6,153 words, 185 clausesupdated April 27, 2026read 08/10/2026source
·Effective date: April 27, 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.
·When a school or employer supplies your GitHub account, they assume the role of Data Controller for most Personal Data used in our Services. This enables them to:
·Should you access a GitHub Service through an account provided by an organization, such as your employer or school, the organization becomes the Data Controller, and this Privacy Statement's direct applicability to you changes. Even so, GitHub remains dedicated to preserving your privacy rights. In such circumstances, GitHub functions as a Data Processor, adhering to the Data Controller's instructions regarding your Personal Data's processing. A Data Protection Agreement governs the relationship between GitHub and the Data Controller. For further details regarding their privacy practices, please refer to the privacy statement of the organization providing your account.
·In cases where your organization grants access to GitHub products, GitHub acts as the Data Controller solely for specific processing activities. These activities are clearly defined in a contractual agreement with your organization, known as a Data Protection Agreement. You can review our standard Data Protection Agreement at GitHub Data Protection Agreement. For those limited purposes, this Statement governs the handling of your Personal Data. For all other aspects of GitHub product usage, your organization's policies apply.
·When you use third-party extensions, integrations, or follow references and links within our Services, the privacy policies of these third parties apply to any Personal Data you provide or consent to share with them. Their privacy statements will govern how this data is processed.
·Personal Data is collected from you directly, automatically from your device, and also from third parties. The Personal Data GitHub processes when you use the Services depends on variables like how you interact with our Services (such as through web interfaces, desktop or mobile applications), the features you use (such as pull requests, Codespaces, or GitHub Copilot) and your method of accessing the Services (your preferred IDE). Below, we detail the information we collect through each of these channels:
·The Personal Data we process depends on your interaction and access methods with our Services, including the interfaces (web, desktop, mobile apps), features used (pull requests, Codespaces, GitHub Copilot), and your preferred access tools (like your IDE). This section details all the potential ways GitHub may process your Personal Data:
·When carrying out these activities, GitHub practices data minimization and uses the minimum amount of Personal Information required.
·We may share Personal Data with the following recipients:
·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.
·GitHub processes Personal Data in compliance with the GDPR, ensuring a lawful basis for each processing activity. The basis varies depending on the data type and the context, including how you access the services. Our processing activities typically fall under these lawful bases:
·Depending on your residence location, you may have specific legal rights regarding your Personal Data:
·To exercise these rights, please send an email to privacy[at]github[dot]com and follow the instructions provided. To verify your identity for security, we may request extra information before addressing your data-related request. Please contact our Data Protection Officer at dpo[at]github[dot]com for any feedback or concerns. Depending on your region, you have the right to complain to your local Data Protection Authority. European users can find authority contacts on the European Data Protection Board website, and UK users on the Information Commissioner's Office website.
·We aim to promptly respond to requests in compliance with legal requirements. Please note that we may retain certain data as necessary for legal obligations or for establishing, exercising, or defending legal claims.
·GitHub stores and processes Personal Data in a variety of locations, including your local region, the United States, and other countries where GitHub, its affiliates, subsidiaries, or subprocessors have operations. We transfer Personal Data from the European Union, the United Kingdom, and Switzerland to countries that the European Commission has not recognized as having an adequate level of data protection. When we engage in such transfers, we generally rely on the standard contractual clauses published by the European Commission under Commission Implementing Decision 2021/914, to help protect your rights and enable these protections to travel with your data. To learn more about the European Commission's decisions on the adequacy of the protection of personal data in the countries where GitHub processes personal data, see this article on the European Commission website.
·GitHub also complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. GitHub has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. GitHub has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy statement and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
·GitHub has the responsibility for the processing of Personal Data it receives under the Data Privacy Framework (DPF) Principles and subsequently transfers to a third party acting as an agent on GitHub's behalf. GitHub shall remain liable under the DPF Principles if its agent processes such Personal Data in a manner inconsistent with the DPF Principles, unless the organization proves that it is not responsible for the event giving rise to the damage.
·In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, GitHub commits to resolve DPF Principles-related complaints about our collection and use of your personal information. EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension, and the Swiss-U.S. DPF should first contact GitHub at: dpo[at]github[dot]com.
·If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://go.adr.org/dpf_irm.html for more information or to file a complaint. The services of the International Centre for Dispute Resolution are provided at no cost to you.
·An individual has the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms. For additional information visit https://www.dataprivacyframework.gov/framework-article/ANNEX-I-introduction.
·GitHub is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). Under Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45), an organization's failure to abide by commitments to implement the DPF Principles may be challenged as deceptive by the FTC. The FTC has the power to prohibit such misrepresentations through administrative orders or by seeking court orders.
·GitHub uses appropriate administrative, technical, and physical security controls to protect your Personal Data. We'll retain your Personal Data as long as your account is active and as needed to fulfill contractual obligations, comply with legal requirements, resolve disputes, and enforce agreements. The retention duration depends on the purpose of data collection and any legal obligations.
