warranties of any kind in relation to Marketplace Extensions and is not liable for actions of third-party authors of Marketplace Extensions that are granted access to Your Content. Codespaces also allows you to load software into your environment through devcontainer features. Such software is provided under the separate terms of use accompanying it. Your use of any third-party applications is at your sole risk. -The generally available version of Codespaces is not currently available for U.S. government customers. U.S. government customers may continue to use the Codespaces Beta Preview under separate terms. See [Beta Preview terms](/site-policy/github-terms/github-terms-of-service#j-beta-previews). +The generally available version of Codespaces is not currently available for U.S. government customers. U.S. government customers may continue to use the Codespaces Beta Preview under separate terms. See [Beta Preview terms](/site-policy/github-terms/github-terms-of-service#k-beta-previews). ## Competitive Benchmarking @@ -100,22 +100,7 @@ With GitHub Connect, you can share certain features and data between your GitHub For GitHub Copilot Business and Copilot Enterprise license holders, your use of GitHub Copilot is governed by the [GitHub Copilot Product Specific Terms](https://github.com/customer-terms/github-copilot-product-specific-terms). -For other GitHub Copilot license holders, your use of GitHub Copilot is governed by the following terms: -To use GitHub Copilot in your code editor, you need to install the GitHub Copilot extension to that editor. To use GitHub Copilot in the CLI (Command Line Interface), you need to install the GitHub Copilot CLI extension. To use GitHub Copilot Chat on GitHub Mobile, you need to install the GitHub Mobile application. To use GitHub Copilot on the GitHub.com, you must access the website. - -If you customize GitHub Copilot, to include using a GitHub Copilot Extension (Extension), your use may be subject to the terms of use and privacy policy applicable to the customization. - -The code you write using GitHub Copilot is not “Content” under the Agreement until you upload it to GitHub.com. The code, functions, and other output returned to you by GitHub Copilot are called “**Suggestions**.” GitHub does not own Suggestions. You retain ownership of Your Code and you retain responsibility for Suggestions you include in Your Code. It is entirely your decision whether to use Suggestions generated by GitHub Copilot. If you use Suggestions, GitHub strongly recommends that you have reasonable policies and practices in place designed to prevent the use of a Suggestion in a way that may violate the rights of others. - -_Acceptable Use_ - -Your use of GitHub Copilot is subject to the GitHub [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies). For example, you may not prompt GitHub Copilot with content that is unlawful or otherwise prohibited by the GitHub Acceptable Use Policies on GitHub.com. If you choose to "Allow" Copilot to provide [Suggestions matching public code](/enterprise-cloud@latest/copilot/using-github-copilot/finding-public-code-that-matches-github-copilot-suggestions?tool=vscode), you must comply with cited licenses. - -_Data_ - -GitHub Copilot (i) may collect and process data based on your settings and the specific GitHub Copilot Service you use - this may include Prompts, Suggestions, and code snippets, and (ii) will collect additional usage information through the GitHub Copilot Service you use tied to your Account - this may include Service Usage Information, Website Usage Data, and Feedback Data. Upon your instructions, we may share this data with third-party applications such as those on the [GitHub Marketplace](https://github.com/marketplace) or third-party AI models of your choosing. This may include personal data, as referenced in the [GitHub Privacy Statement](/site-policy/privacy-policies/github-privacy-statement). You can learn more about the collection and use of GitHub Copilot data in the [GitHub Copilot Trust Center](https://copilot.github.trust.page/). - -For GitHub Copilot Free users, the data collected by GitHub Copilot may be used for AI Model training where permitted and if you allow in your settings. +For all other GitHub Copilot users, your use of GitHub Copilot is governed by [Section J (AI Features) of the GitHub Terms of Service](/site-policy/github-terms/github-terms-of-service#j-ai-features-training-and-your-data). ## GitHub Enterprise Importer diff --git a/Policies/github-terms/github-terms-of-service.md b/Policies/github-terms/github-terms-of-service.md index 8b94bf7e..b2c0ee14 100644 --- a/Policies/github-terms/github-terms-of-service.md +++ b/Policies/github-terms/github-terms-of-service.md @@ -27,19 +27,20 @@ Thank you for using GitHub! We're happy you're here. Please read this Terms of S | [G. Intellectual Property Notice](#g-intellectual-property-notice) | This describes GitHub's rights in the website and service. | | [H. API Terms](#h-api-terms) | These are the rules for using GitHub's APIs, whether you are using the API for development or data collection. | | [I. Additional Product Terms](#i-github-additional-product-terms) | We have a few specific rules for GitHub's features and products. | -| [J. Beta Previews](#j-beta-previews) | These are some of the additional terms that apply to GitHub's features that are still in development. | -| [K. Payment](#k-payment) | You are responsible for payment. We are responsible for billing you accurately. | -| [L. Cancellation and Termination](#l-cancellation-and-termination) | You may cancel this agreement and close your Account at any time. | -| [M. Communications with GitHub](#m-communications-with-github) | We only use email and other electronic means to stay in touch with our users. We do not provide phone support. | -| [N. Disclaimer of Warranties](#n-disclaimer-of-warranties) | We provide our service as is, and we make no promises or guarantees about this service. **Please read this section carefully; you should understand what to expect.