Grade B — Fair terms (score 75/100)
GitHub ToS grants broad AI training rights with narrow opt-out, allows termination without cause, and requires user indemnification. Offset by 30-day change notice and 90-day deletion.
Fair terms with AI training concerns and one-sided indemnification
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.
GitHub claims a broad license to use your content for AI training that the J.3 opt-out explicitly does not cover.
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.
GitHub provides an online opt-out for AI training on Inputs/Outputs to AI Features.
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).
The J.3 opt-out is explicitly limited and does not protect content used under the D.4 license or public repository content.
If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback... 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.
Feedback you provide becomes GitHub's irrevocable perpetual property.
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 can terminate your account for any reason without prior notice.
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...
You must indemnify GitHub for claims arising from your use of the service.
GitHub may assign or delegate these Terms of Service and/or the GitHub Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section D.4.
GitHub can transfer your data to another entity through assignment without your consent.
You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link.
Account cancellation is self-serve and simple.
barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination.
GitHub commits to a specific 90-day data deletion timeline after account closure.
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.
GitHub commits to 30 days advance notice for material changes.
Last reviewed 2026-09-18 under rubric v3.5.