·GitHub uses administrative, technical, and physical security controls where appropriate to protect your Personal Data.
·Contact us via our contact form or by emailing our Data Protection Officer at dpo[at]github[dot]com. Our addresses are:
·GitHub B.V. Prins Bernhardplein 200, Amsterdam 1097JB The Netherlands
·GitHub, Inc. 88 Colin P. Kelly Jr. St. San Francisco, CA 94107 United States
·Our Services are not intended for individuals under the age of 13. We do not intentionally gather Personal Data from such individuals. If you become aware that a minor has provided us with Personal Data, please notify us.
·GitHub may periodically revise this Privacy Statement. If there are material changes to the statement, we will provide at least 30 days prior notice by updating our website or sending an email to your primary email address associated with your GitHub account.
·Below are translations of this document into other languages. In the event of any conflict, uncertainty, or apparent inconsistency between any of those versions and the English version, this English version is the controlling version.
·Cliquez ici pour obtenir la version française: Déclaration de confidentialité de GitHub (PDF).
·For translations of this statement into other languages, please visit https://docs.github.com/ and select a language from the drop-down menu under "English."
·GitHub uses cookies to provide, secure and improve our Service or to develop new features and functionality of our Service. For example, we use them to (i) keep you logged in, (ii) remember your preferences, (iii) identify your device for security and fraud purposes, including as needed to maintain the integrity of our Service, (iv) compile statistical reports, and (v) provide information and insight for future development of GitHub. We provide more information about cookies on GitHub that describes the cookies we set, the needs we have for those cookies, and the expiration of such cookies.
·For Enterprise Marketing Pages, we may also use non-essential cookies to (i) gather information about enterprise users' interests and online activities to personalize their experiences, including by making the ads, content, recommendations, and marketing seen or received more relevant and (ii) serve and measure the effectiveness of targeted advertising and other marketing efforts. If you disable the non-essential cookies on the Enterprise Marketing Pages, the ads, content, and marketing you see may be less relevant.
·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 GitHub General Privacy Statement.
·We use cookies and similar technologies, such as web beacons, local storage, and mobile analytics, to operate and provide our Services. When visiting Enterprise Marketing Pages, like resources.github.com, these and additional cookies, like advertising IDs, may be used for sales and marketing purposes.
·Cookies are small text files stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.
·Web beacons are electronic images (also called "single-pixel" or "clear GIFs") that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content.
·Mobile identifiers for analytics can be accessed and used by apps on mobile devices in much the same way that websites access and use cookies. When visiting Enterprise Marketing pages, like resources.github.com, on a mobile device these may allow us and our third-party analytics and advertising partners to collect data for sales and marketing purposes.
·We may also use so-called "flash cookies" (also known as "Local Shared Objects" or "LSOs") to collect and store information about your use of our Services. Flash cookies are commonly used for advertisements and videos.
·The GitHub Services use cookies and similar technologies for a variety of purposes, including to store your preferences and settings, enable you to sign-in, analyze how our Services perform, track your interaction with the Services, develop inferences, combat fraud, and fulfill other legitimate purposes. Some of these cookies and technologies may be provided by third parties, including service providers and advertising partners. For example, our analytics and advertising partners may use these technologies in our Services to collect personal information (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) related to your online activities over time and across Services for various purposes, including targeted advertising. GitHub will place non-essential cookies on pages where we market products and services to enterprise customers, for example, on resources.github.com.
·We and/or our partners also share the information we collect or infer with third parties for these purposes.
·The table below provides additional information about how we use different types of cookies: Purpose | Description
| Required Cookies | GitHub uses required cookies to perform essential website functions and to provide the services. For example, cookies are used to log you in, save your language preferences, provide a shopping cart experience, improve performance, route traffic between web servers, detect the size of your screen, determine page load times, improve user experience, and for audience measurement. These cookies are necessary for our websites to work. |
|---|---|
| Analytics | We allow third parties to use analytics cookies to understand how you use our websites so we can make them better. For example, cookies are used to gather information about the pages you visit and how many clicks you need to accomplish a task. We also use some analytics cookies to provide personalized advertising. |
| Social Media | GitHub and third parties use social media cookies to show you ads and content based on your social media profiles and activity on GitHub's websites. This ensures that the ads and content you see on our websites and on social media will better reflect your interests. This also enables third parties to develop and improve their products, which they may use on websites that are not owned or operated by GitHub. |
| Advertising | In addition, GitHub and third parties use advertising cookies to show you new ads based on ads you've already seen. Cookies also track which ads you click or purchases you make after clicking an ad. This is done both for payment purposes and to show you ads that are more relevant to you. For example, cookies are used to detect when you click an ad and to show you ads based on your social media interests and website browsing history. |
·You have several options to disable non-essential cookies:
·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 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.