** | -| [O. Limitation of Liability](#o-limitation-of-liability) | We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. **Please read this section carefully; it limits our obligations to you.** | -| [P. Release and Indemnification](#p-release-and-indemnification) | You are fully responsible for your use of the service. | -| [Q. Changes to these Terms of Service](#q-changes-to-these-terms) | We may modify this agreement, but we will give you 30 days' notice of material changes. | -| [R. Miscellaneous](#r-miscellaneous) | Please see this section for legal details including our choice of law. | +| [J. AI Features, Training, and Your Data](#j-ai-features-training-and-your-data) | These are the terms that apply to GitHub Copilot and other AI features, including how your data may be used for development and improvement of the artificial intelligence and machine learning models, and the controls available to you. | +| [K. Beta Previews](#k-beta-previews) | These are some of the additional terms that apply to GitHub's features that are still in development. | +| [L. Payment](#l-payment) | You are responsible for payment. We are responsible for billing you accurately. | +| [M. Cancellation and Termination](#m-cancellation-and-termination) | You may cancel this agreement and close your Account at any time. | +| [N. Communications with GitHub](#n-communications-with-github) | We only use email and other electronic means to stay in touch with our users. We do not provide phone support. | +| [O. Disclaimer of Warranties](#o-disclaimer-of-warranties) | We provide our service as is, and we make no promises or guarantees about this service. **Please read this section carefully; you should understand what to expect.** | +| [P. Limitation of Liability](#p-limitation-of-liability) | We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. **Please read this section carefully; it limits our obligations to you.** | +| [Q. Release and Indemnification](#q-release-and-indemnification) | You are fully responsible for your use of the service. | +| [R. Changes to these Terms of Service](#r-changes-to-these-terms) | We may modify this agreement, but we will give you 30 days' notice of material changes. | +| [S. Miscellaneous](#s-miscellaneous) | Please see this section for legal details including our choice of law. | ## The GitHub Terms of Service -Effective date: November 16, 2020 +Effective date: April 24, 2026 ## A. Definitions @@ -47,12 +48,19 @@ Effective date: November 16, 2020 1. An "Account" represents your legal relationship with GitHub. A “Personal Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on GitHub. “Organizations” are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations. 1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at [github.com/site/privacy](https://github.com/site/privacy)) and procedures that we may publish from time to time on the Website. Most of our site policies are available at [docs.github.com/categories/site-policy](/site-policy). +1. "AI Feature" means any feature of GitHub or our Affiliates that uses machine learning or artificial intelligence to generate Output, including GitHub Copilot, Copilot Autofix, and any other feature identified as using machine learning or artificial intelligence in our documentation. + +1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party where "control" means having more than fifty percent (50%) ownership or the right to direct the management of the entity. For the avoidance of doubt, Microsoft is an Affiliate of GitHub 1. "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings. -1. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own. -1. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. -1. The “Service” refers to the applications, software, products, and services provided by GitHub, including any Beta Previews. -1. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See [Section B(5): Additional Terms](#5-additional-terms)). +1. "Content" means code, text, data, documentation, images, graphics, software, packages, and other materials made available through the Service. +1. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our directors, subsidiaries, contractors, licensors, officers, agents, and employees. +1. “Input” means any content or context provided to an AI Feature, including prompts, attachments, code in your workspace, and conversation history. +1. "Output" means responses and suggestions, including code or other material, generated by an AI Feature. +1. The “Service” refers to the applications, software, products, and services provided by GitHub, including through the Website and any Beta Previews. +1. “User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See [Section B(5): Additional Terms](#5-additional-terms)). +1. "User-Generated Content" means Content that you or other users upload, submit, or create through the Service. 1. The “Website” refers to GitHub’s website located at [github.com](https://github.com/), and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as [education.github.com](https://education.github.com/) and [pages.github.com](https://pages.github.com/). These Terms also govern GitHub’s conference websites, such as [githubuniverse.com](https://githubuniverse.com/), and product websites, such as [electronjs.org](https://www.electronjs.org/). Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. +1. "Your Content" means User-Generated Content that you upload, submit, or create, including your modifications to Content you have forked or cloned. It does not include the underlying Content created by others. ## B. Account Terms @@ -66,15 +74,15 @@ Effective date: November 16, 2020 ### 2. Required Information -You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a [paid Account](#k-payment), in which case additional information will be necessary for billing purposes. +You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a [paid Account](#l-payment), in which case additional information will be necessary for billing purposes. ### 3. Account Requirements -We have a few simple rules for Personal Accounts on GitHub's Service. +We have a few simple rules for Accounts on GitHub's Service. * You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts: * A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free Personal Account. * One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine). -* You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will [terminate that User’s Account immediately](#l-cancellation-and-termination). If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. +* You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will [terminate that User’s Account immediately](#m-cancellation-and-termination). If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws. * Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows. * You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use GitHub if you are or are working on behalf of a [Specially Designated National (SDN)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations. For more information, please see our [Export Controls policy](/site-policy/other-site-policies/github-and-trade-controls). @@ -101,35 +109,34 @@ Your use of the Website and Service must not violate any applicable laws, includ You agree that you will not under any circumstances violate our [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies) or [Community Guidelines](/site-policy/github-terms/github-community-guidelines). + ## D. User-Generated Content **Short version:** _You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to._ ### 1. Responsibility for User-Generated Content -You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content. +You are responsible for Your Content and any harm resulting from it. This includes Content you post, upload, or make available through the Service. We are not responsible for any public display or misuse of Your Content. ### 2. GitHub May Remove Content -We have the right to refuse or remove any User-Generated Content that, in our sole discretion, violates any laws or [GitHub terms or policies](/site-policy). User-Generated Content displayed on GitHub Mobile may be subject to mobile app stores' additional terms. +We may refuse or remove User-Generated Content that violates applicable law or our terms and policies. We access private repositories only as described in Section E. Content displayed on GitHub Mobile may be subject to app store terms. -### 3. Ownership of Content, Right to Post, and License Grants +### 3. Ownership and License Grants -You retain ownership of and responsibility for Your Content. If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post. +You own Your Content. If you post Content you did not create, you are responsible for ensuring you have the right to post it and for complying with any applicable licenses. -Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it. +You grant us and other Users the licenses in Sections D.4–D.8. These licenses apply to Your Content. If Your Content already includes a license granting us the permissions we need, no additional license is required. You will not receive payment for these rights. These licenses end when you remove Your Content, unless other Users have forked it. ### 4. License Grant to Us -We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video. - -This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the [GitHub Arctic Code Vault and GitHub Archive Program](https://archiveprogram.github.com/). +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. This license includes the right to do things like copy it to our database and make backups; show it to you and other Users; parse it into a search index or otherwise analyze it on our servers; share it with other Users; and perform it, in case Your Content is something like music or video. 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. ### 5. License Grant to Other Users -Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control). +Your Content that you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies within the Service in repositories they control). -If you set your pages and repositories to be viewed publicly, you grant each User of GitHub a nonexclusive, worldwide license to use, display, and perform Your Content through the GitHub Service and to reproduce Your Content solely on GitHub as permitted through GitHub's functionality (for example, through forking). You may grant further rights if you [adopt a license](/communities/setting-up-your-project-for-healthy-contributions/adding-a-license-to-a-repository#including-an-open-source-license-in-your-repository). If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other GitHub Users. +By making a repository public, you grant other Users a nonexclusive, worldwide license to use, display, perform and reproduce (by forking) Your Content through the Service as permitted by GitHub's functionality. You may grant additional rights by [adopting a license](/communities/setting-up-your-project-for-healthy-contributions/adding-a-license-to-a-repository#including-an-open-source-license-in-your-repository). If you post Content you did not create or own, you are responsible for ensuring it is licensed under terms that permit these uses. ### 6. Contributions Under Repository License @@ -139,15 +146,19 @@ Isn't this just how it works already? Yep. This is widely accepted as the norm i ### 7. Moral Rights -You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise. +You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us or our Affiliates, to enable GitHub and our Affiliates to reasonably