·GitHub General Privacy Statement

·In this article

·GitHub Privacy Statement

·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.

·End User Notice: Organization-Provided GitHub Accounts

·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:

• ·Manage and administer your GitHub account, including adjusting privacy settings.
• ·Access and utilize your Personal Data, which includes details on how you use the Services, as well as your content and files.

·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.

·Third Party Access and Data Protection

·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 We Collect

·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:

·From You

• ·Account Data: We collect certain information when you open an account such as your GitHub handle, name, email address, password, payment information and transaction information.
• ·User Content and Files: When you use our Services, we collect Personal Data included as part of the information you provide such as code, inputs, AI outputs, text, documents, images, or feedback.
• ·Demographic information: In some cases, you provide us with ethnicity, gender, or similar demographic details.
• ·Feedback Data: This consists of information you submit through surveys, reviews, or interactive features.
• ·Payment Information: For paid subscriptions, we collect details like name, billing address, and payment specifics.
• ·Profile Information: We collect information to create a user profile, which may include a photo, additional email addresses, job title, or biography.
• ·Sales and Marketing Data: This includes information provided for promotional communications, such as name, email address, and company name.
• ·Support Data: When you seek customer support, we collect details like code, text, or multimedia files.

·Automatically

• ·Buttons, Tools, and Content from Other Companies: Our Services may contain links or buttons that lead to third-party services like Twitter or LinkedIn. Use of these features may result in data collection. Engaging with these buttons, tools, or content may automatically send certain browser information to these companies. Please review the privacy statements of these companies for more information.
• ·Essential Cookies and Similar Tracking Technologies: We use cookies and similar technologies to provide essential functionality like storing settings and recognizing you while using our Services.
• ·Non-essential Cookies: Depending on your jurisdiction, we may use online analytics products that use cookies to help us analyze how de-identified users use our Services and to enhance your experience when you use the Services. We may also employ third-party Cookies to gather data for interest-based advertising. In some jurisdictions, we only use non-essential cookies after obtaining your consent. See this section for more details and control options.
• ·Email Marketing Interactions: Our emails may have web beacons that offer information on your device type, email client, email reception, opens, and link clicks.
• ·Geolocation Information: Depending on the Service's functionality, we collect regional geolocation data.
• ·Service Usage Information: We collect data about your interactions with the Services, such as IP address, device information, session details, date and time of requests, device type and ID, operating system and application version, information related to your contributions to repositories, and performance of specific features or Services.
• ·Website Usage Data: We automatically log data about your Website interactions, including the referring site, date and time of visit, pages viewed, and links clicked.

·From Third Parties

• ·Information from Other Users of the Services: Other users may share information about you when they submit issues and comments. We may also receive information about you if you are identified as a representative or administrator on your company's account.
• ·Publicly Available Sources: We may acquire information about you from publicly available sources.
• ·Services you linked to your GitHub account: When you or your administrator integrate third-party apps or services with our Services, we receive information based on your settings with those services. This can include details like your name and email from services like Google for authentication. The information we receive depends on the third-party's settings and privacy policies. Always review these to understand what data is shared with our Services.
• ·Vendors, Partners, and Affiliates: We may receive information about you from third parties, like vendors, resellers, partners, or affiliates for the purposes outlined in this statement.

·Processing Purposes: How We Use Your Personal Data

·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:

• ·Business Operations: We use Personal Data for activities like billing, accounting, and compensation. This includes creating aggregated statistical data for internal reporting, financial reporting, revenue planning, capacity planning, and forecast modeling (including product strategy).
• ·Communication: We use Personal Data to inform you about new Services, features, offers, promotions, and other pertinent information. This also includes sending confirmations, invoices, technical notices, updates, security alerts, and administrative messages.
• ·Inference: We generate new information from other data we collect to derive likely preferences or other characteristics. For instance, we infer your general geographic location based on your IP address.
• ·Personalization: We use Personal Data to customize the Service to your preferences, to evaluate the effectiveness of enterprise business ads and promotional communications, and to ensure a seamless and consistent user experience.
• ·Safety and Security: To promote safety, integrity, and security across our Services, we process Personal Data, using both automated and, at times, manual techniques for abuse detection, prevention, and violations of terms of service.
• ·Service Provision: We use Personal Data to deliver and update our Services as configured and used by You, and to make ongoing personalized experiences and recommendations.
• ·Troubleshooting: We use Personal Data to identify and resolve technical issues.
• ·Ongoing Service Performance: Personal Data helps us keep the Services up to date and performant, and meet user productivity, reliability, efficacy, quality, privacy, accessibility and security needs.
• ·Product Development and Improvement: We use Personal Data to develop and improve our products, services, and technologies, including artificial intelligence and machine learning technologies. This includes improving features, developing new offerings, enhancing safety and security capabilities, and training models. We apply appropriate technical safeguards, including aggregation and de-identification techniques where feasible, to protect your privacy while enabling these improvements.
• ·Complying with and resolving legal obligations: including responding to Data Subject Requests for Personal Data processed by GitHub as Controller (for example website data), tax requirements, agreements and disputes.
• ·Delivering Professional Services: We use Personal Data to deliver training, consulting or implementation ("Professional Services"). This includes providing technical support, professional planning, advice, guidance, data migration, deployment, and solution/software development services.
• ·Improving Professional Services: Enhancing delivery, efficacy, quality, and security of Professional Services and the underlying product(s) based on issues identified while providing Professional Services, including fixing software defects, and otherwise keeping the Professional Services up to date and performant.

·When carrying out these activities, GitHub practices data minimization and uses the minimum amount of Personal Information required.

·Sharing of Personal Data

·We may share Personal Data with the following recipients:

• ·Abuse and Fraud Prevention Entities: We may disclose Personal Data based on a good faith belief it is needed to prevent fraud, abuse, or attacks on our Services, or to protect the safety of GitHub and our users.
• ·Affiliates: Personal Data may be shared with GitHub affiliates, including Microsoft, to facilitate customer service, marketing and advertising, order fulfillment, billing, technical support, legal and compliance obligations, product development and improvement (including training and improving artificial intelligence and machine learning technologies), and for other purposes described in their respective privacy statements. When we share data with affiliates, they will process it in accordance with applicable law and their privacy commitments.
• ·GitHub Organization Accounts: If an organization adds you to their GitHub account, we might share Personal Data with that organization to fulfill the commercial relationship. In such a case, your use of the Services is protected by a data protection agreement and terms between your organization and GitHub
• ·Competent Authorities: We may disclose Personal Data to authorized law enforcement, regulators, courts, or other public authorities in response to lawful requests or to protect our rights and safety. Please refer to our Guidelines for Legal Requests of User Data for more information.
• ·Corporate Transaction Entities: we might disclose Personal Data within the limits of the law and in accordance with this Privacy Statement for strategic business transactions such as sales or a merger.
• ·Partners and Resellers: We cooperate with third-parties that offer sales, consulting, support, and technical services for our Services. We may share your data with these partners and resellers where allowed, and with your consent when required.
• ·Subprocessors and Service Providers: We may use vendors to provide services on our behalf, including hosting, marketing, advertising, social, analytics, support ticketing, credit card processing, or security services. They are bound by contractual obligations to ensure the security, privacy, and confidentiality of your information. Please visit GitHub Subprocessors to see our list of Subprocessors.
• ·Visual Studio Code (GitHub Codespaces): GitHub Codespaces and github.dev offer Visual Studio Code in a web browser, where some telemetry is collected by default. Details on telemetry collection are on the VS Code website. To opt out, go to File > Preferences > Settings in the top left menu of VS Code. Opting out will sync this preference across all future web sessions in GitHub Codespaces and github.dev.
• ·Other Third-party Applications: Upon your instruction, we may share Personal Data with third-party applications available on our Marketplace. You are responsible for the data you instruct us to share with these applications.
• ·Other Users and the Public: Depending on your account settings, we may share Personal Data with other users of the Services and the public. You control what information is made public. To adjust your settings, visit User Settings in your profile. Please be aware that any information you share in a collaborative context may become publicly accessible.