·These choices are specific to the browser you are using. If you access our Services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
·This section provides extra information specifically for residents of certain US states that have distinct data privacy laws and regulations. These laws may grant specific rights to residents of these states when the laws come into effect. This section uses the term "personal information" as an equivalent to the term "Personal Data."
·These rights are common to the US State privacy laws:
·We may collect various categories of personal information about our website visitors and users of "Services" which includes GitHub applications, software, products, or services. That information includes identifiers/contact information, demographic information, payment information, commercial information, internet or electronic network activity information, geolocation data, audio, electronic, visual, or similar information, and inferences drawn from such information.
·We collect this information for various purposes. This includes identifying accessibility gaps and offering targeted support, fostering diversity and representation, providing services, troubleshooting, conducting business operations such as billing and security, improving products and supporting research, communicating important information, ensuring personalized experiences, and promoting safety and security.
·To make an access, deletion, correction, or opt-out request, please send an email to privacy[at]github[dot]com and follow the instructions provided. We may need to verify your identity before processing your request. If you choose to use an authorized agent to submit a request on your behalf, please ensure they have your signed permission or power of attorney as required.
·To opt out of the sharing of your personal information, you can click on the "Do Not Share My Personal Information" link on the footer of our Websites or use the Global Privacy Control ("GPC") if available. Authorized agents can also submit opt-out requests on your behalf.
·We also make the following disclosures for purposes of compliance with California privacy law:
·Under California Civil Code section 1798.83, also known as the "Shine the Light" law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes ("California Customers") may request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. Please be aware that we do not disclose personal information to any third parties for their direct marketing purposes as defined by this law. California Customers may request further information about our compliance with this law by emailing (privacy[at]github[dot]com). Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
·California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To remove content or information you have publicly posted, please submit a Private Information Removal request. Alternatively, to request that we remove such content or information, please send a detailed description of the specific content or information you wish to have removed to GitHub support. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances. If you have any questions about our privacy practices with respect to California residents, please send an email to privacy[at]github[dot]com.
·We value the trust you place in us and are committed to handling your personal information with care and respect. If you have any questions or concerns about our privacy practices, please email our Data Protection Officer at dpo[at]github[dot]com.
·If you live in Colorado, Connecticut, or Virginia you have some additional rights:
·We do not sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes. If you still have questions about your covered information or anything else in our Privacy Statement, please send an email to privacy[at]github[dot]com.
8,071 words, 251 clausesupdated April 27, 2026read 08/10/2026source
·Thank you for using GitHub! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using GitHub. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
| Section | What can you find there? |
|---|---|
| A. Definitions | Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification. |
| B. Account Terms | These are the basic requirements of having an Account on GitHub. |
| C. Acceptable Use | These are the basic rules you must follow when using your GitHub Account. |
| D. User-Generated Content | You own the content you post on GitHub. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you. |
| E. Private Repositories | This section talks about how GitHub will treat content you post in private repositories. |
| F. Copyright & DMCA Policy | This section talks about how GitHub will respond if you believe someone is infringing your copyrights on GitHub. |
| G. Intellectual Property Notice | This describes GitHub's rights in the website and service. |
| 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 | We have a few specific rules for GitHub's features and products. |
| 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 | These are some of the additional terms that apply to GitHub's features that are still in development. |
| L. Payment | You are responsible for payment. We are responsible for billing you accurately. |
| M. Cancellation and Termination | You may cancel this agreement and close your Account at any time. |
| 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 | 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 | 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 | You are fully responsible for your use of the service. |
| R. Changes to these Terms of Service | We may modify this agreement, but we will give you 30 days' notice of material changes. |
| S. Miscellaneous | Please see this section for legal details including our choice of law. |
·Effective date: April 27, 2026
·Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
·Short version: Personal Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
·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, in which case additional information will be necessary for billing purposes.
·We have a few simple rules for Accounts on GitHub's Service.
·You are responsible for keeping your Account secure while you use our Service. We offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.
·In some situations, third parties' terms may apply to your use of GitHub. For example, you may be a member of an organization on GitHub with its own terms or license agreements; you may download an application that integrates with GitHub; or you may use GitHub to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
·If you are a government User or otherwise accessing or using any GitHub Service in a government capacity, this Government Amendment to GitHub Terms of Service applies to you, and you agree to its provisions.
·If you have signed up for GitHub Enterprise Cloud, the Enterprise Cloud Addendum applies to you, and you agree to its provisions.
·Short version: GitHub hosts a wide variety of collaborative projects from all over the world, and that collaboration only works when our users are able to work together in good faith. While using the service, you must follow the terms of this section, which include some restrictions on content you can post, conduct on the service, and other limitations. In short, be excellent to each other.
·Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
·You agree that you will not under any circumstances violate our Acceptable Use Policies or Community Guidelines.
·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.
·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.
·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.
·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.
·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.
·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.
·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).
·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. If you post Content you did not create or own, you are responsible for ensuring it is licensed under terms that permit these uses.
