GitHub
GitHub Terms of Service & Privacy Statement
GitHub is a web-based platform for hosting, versioning, and collaborating on software code repositories, offering additional tools like Codespaces, Actions, and the Copilot AI coding assistant.
Analyzed June 19, 2026
Key findings
Summary
GitHub's terms are generally clear and favorable relative to industry norms, with strong commitments around private repository confidentiality, content ownership, and cancellation. However, the AI training license over content/Input-Output, broad data collection/sharing with affiliates including Microsoft for advertising purposes, and a termination-without-notice clause represent standard-to-elevated risk areas.
Category Breakdown
GitHub collects account, payment, profile, demographic, usage, geolocation, and content/code data, including via cookies and third-party analytics, with limited granular opt-outs for non-essential cookies.
From: PRIVACY POLICYWe may also employ third-party Cookies to gather data for interest-based advertising. In some jurisdictions, we only use non-essential cookies after obtaining your consent.View source document
Personal data is shared with affiliates including Microsoft for marketing and advertising purposes, and with partners/resellers, going beyond standard service-provider-only sharing.
From: PRIVACY POLICYPersonal 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...View source document
Users retain ownership of their content but grant GitHub and affiliates a broad license including use to train AI/ML models, with an opt-out available only for Copilot Input/Output under individual licenses, not for the general D.4 license.
From: TERMS OF SERVICEYou 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.View source document
GitHub reserves the right to suspend or terminate access to the service at any time, with or without cause, and with or without notice, though a 90-day content retention/export window is provided after cancellation.
From: TERMS OF SERVICEGitHub 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.View source document
No mandatory arbitration language appears in the main Terms; disputes are subject to exclusive court jurisdiction and venue in San Francisco, California, under a governing law clause.
From: TERMS OF SERVICEYou and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.View source document
Subscriptions auto-renew and are billed in advance with no refunds or credits for partial months, downgrades, or unused time, though cancellation is described as simple and immediate via account settings.
From: TERMS OF SERVICEThere 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.View source document