TermsRating
Companies / GitHub / Terms of Service

GitHub Terms of Service

7 serious, 2 to watch. Found 11 of 23 practices.
F

Do they get wide rights to what you post or upload?Yes

…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. 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. …
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 171–174
In plain wordsIf you provide any suggestions or feedback, the company can use, change, and sell those ideas forever without paying you or asking for further permission. This applies specifically to your feedback and ideas, rather than your private code or content.

Do they refuse responsibility when things break?Yes

GitHub provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 211–211
In plain wordsThis clause means the company does not promise that the service will always work perfectly or be suitable for your specific needs. If something goes wrong or the service fails, you generally cannot hold them responsible for any resulting damages.

Can they change the deal without asking?Yes

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price increases, at least 30 days prior to the change taking effect by posting a notice on our Website or sending email to the primary email address specified in your GitHub account. Customer's continued use of the Service after those 30 days constitutes agreement to those revisions of this Agreement. For any other modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service. You can view all changes to th…
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 231–231
In plain wordsThe company can change the rules whenever they want, and if you keep using the service, you are automatically agreeing to the new terms. While they must give you 30 days' notice for major changes like price increases, all other minor changes apply to you immediately upon use.

Do they use what you post to train AI?Yes

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 A…
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 104–104
In plain wordsThis clause allows GitHub to use any of your publicly accessible content to train their commercial AI models. It also prevents you from using technical blocks or rules to stop them from doing so.

Do they lock you in for a year or more?Yes

…oiced Users, User agrees to pay the fees in full, up front without deduction or setoff of any kind, in U.S. Dollars. User must pay the fees within thirty (30) days of the GitHub invoice date. Amounts payable under this Agreement are non-refundable, except as otherwise provided in this Agreement. If User fails to pay any fees on time, GitHub reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) terminate the applicable order form. User is solely responsible for all taxes, fees, duties and government…
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 184–185
In plain wordsOnce you pay, your fees are non-refundable, meaning you cannot get your money back if you decide to stop using the service. If you fail to pay on time, GitHub can charge you interest and cancel your service.

Must disputes be settled in their chosen court?Yes

…rarily or permanently, the Website (or any part of it) with or without notice. 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.9 may be brought in any jurisdiction. 2. Non-Assignability
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 232–236
In plain wordsIf you have a legal dispute with GitHub, you are required to bring your case only to the courts in San Francisco, California. This means you cannot sue them in your local court if you live far away.

Do you pay their legal bills?Yes

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. R. Changes to These…
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 228–229
In plain wordsIf someone sues the company because of how you used the website or because you broke the rules, you must pay for their lawyers and any resulting costs. You are responsible for defending them in court and covering their legal expenses.

Can they read your private messages?Partly

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.
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 91–91
In plain wordsThe company can scan and analyze your content to improve their services and train their AI models. This means your private data may be processed by their automated systems for development purposes.

Can they cut you off any time?Partly

…our lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade. 3. GitHub May Terminate GitHub has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. GitHub reserves the right to refuse service to anyone for any reason at any time. 4. Survival 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 liabili…
docs.github.com/en/site-policy/github-terms/github-terms-of-service, lines 196–201
In plain wordsGitHub can stop your access to the website or close your account whenever they want, without giving you a reason or any warning. They also have the right to refuse to provide services to anyone for any reason.

Checked, nothing hostile

selling or sharing your data, keeping rights to your content after you leave.

Not covered by these documents

giving up the right to sue in court, refusing to let you delete your account, tracking you across sites and apps, keeping your data after you leave, using your data to target ads at you, using your name or photo in ads, combining your data across their products, giving your data to authorities without telling you, passing your data on if the company is sold, denying responsibility if your data leaks, renewing your subscription automatically, taking ownership of your ideas and feedback. These usually live in a document we haven’t read yet.