·Whenever you add Content to a repository containing notice of a license, you license that Content under the same terms, and you agree that you have the right to license that Content under those terms. If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede.
·Isn't this just how it works already? Yep. This is widely accepted as the norm in the open-source community; it's commonly referred to by the shorthand "inbound=outbound". We're just making it explicit.
·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.
·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.
·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.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).
·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.
·Some Accounts may have private repositories, which allow the User to control access to Content.
·GitHub considers the contents of private repositories to be confidential to you. GitHub will protect the contents of private repositories from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
·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:
·You may choose to enable additional access to your private repositories. For example:
·Additionally, we may be compelled by law to disclose the contents of your private repositories.
·GitHub will provide notice regarding our access to private repository content, unless 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.
·If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act 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 or by emailing 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 of this policy.
·Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
·GitHub and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © GitHub, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from GitHub.
·If you'd like to use GitHub's trademarks, you must follow all of our trademark guidelines, including those on our logos page: https://github.com/logos.
·This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.
·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.
·You may not share API tokens to exceed GitHub's rate limitations.
·You may not use the API to download data or Content from GitHub for spamming purposes, including for the purposes of selling GitHub users' personal information, such as to recruiters, headhunters, and job boards.
·All use of the GitHub API is subject to these Terms of Service and the GitHub Privacy Statement.
·GitHub may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of GitHub's Service.
·Short version: You need to follow certain specific terms and conditions for GitHub's various features and products, and you agree to the Supplemental Terms and Conditions when you agree to this Agreement.
·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.
·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.
·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.
·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).
·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.
·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.
·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.
·Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Service has been and is subject. By using a Beta Preview, you use it at your own risk.
·As a user of Beta Previews, you may get access to special information that isn't available to the rest of the world. Due to the sensitive nature of this information, it's important for us to make sure that you keep that information secret.
·Confidentiality Obligations. You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered GitHub's confidential information (collectively, "Confidential Information"), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the "Purpose"), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don't otherwise prohibit or restrict such disclosure (for example, you might be part of a GitHub-organized group discussion about a private Beta Preview feature).
·Exceptions. Confidential Information will not include information that is: (a) or becomes publicly available without breach of this Agreement through no act or inaction on your part (such as when a private Beta Preview becomes a public Beta Preview); (b) known to you before we disclose it to you; (c) independently developed by you without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from GitHub. You will not violate the terms of this Agreement if you are required to disclose Confidential Information pursuant to operation of law, provided GitHub has been given reasonable advance written notice to object, unless prohibited by law.
·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.
·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.
·Our pricing and payment terms are available at github.com/pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
·Payment Based on Plan For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable. There 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. In order to treat everyone equally, no exceptions will be made.
·Payment Based on Usage Some Service features are billed based on your usage. A limited quantity of these Service features may be included in your plan for a limited term without additional charge. If you choose to use paid Service features beyond the quantity included in your plan, you pay for those Service features based on your actual usage in the preceding month. Monthly payment for these purchases will be charged on a periodic basis in arrears. See GitHub Additional Product Terms for Details.
·Invoicing For invoiced 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 governmental assessments (except for taxes based on GitHub's net income) that are imposed or become due in connection with this Agreement.
·By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for GitHub.
·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. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
·Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
·It is your responsibility to properly cancel your Account with GitHub. 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. We are not able to cancel Accounts in response to an email or phone request.
·We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information cannot be recovered once your Account is canceled.
·We will not delete Content that you have contributed to other Users' repositories or that other Users have forked.
·Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
·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.
·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.
·Short version: We use email and other electronic means to stay in touch with our users.
·For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
·Communications made through email or GitHub Support's messaging system will not constitute legal notice to GitHub or any of its officers, employees, agents or representatives in any situation where notice to GitHub is required by contract or any law or regulation. Legal notice to GitHub must be in writing and served on GitHub's legal agent.
·GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
·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.
·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.
·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.
·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.
·You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
·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.
·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.
·If you have a dispute with one or more Users, you agree to release GitHub from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
·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.
·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.
·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 these Terms in our Site Policy repository.
·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.
·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.
·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. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
·Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
·If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of GitHub to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this 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 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.
·Questions about the Terms of Service? Contact us through the GitHub Support portal.
6,361 words, 221 clausesno date on the pageread 08/10/2026source
·Your participation in the GitHub Sponsors Program (the "Program") is subject to the GitHub Terms of Service (the "Agreement") or other agreement you have with GitHub (for example the GitHub Customer General Terms, the GitHub Corporate Terms of Service or other agreement), as well as the following additional terms ("Additional Terms"). Any use of the GitHub Sponsors Program that violates the Agreement will also be a violation of these Additional Terms. Any capitalized terms used but not defined below have the meanings in the Agreement. These Additional Terms for the GitHub Sponsors Program describe the relationship between GitHub and you, the "Sponsored Developer", for the Program. The Additional Terms are effective as of the date you accept them ("Effective Date").