exercise the rights granted in Section D.4, but not otherwise. To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service. -### 8. Access Reciprocity +### 8. Public Repositories and Lawful Access + +By choosing to contribute Content to a public repository, you are choosing to and directing us to make such Content accessible to everyone on the internet. Unless specifically set forth herein, these Terms do not restrict lawful access to or use of the contents of public repositories by third parties, or by GitHub or its Affiliates. + +### 9. Access Reciprocity By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commercial AI System"), you hereby waive any and all policies, terms, conditions, or contractual provisions governing products, services, websites or datasets you own or operate that would otherwise prohibit, restrict, or place conditions upon GitHub's Access to any publicly accessible data, information or content associated with your products or services, including for the purpose of developing or training any Commercial AI System. You further agree not to impose technical or other targeted measures to restrict or retaliate against such Access. -This Section D.8 does not apply to Access solely for the purpose of academic research or if, on the date you Access the Content, the number of monthly active users of the products or services made available by you is less than 700 million in the preceding calendar month. For the purposes of this Section, "you" shall refer to you and any entity that directly or indirectly controls, is controlled by, or is under common control with you (affiliates). +This Section D.9 does not apply to Access solely for the purpose of academic research or if, on the date you Access the Content, the number of monthly active users of the products or services made available by you is less than 700 million in the preceding calendar month. For the purposes of this Section, "you" shall refer to you and any entity that directly or indirectly controls, is controlled by, or is under common control with you (affiliates). ## E. Private Repositories @@ -163,20 +174,27 @@ GitHub considers the contents of private repositories to be confidential to you. ### 3. Access -GitHub personnel may only access the content of your private repositories in the situations described in our [Privacy Statement](/site-policy/privacy-policies/github-privacy-statement#repository-contents). +You control access to the content of your private repositories. GitHub considers the contents of private repositories to be confidential to you, as set forth in Section E.2, and GitHub personnel will not access private repository content without your consent except in the following circumstances: + +* for security purposes; +* for automated scanning or manual review for known vulnerabilities, active malware, or other content known to violate our Terms of Service; +* to assist the repository owner with a support matter; +* to maintain the integrity of the Service; or +* to comply with our legal obligations if we have reason to believe the contents are in violation of the law. You may choose to enable additional access to your private repositories. For example: * You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights. +* If you provide your private repository content as Input to AI Features, we may use that Input to provide, develop, train, and improve the Service, including AI Features. Your ability to opt out under [Section J.3](#3-development-and-improvement-using-your-input-and-output) applies to this use of private repository content. We will not otherwise use your private repository contents to develop or improve the Service. -Additionally, we may be [compelled by law](/site-policy/privacy-policies/github-privacy-statement#for-legal-disclosure) to disclose the contents of your private repositories. +Additionally, we may be [compelled by law](/site-policy/privacy-policies/github-general-privacy-statement#for-legal-disclosure) to disclose the contents of your private repositories. -GitHub will provide notice regarding our access to private repository content, unless [for legal disclosure](/site-policy/privacy-policies/github-privacy-statement#for-legal-disclosure), to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security. +GitHub will provide notice regarding our access to private repository content, unless [for legal disclosure](/site-policy/privacy-policies/github-general-privacy-statement#for-legal-disclosure), to comply with our legal obligations, or where otherwise bound by requirements under law, for automated scanning, or if in response to a security threat or other risk to security. ## F. Copyright Infringement and DMCA Policy If you believe that content on our website violates your copyright, please contact us in accordance with our [Digital Millennium Copyright Act Policy](/site-policy/content-removal-policies/dmca-takedown-policy). If you are a copyright owner and you believe that content on GitHub violates your rights, please contact us via [our convenient DMCA form](https://github.com/contact/dmca) or by emailing [copyright@github.com](mailto:copyright@github.com). There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. -We will terminate the Accounts of [repeat infringers](/site-policy/content-removal-policies/dmca-takedown-policy#e-repeated-infringement) of this policy. +We will terminate the Accounts of [repeat infringers](/site-policy/content-removal-policies/dmca-takedown-policy#f-repeated-infringement) of this policy. ## G. Intellectual Property Notice @@ -196,7 +214,7 @@ This Agreement is licensed under this [Creative Commons Zero license](https://cr ## H. API Terms -**Short version:** _You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Provider Interface), including use of the API through a third party product that accesses GitHub._ +**Short version:** _You agree to these Terms