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GitHub’s current Terms of Service took effect April 27, 2026. They say users retain ownership of content they post, but grant GitHub rights needed to provide its services; they also set rules for API use, public-content access for commercial AI development, and organization-level agreements. The current Terms page explains the agreement in force, rather than giving a clause-by-clause comparison with the previous version.
What the Terms cover—and which rules apply
The Terms define an Account as the legal relationship with GitHub and distinguish a Personal Account from a shared Organization. The agreement incorporates referenced policies, including GitHub’s Privacy Statement, and operating procedures GitHub publishes over time. Those incorporated materials matter: the Terms are not the only rules governing use of the service.
Some products have additional terms. GitHub Marketplace use is governed by the Marketplace Terms as well as the user’s main GitHub agreement. Marketplace developer products may be provided by GitHub or third parties; the user or account owner remains responsible for what a configured product does on or through the account.
Do you still own code you upload?
Yes. GitHub says users own the content they post. To operate its services, however, GitHub receives rights to that content, and users remain responsible for meeting the agreement’s requirements. The Terms also have separate sections for private repositories and copyright and DMCA procedures, so ownership should not be confused with a promise that every use of content is restricted to what an uploader personally expects.
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For questions about a particular repository or copyright complaint, read the applicable private-repository and DMCA language in the agreement rather than relying on the ownership summary alone.
What do the AI and training provisions say?
Section J addresses AI Features, training, and user data. It applies unless a feature’s additional terms expressly change it. One clause says that automated access to publicly accessible Content to develop or train a commercially available AI system can waive policies, terms, conditions, or contractual provisions that would otherwise restrict GitHub’s access to publicly accessible data associated with a user’s products or services.
This language concerns automated access to publicly accessible content; it should not be read as a blanket statement that GitHub may use every private repository to train AI systems. Nor does the clause, on its own, settle how a particular AI feature handles data. Before relying on a control or making a data-use decision, check the exact Section J language and any additional terms for the relevant product.
What API use is prohibited or risky?
The API rules apply to GitHub APIs, including access through third-party products. GitHub says abusive or excessively frequent requests may result in temporary or permanent API suspension, and that it will make a reasonable attempt to warn users by email beforehand. That warning is an attempt, not a guarantee that a user will receive advance notice.
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- Do not share API tokens to get around rate limits.
- Do not use the API to download data for spam, including selling GitHub users’ personal information to recruiters, headhunters, or job boards.
- Keep automated request volume within the service’s limits; excessive or abusive request patterns can put API access at risk.
What does GitHub’s Acceptable Use Policy prohibit?
The Acceptable Use Policies are incorporated into the Terms framework. They cover legal compliance, user safety, intellectual property, authenticity, private information, spam and inauthentic activity, site access and safety, service-usage limits, information restrictions, privacy, excessive bandwidth, advertising, and user protection.
Among the prohibited conduct described in the policy are unlawful activity; sexual exploitation; libelous or fraudulent content; discriminatory or abusive conduct; intentionally deceptive information likely to harm the public interest; harassment, threats, or incitement of violence; gratuitous glorification of violence; and disruptive misuse of platform features.
Does an organization need the GitHub Customer Agreement?
The Standard Terms are described as an agreement between GitHub and an individual. An Organization owner who needs to contract on behalf of a company, nonprofit, or group can upgrade to the GitHub Customer Agreement. Whether that is appropriate depends on who needs to be the contracting party and the organization’s privacy, data exposure, payment, liability, and administrative requirements.
| Arrangement | Who contracts | When it may fit |
|---|---|---|
| Standard Terms | An individual | Personal use where the individual is the party accepting the agreement. |
| GitHub Customer Agreement | An entity represented by an Organization owner | A company, nonprofit, or group needs an owner to sign on its behalf. |
GitHub warns that changing plans or upgrading agreements can affect payment methods and active paid subscriptions. Organization owners should review the billing steps before switching.
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How can GitHub change the Terms, and what happens if you leave?
For material changes, including price increases, GitHub says it will give at least 30 days’ notice before the change takes effect. Notice may appear on the website or go to the primary email address on the account. Continuing to use GitHub after that period constitutes acceptance; users may instead cancel and close their account.
Other legal provisions to understand
The agreement also contains warranty disclaimers, limits on liability, release and indemnification provisions, and California governing-law and San Francisco venue language, subject to applicable law. These provisions can affect what remedies are available if a dispute arises, so individuals and organizations should assess them in light of their own circumstances.
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