·The purpose of this Agreement is to: 1) set forth the terms under which Sponsors will participate in the GitHub Sponsors Program (the "Program"); and 2) set forth the terms under which Sponsored Developers may participate in the Program. The Program allows sponsors to identify certain open source projects ("Projects") housed on GitHub and to make committed investments in those Projects to further the Projects' development.
·"Confidential Information" means all non-public information disclosed under this Agreement by either party to the other in any format, designated as confidential or that the receiving party knows or reasonably should know, under the circumstances surrounding the disclosure and the nature of the information, is confidential to the disclosing party. Confidential Information does not include any information that (i) was or becomes publicly known through no fault of the receiving party; (ii) was or becomes rightfully known to the receiving party without confidential or proprietary restriction from a source other than the disclosing party who has a right to disclose it; (iii) is approved by the disclosing Party for disclosure without restriction in a written document which is signed by a duly authorized officer or such disclosing Party; or (iv) the receiving party independently develops without access to or use of the disclosing party's Confidential Information.
·"GitHub Policies" means all then-current policies and procedures of GitHub that Sponsored Developer must follow as noted in the Program, including the GitHub Community Guidelines.
·"Sponsor" means the User who purchased a Subscription from or paid a Sponsorship to a Sponsored Developer through a Sponsored Developer Account.
·"Sponsored Developer" means the individual or entity that develops content under the Program and receives Sponsored Developer Payments while participating in the Program.
·"Sponsored Developer Account" means the account at Stripe that a Sponsored Developer establishes through the Program to receive payment from Sponsors.
·"Sponsored Developer Content" means all content a Sponsored Developer submits to GitHub in connection with the Program, including User-Generated Content and Your Content; the Sponsored Developer's brand names, trademarks, service marks, trade names, logos, or indicia of origin ("Sponsored Developer Marks"); and data associated with a Sponsored Developer Account.
·"Sponsorship" means a payment paid to a Sponsored Developer through the Program and Stripe.
·"Subscription" means a recurring or one-time Sponsorship in exchange for goods, services, or other offers a Sponsored Developer provides to Sponsors.
·"Sponsored Developer Payment" means the net of one hundred percent (100%) of gross monthly payments received from Sponsorships and Subscriptions to Sponsored Developer Accounts, plus any applicable Matching Funds, and other proceeds from monetization options that the Sponsored Developer elects to use, as applicable, less any discounts, taxes, fees, amounts not collected or which were refunded or charged back, amounts owed to any third-party in connection with the Program with respect to a Sponsored Developer Account, and other Exclusions as outlined in Section 4.
·"USD" means United States Dollar.
·All payment processing, money transmission, and fund transfers made in connection with the GitHub Sponsors Program are performed by Stripe, Inc. and its affiliates ("Stripe"), not by GitHub. GitHub acts solely as a technical platform connecting Sponsors with Sponsored Developers.
·(a) When you participate in GitHub Sponsors as a Sponsored Developer, you enter into a direct contractual relationship with Stripe for payment processing services, separate from your relationship with GitHub. Stripe establishes and maintains a "Stripe Connected Account" for the benefit of participating Sponsored Developers.
·(b) All Sponsorship funds contributed by Sponsors are held in the Stripe Connected Accounts FBO Sponsored Developers established and maintained by Stripe pursuant to Stripe's terms and conditions, including: The Stripe Connected Account Agreement The Stripe Services Agreement The Stripe Terms of Service
·(c) Each participating Sponsored Developer acknowledges that use of Stripe's payment processing services is governed by and subject to the Stripe Terms, which are incorporated herein by reference.
·GitHub's role in the GitHub Sponsors Program is limited to:
·(a) Providing the platform and user interface through which Sponsors can identify and select Sponsored Developers for funding;
·(b) Facilitating the communication of payment instructions in connection with the Program;
·(c) Displaying balance and transaction information provided by Stripe; and
·GitHub does not:
·In order to participate in the Program, Developers must comply with your country's minimum age laws (for example, you must be at least 13 years of age if you live in the United States), have a valid GitHub account, and have agreed to the Acceptable Use section in the Agreement and applicable GitHub Policies, and these GitHub Sponsors Additional Terms.
·If you are over the age of 13 but are under 18, you can give and receive Sponsor funds, provided that Stripe, our payment processor, can collect verification information from your legal guardian.
·You will not under any circumstances allow payments or raise funds involving:
·The GitHub Sponsors Matching Fund aims to encourage the community that participates in the Open Source Software (OSS) ecosystem to contribute sustainable funding to qualifying individuals with Sponsored Developer Accounts. All individuals who applied to the Program before January 1, 2020, will be reviewed for eligibility for the Matching Fund, but not all eligible individual Sponsored Developer Accounts will receive matching. Organizations cannot participate in the GitHub Sponsors Matching Fund, and Sponsorship from an organization to a qualifying Sponsored Developer Account will not be matched. See below for additional rules.