of Service, plus this Section H, when using any of GitHub's APIs (Application Programming Interface), including use of the API through a third party product that accesses GitHub._ Abuse or excessively frequent requests to GitHub via the API may result in the temporary or permanent suspension of your Account's access to the API. GitHub, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension. @@ -214,7 +232,42 @@ GitHub may offer subscription-based access to our API for those Users who requir Some Service features may be subject to additional terms specific to that feature or product as set forth in the GitHub Additional Product Terms. By accessing or using the Services, you also agree to the [GitHub Additional Product Terms](/site-policy/github-terms/github-terms-for-additional-products-and-features). -## J. Beta Previews +## J. AI Features, Training, and Your Data + +### 1. Applicability + +This section applies to all AI Features unless a specific feature has additional terms that expressly modify them. The training and data-use provisions in Section J.3 apply only to individual licenses. If your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement, those agreements govern the use of your data in connection with AI Features and Section J.3 does not apply to you. + + +### 2. Ownership + +GitHub does not claim ownership of your Input or 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. + +### 3. Development and Improvement Using Your Input and Output + +We use your Inputs to generate Outputs and provide the AI Features. You also grant GitHub and its Affiliates a license to collect and use your Inputs and Outputs to develop, train and improve artificial intelligence and machine learning models and technologies including those that power AI Features, unless (a) you opt out through your account settings, or (b) your use of the Service is governed by a GitHub Customer Agreement or volume licensing agreement. If you opt out, GitHub will not collect or use your Inputs and Outputs for the purposes described in this paragraph from the effective date of your opt-out going forward. + +Unless you opt out, GitHub's Affiliates may use your Inputs and Outputs under this license in accordance with their applicable privacy and contractual obligations. This license does not, however, permit GitHub or its Affiliates to share your Inputs or Outputs with third-party AI model providers for their own independent model training purposes. + +The license in this Section J.3 is in addition to, and does not limit, the rights granted to GitHub and its Affiliates under Sections D.4 and D.8. This license does not extend to Your Content stored in repositories that are not provided as Input to an AI Feature. + +The opt-out right described in this section applies solely to the use of your Inputs and Outputs as described in this section, and does not apply to the license granted in Sections D.4-D.8 or to any Content that does not constitute Input or Output (including Content stored in public repositories). + +### 4. Disclaimers + +Output is provided "as-is" and subject to the disclaimers in Section O. Without limiting Section O: Output may be inaccurate, incomplete, or non-functional. Output may resemble third-party code, including code under open source licenses. We do not guarantee that Output is free of errors, vulnerabilities, or intellectual property claims. + +You are responsible for reviewing, testing, and validating any Output before use. + +### 5. Your Responsibility and Indemnity + +You are responsible for your use of Output, including ensuring it complies with applicable law and does not infringe third-party rights. + +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. + +## K. Beta Previews **Short version:** _Beta Previews may not be supported or may change at any time. You may receive confidential information through those programs that must remain confidential while the program is private. We'd love your feedback to make our Beta Previews better._ @@ -232,9 +285,9 @@ As a user of Beta Previews, you may get access to special information that isn ### 3. Feedback -We’re always trying to improve of products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation. +We’re always trying to improve our products and services, and your feedback as a Beta Preview user will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our products, services, and documentation. -## K. Payment +## L. Payment **Short version:** _You are responsible for any fees associated with your use of GitHub. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change._ @@ -247,7 +300,7 @@ Our pricing and payment terms are available at [github.com/pricing](https://gith * We will immediately bill you when you upgrade from the free plan to any paying plan. * If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date. * If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately. -* You may change your level of service at any time by [choosing a plan option](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on [Cancellation](#l-cancellation-and-termination) for information on getting a copy of that Content. +* You may change your level of service at any time by [choosing a plan option](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on [Cancellation](#m-cancellation-and-termination) for information on getting a copy of that Content. ### 3. Billing Schedule; No Refunds @@ -265,7 +318,7 @@ By agreeing to these Terms, you are giving us permission to charge your on-file You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay GitHub any charge incurred in connection with your use of the Service. If you dispute the matter, contact us through the [GitHub Support portal](https://support.github.com/). You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information. -## L. Cancellation and Termination +## M. Cancellation and Termination **Short