·Eligibility for the GitHub Sponsors Matching Fund is evaluated on a case-by-case basis and is subject to the following limitations:
·The matching period begins after GitHub accepts an individual Sponsored Developer Account into GitHub Sponsors. For each individual Sponsored Developer Account eligible for the GitHub Sponsors Matching Fund, GitHub can match community sponsorship up to $5,000 USD total during the Sponsored Developer Account's first 12 months in the Program. The matching period cannot be extended for any reason. During the matching period, GitHub will not charge any fees, so 100% of sponsorships will go to the sponsored developer. In the future, we may charge a nominal processing fee.
·You will: (A) create a Sponsored Developer Account; (B) make Sponsored Developer Content available via the Program and Service; and, (C) comply with all GitHub Policies. You will be solely responsible for support, development, and maintenance of your Sponsored Developer Account and Sponsored Developer Content, and any complaints about them.
·If you choose to apply for the Program, entry into the Program is contingent upon your completion of the registration process and acceptance into the Program by GitHub. In addition, you may be required to register with the payment service provider(s) selected by GitHub (such as Stripe) in order to access and use certain features of the Program. You must register with your true identity, and you agree to provide and maintain true, accurate, current and complete information about yourself as requested by the Program's registration form. Registration data and certain other information about you are governed by our Privacy Statement, as well as any privacy statement provided by our payment processor. GitHub reserves the right to refuse acceptance into the Program.
·Through the Program and Service, GitHub may provide you various options to monetize your Sponsored Developer Content. Some options may require you to update certain settings in your Sponsored Developer Account. In addition, the ways in which the Program supports each monetization option may vary. If you utilize one (or more) of these options by changing the applicable settings, then you agree to the terms that apply to that option. Some monetization options may require you to provide additional information to GitHub or its service providers, or to accept additional GitHub terms or third-party terms.
·The Program provides you with the capability to offer Subscriptions. If you choose to offer Subscriptions, then GitHub will pay you the Subscription Sponsorship as provided in Section 4. You are responsible for determining the nature, content, and capabilities of your Subscription offer, subject to these Additional Terms and applicable GitHub Policies.
·The Program or Service may provide you with the ability to accept a donation or other type of direct Sponsorship from another User without a Subscription offer. However, because GitHub does not fulfill those types of Sponsorships, you must establish a merchant account with a third-party payment service provider (such as Stripe) and be subject to that service provider's merchant account terms, conditions, and privacy policies. Any amounts contributed to you, donation or otherwise, will be paid directly to your merchant account and not included in any Sponsored Developer Payments. You agree that you will not have any claim or remedy against GitHub relating to donations and any disputes relating to a donation are solely between you and the third-party payment service provider. You are responsible for compliance with any third-party payment service provider's agreements, policies, and laws or regulations that may apply. GitHub may elect to provide you with information or a report on the amount of donations made to you for your convenience.
·While we understand that you may want to promote your Sponsors by posting their names or logos in your account, the primary focus of your Sponsored Developer Content should not be advertising or promotional marketing. In addition, you may not enter into any advertising agreement to promote any product or brand if doing so would be prohibited by the Agreement or GitHub's Community Guidelines. If you decide to host any advertising or promotional materials in your Sponsored Developer Content, you are solely responsible for complying with all applicable laws and regulations, including the U.S. Federal Trade Commission's Guidelines on Endorsements and Testimonials.
·All payments to Sponsored Developers are processed and distributed by Stripe, not by GitHub. GitHub does not transmit or transfer funds to Sponsored Developers. All payment timing, methods, and processes are controlled by Stripe pursuant to the Stripe Terms. GitHub has no control over the timing or method of payment distribution by Stripe.
·The following amounts are not included in Sponsored Developer Payments, or may be withheld by GitHub, as applicable.
·You will bear all expenses you incur in connection with your performance under these Additional Terms. We will not reimburse or advance you for any expenses.
·GitHub intends to comply with all applicable tax information reporting and tax withholding laws that GitHub reasonably determines in its judgment apply to these payments. If taxes are required to be withheld on any amounts to be paid by GitHub to you or from amounts which are subject to tax information reporting under applicable laws, GitHub will deduct such taxes from the amount owed and pay them to the appropriate taxing authority and, as required, will secure and deliver to you an official receipt for any such taxes withheld as required under applicable laws. GitHub will use reasonable efforts to minimize such taxes to the extent permissible under applicable law, and each party will reasonably cooperate with the other to obtain the lowest tax rates or elimination of such taxes pursuant to the applicable income tax laws or treaties. This includes you providing to GitHub adequate information required under applicable laws, such as IRS Forms W-8, W-9, or other information to establish exemptions from withholding. You will also be responsible for complying with any third-party payment processor's terms and conditions regarding tax withholding and reporting, if applicable. Furthermore, GitHub reserves the right to suspend payments to your account until you provide GitHub with adequate documentation or information required under applicable laws for GitHub to determine any applicable tax withholding or reporting obligations that apply to the payments under these Additional Terms or Agreement.
·In the event of a Sponsored Developer's breach, or suspected breach, of these Additional Terms or the Agreement, GitHub reserves the right to withhold payment to the Sponsored Developer under these Additional Terms or otherwise, pending GitHub's reasonable investigation of the same. If GitHub determines, in its sole discretion, that a Sponsored Developer is in breach of these Additional Terms or the Agreement, GitHub may permanently withhold any amounts due to the Sponsored Developer and the Sponsor can choose to reallocate those funds to another Sponsored Developer.
·During the term, Stripe will process and remit to you via your Stripe Connect Account all Sponsored Developer Payments received in a given month within 30 days after the close of that month, subject to the variables below. Payouts are sent through Stripe Connect to the bank account you provided when you applied for GitHub Sponsors. Neither GitHub nor Stripe is responsible for delay or misapplication of any Sponsored Developer Payment because of incorrect or incomplete information supplied by you or a bank, or for failure of a bank to credit your account. GitHub is not responsible for any delays, failures, or errors in payment processing or distribution by Stripe. All such matters are governed by the Stripe Terms.
·Stripe will remit Sponsored Developer Payments by ACH/SEPA or wire to an account that you specify subject to the thresholds, methods and timeframes provided in GitHub's then-current payment policies, which GitHub may update from time to time. The payment method and threshold may vary depending on the country and account information you provide. Stripe may, at its sole discretion, combine the Sponsored Developer Payment with any other Sponsored Developer Payments that may be owed to you in connection with the Program.
·All references to currency are in USD. If you are outside of the United States, we may convert USD to the local currency of your address for payment, using our then-current conversion rates.
·You will be responsible for specifying the terms and conditions regarding any refunds, if any, to your Sponsors. In no event shall GitHub be responsible for providing any support for refunds, nor shall GitHub be liable for payment of any refund.
·To receive Sponsored Developer Payments, you must provide us with complete and accurate financial, tax, and banking information that we request (for example, by means of account creation or setup, or otherwise). We will notify you, by any means of communication, of changes to what information is required. If you fail to accurately provide (or accurately maintain) such information, (a) we can deduct from your Sponsored Developer Payment any related bank fees, and (b) we can terminate these Additional Terms and you may forfeit any Sponsored Developer Payments owed to you in connection with the Program.
·If you are paid through Stripe Connect, the following additional terms apply to your usage of GitHub Sponsors: Full service agreement
·Applies to Sponsored Developer Accounts registered in Australia, Austria, Belgium, Canada, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States.
·Payment processing services for Sponsored Developer Accounts on GitHub Sponsors are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a Sponsored Developer Account on GitHub Sponsors, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of GitHub enabling payment processing services through Stripe, you agree to provide GitHub accurate and complete information about you and your business, and you authorize GitHub to share it and transaction information related to your use of the payment processing services provided by Stripe. Recipient service agreement
·Applies to Sponsored Developer Accounts in all other countries.
·We use Stripe to make payouts to Sponsored Developer Accounts. The Stripe Recipient Agreement applies to your receipt of such payouts. To receive payouts from GitHub Sponsors, you must provide us accurate and complete information about you and your business, and you authorize us to share it and transaction information related to your payout with Stripe.
·Sponsored Developer acknowledges and agrees that:
·(a) All payment processing, fund custody, and payment distribution functions are performed solely by Stripe;
·(b) GitHub does not receive, hold, control, transmit, or distribute Sponsored Developer Payments;
·(c) GitHub has no responsibility or liability for any failure, delay, error, or omission by Stripe in processing or distributing payments;
·(d) Any disputes, claims, or issues regarding payment processing must be resolved directly with Stripe in accordance with the Stripe Terms;
·(e) GitHub makes no representations or warranties regarding the performance of Stripe's payment processing services or the safety of funds held by Stripe.
·GitHub's role is limited to:
·GitHub does not and cannot: Guarantee the receipt of any payment
·Sponsored Developer represents and warrants that:
·YOU EXPLICITLY AGREE THAT SECTIONS O (DISCLAIMER OF WARRANTIES), P (LIMITATION OF LIABILITY), AND Q (RELEASE AND INDEMNIFICATION) OF THE AGREEMENT APPLY TO THESE ADDITIONAL TERMS.
·These Additional Terms commence on the Effective Date and remain in effect as long as you participate in the Program.
·GitHub may suspend your Sponsored Developer Account immediately if you violate these Additional Terms or the Agreement in any way, or if you are placed on a restricted trade list or located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC). Failure to correct or cure the cause for suspension may result in the termination of your Sponsored Developer Account.
·Either party may terminate these Additional Terms and your Sponsored Developer Account at any time with or without cause, with or without notice. If you breach these Additional Terms or the Agreement, we may, but are not obligated to, offer you a period of time to cure the breach.