version:** _You may close your Account at any time. If you do, we'll treat your information responsibly._ @@ -289,7 +342,7 @@ GitHub has the right to suspend or terminate your access to all or any part of t All provisions of this Agreement which, by their nature, should survive termination _will_ survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability. -## M. Communications with GitHub +## N. Communications with GitHub **Short version:** _We use email and other electronic means to stay in touch with our users._ @@ -305,7 +358,7 @@ Communications made through email or GitHub Support's messaging system will not GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support. -## N. Disclaimer of Warranties +## O. Disclaimer of Warranties **Short version:** _We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect._ @@ -313,7 +366,7 @@ GitHub provides the Website and the Service “as is” and “as available,” GitHub does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service. -## O. Limitation of Liability +## P. Limitation of Liability **Short version:** _We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you._ @@ -334,7 +387,7 @@ You understand and agree that we will not be liable to you or any third party fo Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. -## P. Release and Indemnification +## Q. Release and Indemnification **Short version:** _You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved._ @@ -342,7 +395,7 @@ If you have a dispute with one or more Users, you agree to release GitHub from a 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. -## Q. Changes to These Terms +## R. Changes to These Terms **Short version:** _We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any material changes and give you time to adjust to them._ @@ -350,11 +403,11 @@ We reserve the right, at our sole discretion, to amend these Terms of Service at We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. -## R. Miscellaneous +## S. Miscellaneous ### 1. Governing Law -Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. However, any claim for injunctive relief with respect to a violation of section D.8 may be brought in any jurisdiction. +Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. However, any claim for injunctive relief with respect to a violation of section D.9 may be brought in any jurisdiction. ### 2. Non-Assignability @@ -370,7 +423,7 @@ If any part of this Agreement is held invalid or unenforceable, that portion of ### 5. Amendments; Complete Agreement -This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with [Section Q. Changes to These Terms](#q-changes-to-these-terms). These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements. +This Agreement may only be modified by a written amendment signed by an authorized representative of GitHub, or by the posting by GitHub of a revised version in accordance with [Section R. Changes to These Terms](#r-changes-to-these-terms). These Terms of Service, together with the GitHub Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and GitHub relating to the subject matter of these terms including any confidentiality or nondisclosure agreements. ### 6. Questions diff --git a/Policies/privacy-policies/github-general-privacy-statement.md b/Policies/privacy-policies/github-general-privacy-statement.md index 8481ed19..9e744065 100644 --- a/Policies/privacy-policies/github-general-privacy-statement.md +++ b/Policies/privacy-policies/github-general-privacy-statement.md @@ -18,7 +18,7 @@ versions: ## GitHub Privacy Statement -Effective date: February 1, 2024 +Effective date: April 24, 2026 Welcome to the GitHub Privacy Statement. This is where we describe how we handle your “Personal Data”, which is information that is directly linked or can be linked to you. It applies to the Personal Data that GitHub, Inc. or GitHub B.V., processes as the “Data Controller” when you interact with websites, applications, and services that display this Statement (collectively, “Services”). This Statement does not apply to services or products that do not display this Statement, such as Previews, where relevant. @@ -44,7 +44,7 @@ Personal Data is collected from you directly, automatically from your device, an ### From You * Account Data: We collect certain information when you open an account such as your GitHub handle, name, email address, password, payment information and transaction information. -* User Content and Files: When you use our Services, we collect Personal Data included as part of the information you provide such as code, inputs, text, documents, images, or feedback. +* User Content and Files: When you use our Services, we collect Personal Data included as part of the information you provide such as code, inputs, AI outputs, text, documents, images, or feedback. * Demographic information: In some cases, you provide us with ethnicity, gender, or similar demographic details. * Feedback Data: This consists of information you submit through surveys, reviews, or interactive features. * Payment Information: For paid subscriptions, we collect details like name, billing address, and payment specifics. @@ -65,7 +65,7 @@ Personal Data is collected from you directly, automatically from your device, an ### From Third Parties * Information from Other Users of the Services: Other users may share information about you when they submit issues and comments. We may also receive information about you if you are identified as a representative or administrator on your company's account. -* Publicly Available Sources: We may acquire information about you from publicly available sources like public GitHub repositories. +* Publicly Available Sources: We may acquire information about you from publicly available sources. * Services you linked to your GitHub account: When you or your administrator integrate third-party apps or services with our Services, we