·If either Party terminates under Section 5.3, Stripe's sole obligation will be to process and remit to Sponsored Developer the amount of the Sponsored Developer Payment accrued up until the date of termination, unless such payments are prohibited by law.
·GitHub will identify Projects based on the Sponsor's dependencies for which investment is available at Explore GitHub Sponsors. Sponsor shall invest in Projects in its sole discretion, including which Projects it sponsors and the amount of its sponsorship.
·GitHub will provide the Sponsor the ability to create an invoice to add funds to their account balance for the purpose of investing in the Projects it so chooses.
·GitHub will provide Sponsor with a dashboard reflecting their total sponsorship amount and balance.
·Sponsors may provide Feedback to GitHub regarding the Program. Feedback is voluntary and is not Sponsor Confidential Information, even if designated as such. GitHub may fully exercise and exploit such Feedback for any purpose.
·Sponsor may create an invoice to add funds for deposit into the Stripe Account managed and controlled by Stripe for the purpose of investing in Projects. GitHub will issue an invoice to Sponsor upon completion of the invoice creation form. Sponsor will pay the Fees set forth in each invoice in full, without deduction or set-off of any kind, within thirty (30) days of the GitHub invoice date. Amounts reflected on each Invoice and which are payable under this Agreement are non-refundable except as may be provided in the Stripe Terms. Upon payment, funds are transferred directly to and held by Stripe in the Stripe Account. GitHub does not receive, hold, or possess Sponsor funds. All fund custody, safeguarding, and distribution is performed by Stripe pursuant to the Stripe Terms.
·An additional service fee ("Service Fee") of 3% per transaction will be deducted from Sponsor's account to cover GitHub's administrative costs associated with offering the Program. If payment is made via credit card, an additional 3% fee will be applied.
·Sponsor is solely responsible for all taxes, fees, duties and governmental assessments (except for taxes based on GitHub's net income) that are imposed or become due in connection with this Agreement.
·This Agreement is effective for a period of one year commencing on the Effective Date, unless terminated earlier, as set forth below. Unless terminated as set forth herein, this Agreement will automatically renew for additional annual terms.
·If there is no active invoice pending, either party may terminate this Agreement on thirty (30) days' prior written notice.
·GitHub provides the Sponsor Program "AS IS" and "AS AVAILABLE," and GitHub expressly disclaims all warranties, whether express, implied or statutory, regarding the Service, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
·GitHub specifically disclaims any responsibility, liability, or warranty regarding:
·(a) The processing, transmission, holding, safeguarding, or distribution of funds by Stripe;
·(b) The security, safety, or availability of funds held in Stripe accounts;
·(c) The accuracy, timeliness, or completeness of payment processing by Stripe;
·(d) Any failure, delay, error, or omission by Stripe in processing or distributing payments;
·(e) The insolvency, bankruptcy, or business failure of Stripe or any bank or financial institution holding Stripe funds;
·(f) Any loss, theft, misappropriation, or unauthorized access to funds held by Stripe;
·(g) Any acts, omissions, representations, or warranties made by Stripe.
·All matters relating to payment processing and fund transfers are governed solely by the Stripe Terms. Sponsors and Sponsored Developers acknowledge that they rely on Stripe, not GitHub, for all payment processing services.
·To the maximum extent permitted by applicable law, in no event will either party be liable to the other party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products arising out of or in connection with this Agreement, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not a party has been advised of the possibility of such damages.
·To the maximum extent permitted by applicable law, in no event will either party's total cumulative liability under this Agreement from all causes of action and all theories of liability exceed the Fees Sponsor has actually paid to GitHub during the twelve month period immediately preceding the event triggering potential liability.
·The terms and conditions of this Agreement are the Confidential Information of both parties. Neither party will use Confidential Information provided by the other party hereunder, except as permitted by this Agreement.
·GitHub may issue press releases, blog posts, social media posts, and/or other public communication related to Sponsor's (with Sponsor's permission) or Sponsored Developer's participation in the Program. Other than as necessary for such use, GitHub shall acquire no rights to use or refer to, or interest in, such Sponsor's logo, name or names under this Agreement.
·Notices or communications under this Agreement will be made in writing (email to suffice) to the individual identified on the applicable account. Notices will be deemed received one (1) business day after delivery, if sent by email, and three (3) business days after delivery, if sent via registered mail.
·This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflict of law, and any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California.
·Neither party may assign or otherwise transfer this Agreement, in whole or in part, without the other party's prior written consent (not to be unreasonably withheld or delayed), and any attempt to do so will be null and void.
·If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the parties will modify this Agreement to give effect to such provision and the remaining provisions will continue in full force and effect.
·This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the parties, regarding such subject matter. This Agreement may only be amended by a writing signed by both parties that references this Agreement.
·We reserve the right, at our sole discretion, to amend these Additional Terms at any time. We will notify you of material changes to these Additional Terms, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. Your continued participation in the Program constitutes agreement to our revisions of these Additional Terms. You can view all changes to these Terms in our Site Policy repository.