receive information based on your settings with those services. This can include details like your name and email from services like Google for authentication. The information we receive depends on the third-party's settings and privacy policies. Always review these to understand what data is shared with our Services. * Vendors, Partners, and Affiliates: We may receive information about you from third parties, like vendors, resellers, partners, or affiliates for the purposes outlined in this statement. @@ -81,6 +81,7 @@ The Personal Data we process depends on your interaction and access methods with * Service Provision: We use Personal Data to deliver and update our Services as configured and used by You, and to make ongoing personalized experiences and recommendations. * Troubleshooting: We use Personal Data to identify and resolve technical issues. * Ongoing Service Performance: Personal Data helps us keep the Services up to date and performant, and meet user productivity, reliability, efficacy, quality, privacy, accessibility and security needs. +* Product Development and Improvement: We use Personal Data to develop and improve our products, services, and technologies, including artificial intelligence and machine learning technologies. This includes improving features, developing new offerings, enhancing safety and security capabilities, and training models. We apply appropriate technical safeguards, including aggregation and de-identification techniques where feasible, to protect your privacy while enabling these improvements. * Complying with and resolving legal obligations: including responding to Data Subject Requests for Personal Data processed by GitHub as Controller (for example website data), tax requirements, agreements and disputes. * Delivering Professional Services: We use Personal Data to deliver training, consulting or implementation (“Professional Services”). This includes providing technical support, professional planning, advice, guidance, data migration, deployment, and solution/software development services. * Improving Professional Services: Enhancing delivery, efficacy, quality, and security of Professional Services and the underlying product(s) based on issues identified while providing Professional Services, including fixing software defects, and otherwise keeping the Professional Services up to date and performant. @@ -92,7 +93,7 @@ When carrying out these activities, GitHub practices data minimization and uses We may share Personal Data with the following recipients: * Abuse and Fraud Prevention Entities: We may disclose Personal Data based on a good faith belief it is needed to prevent fraud, abuse, or attacks on our Services, or to protect the safety of GitHub and our users. -* Affiliates: Personal Data may be shared with GitHub affiliates, including Microsoft, to facilitate customer service, marketing and advertising, order fulfillment, billing, technical support, and legal and compliance obligations. Our affiliates may only use the Personal Data in a manner consistent with this Privacy Statement. +* Affiliates: Personal Data may be shared with GitHub affiliates, including Microsoft, to facilitate customer service, marketing and advertising, order fulfillment, billing, technical support, legal and compliance obligations, product development and improvement (including training and improving artificial intelligence and machine learning technologies), and for other purposes described in their respective privacy statements. When we share data with affiliates, they will process it in accordance with applicable law and their privacy commitments. * GitHub Organization Accounts: If an organization adds you to their GitHub account, we might share Personal Data with that organization to fulfill the commercial relationship. In such a case, your use of the Services is protected by a data protection agreement and terms between your organization and GitHub * Competent Authorities: We may disclose Personal Data to authorized law enforcement, regulators, courts, or other public authorities in response to lawful requests or to protect our rights and safety. Please refer to our [Guidelines for Legal Requests of User Data](https://docs.github.com/en/site-policy/other-site-policies/guidelines-for-legal-requests-of-user-data) for more information. * Corporate Transaction Entities: we might disclose Personal Data within the limits of the law and in accordance with this Privacy Statement for strategic business transactions such as sales or a merger. @@ -104,19 +105,7 @@ We may share Personal Data with the following recipients: ## Private repositories: GitHub Access -If your GitHub account has private repositories, you control the access to that information. GitHub personnel does not access private repository information without your consent except as provided in this Privacy Statement and for: - - - -* security purposes -* automated scanning or manual review for known vulnerabilities, active malware, or other content known to violate our Terms of Service -* to assist the repository owner with a support matter -* to maintain the integrity of the Services, or -* to comply with our legal obligations if we have reason to believe the contents are in violation of the law. - - - -GitHub will provide you with notice regarding private repository access unless doing so is prohibited by law or if GitHub acted in response to a security threat or other risk to security. +If your GitHub account has private repositories, our ability and rights to access private repository information is set forth in Section E (Private Repositories) of the GitHub Terms of Service. ## Lawful Bases for Processing Personal Data (Applicable to EEA and UK End Users) @@ -124,7 +113,7 @@ GitHub processes Personal Data in compliance with the GDPR, ensuring a lawful ba * Contractual Necessity: Processing is required to fulfill our contractual duties to you, in accordance with the GitHub Terms of Service. * Legal Obligation: We process data when it's necessary to comply with applicable laws or to protect the rights, safety, and property of GitHub, our affiliates, users, or third parties. -* Legitimate Interests: We process data for purposes that are in our legitimate interests, such as securing our Services, communicating with you, and improving our Services. This is done only when these interests are not overridden by your data protection rights or your fundamental rights and freedoms. +* Legitimate Interests: We process data for purposes that are in our legitimate interests, such as securing our Services, communicating with you, and developing and improving our Services, which include artificial intelligence and machine learning technologies. This is done only when these interests are not overridden by your data protection rights or your fundamental rights and freedoms. * Consent: We process data when you have explicitly consented to such processing. When we rely on consent as the legal basis, you have the right to withdraw your consent for data processing at any time. The procedures for withdrawal are detailed in this Statement and available on our website. ## Your Privacy Rights @@ -218,7 +207,7 @@ For Enterprise Marketing Pages, we may also use non-essential cookies to (i) gat Our emails to users may contain a pixel tag, which is a small, clear image that can tell us whether or not you have opened an email and what your IP address is. We use this pixel tag to make our email communications more effective and to make sure we are not sending you unwanted email. -The length of time a cookie will stay on your browser or device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay until they expire or are deleted. The expiration time or retention period applicable to persistent cookies depends on the purpose of the cookie collection and tool used. You may be able to delete cookie data. For more information, see [AUTOTITLE](/site-policy/privacy-policies/github-privacy-statement#what-are-your-cookie-choices-and-controls). +The length of time a cookie will stay on your browser or device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay until they expire or are deleted. The expiration time or retention period applicable to persistent cookies depends on the purpose of the cookie collection and tool used. You may be able to delete cookie data. For more information, see [AUTOTITLE](/site-policy/privacy-policies/github-general-privacy-statement#what-are-your-cookie-choices-and-controls). #### What are cookies and similar technologies? @@ -253,7 +242,7 @@ The table below provides additional information about how we use different types 1. **Specifically on GitHub Enterprise Marketing Pages** - Any GitHub page that serves non-essential cookies will have a link in the page’s footer to cookie settings. You can express your preferences at any time by clicking on that linking and updating your settings. + Any GitHub page that serves non-essential cookies will have a link in the page’s footer to cookie settings. You can express your preferences at any time by clicking on that link and updating your settings. Some users will also be able to manage non-essential cookies via a cookie consent banner, including the options to accept, manage, and reject all non-essential cookies. 1. **Generally for all websites** From f5a1ad1f2b66c337572f526befab6067cf01271c Mon Sep 17 00:00:00 2001 From: site-policy-bot <78450742+site-policy-bot@users.noreply.github.com> Date: Wed, 25 Mar 2026 12:44:00 -0700 Subject: [PATCH 2/2] fix punctuation and reference --- Policies/github-terms/github-terms-of-service.md | 4 ++-- 1 file changed, 2 insertions(+), 2 deletions(-) diff --git a/Policies/github-terms/github-terms-of-service.md b/Policies/github-terms/github-terms-of-service.md index b2c0ee14..41cef5bb 100644 --- a/Policies/github-terms/github-terms-of-service.md +++ b/Policies/github-terms/github-terms-of-service.md @@ -50,7 +50,7 @@ Effective date: April 24, 2026 1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at [github.com/site/privacy](https://github.com/site/privacy)) and procedures that we may publish from time to time on the Website. Most of our site policies are available at [docs.github.com/categories/site-policy](/site-policy). 1. "AI Feature" means any feature of GitHub or our Affiliates that uses machine learning or artificial intelligence to generate Output, including GitHub Copilot, Copilot Autofix, and any other feature identified as using machine learning or artificial intelligence in our documentation. -1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party where "control" means having more than fifty percent (50%) ownership or the right to direct the management of the entity. For the avoidance of doubt, Microsoft is an Affiliate of GitHub +1. “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means having more than fifty percent (50%) ownership or the right to direct the management of the entity. For the avoidance of doubt, Microsoft is an Affiliate of GitHub. 1. "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings. 1. "Content" means code, text, data, documentation, images, graphics, software, packages, and other materials made available through the Service. 1. “GitHub,” “We,” and “Us” refer to GitHub, Inc., as well as our directors, subsidiaries, contractors, licensors, officers, agents, and employees. @@ -162,7 +162,7 @@ This Section D.9 does not apply to Access solely for the purpose of academic res ## E. Private Repositories -**Short version:** _We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent._ +**Short version:** _We treat the content of private repositories as confidential, and we only access it as described in Section E.3 below—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent._ ### 1. Control of Private Repositories