·Private repositories: GitHub Access

·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.

·Lawful Bases for Processing Personal Data (Applicable to EEA and UK End Users)

·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:

• ·Contractual Necessity: Processing is required to fulfill our contractual duties to you, in accordance with the GitHub Terms of Service.
• ·Legal Obligation: We process data when it's necessary to comply with applicable laws or to protect the rights, safety, and property of GitHub, our affiliates, users, or third parties.
• ·Legitimate Interests: We process data for purposes that are in our legitimate interests, such as securing our Services, communicating with you, and developing and improving our Services, which include artificial intelligence and machine learning technologies. This is done only when these interests are not overridden by your data protection rights or your fundamental rights and freedoms.
• ·Consent: We process data when you have explicitly consented to such processing. When we rely on consent as the legal basis, you have the right to withdraw your consent for data processing at any time. The procedures for withdrawal are detailed in this Statement and available on our website.

·Your Privacy Rights

·Depending on your residence location, you may have specific legal rights regarding your Personal Data:

• ·The right to access the data collected about you
• ·The right to request detailed information about the specific types of Personal Data we've collected over the past 12 months, including data disclosed for business purposes
• ·The right to rectify or update inaccurate or incomplete Personal Data under certain circumstances
• ·The right to erase or limit the processing of your Personal Data under specific conditions
• ·The right to object to the processing of your Personal Data, as allowed by applicable law
• ·The right to withdraw consent, where processing is based on your consent
• ·The right to receive your collected Personal Data in a structured, commonly used, and machine-readable format to facilitate its transfer to another company, where technically feasible

·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.

·International data transfers

·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.

·Data Privacy Framework (DPF)

·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.

·Dispute resolution process

·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.

·Government Enforcement

·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.

·Security and Retention

·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.

·Security

·GitHub uses administrative, technical, and physical security controls where appropriate to protect your Personal Data.

·Contact Us

·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

·Information for Minors

·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.

·Changes to Our Privacy Statement

·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.

·Translations

·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.

·French

·Cliquez ici pour obtenir la version française: Déclaration de confidentialité de GitHub (PDF).

·Other translations

·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."

·Our use of cookies and tracking technologies

·Cookies and tracking technologies

·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.

·What are cookies and similar technologies?

·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.

·How do we and our partners use cookies and similar technologies?

·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

·What are your cookie choices and controls?

·You have several options to disable non-essential cookies:

• 1Specifically 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.

·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.

• 2Generally for all websites You can control the cookies you encounter on the web using a variety of widely-available tools. For example:
• ·If your browser sends a Do Not Track (DNT) signal, GitHub will not set non-essential cookies and will not load third party resources which set non-essential cookies.
• ·Many browsers provide cookie controls which may limit the types of cookies you encounter online. Check out the documentation for your browser to learn more.
• ·If you enable a browser extension designed to block tracking, such as Privacy Badger, non-essential cookies set by a website or third parties may be disabled.
• ·If you enable a browser extension designed to block unwanted content, such as uBlock Origin, non-essential cookies will be disabled to the extent that content that sets non-essential cookies will be blocked.
• ·You may use the Global Privacy Control (GPC) to communicate your privacy preferences. If GitHub detects the GPC signal from your device, GitHub will not share your data (we do not sell your data). To learn more, visit Global Privacy Control - Take Control Of Your Privacy
• ·Advertising controls. Our advertising partners may participate in associations that provide simple ways to opt out of ad targeting, which you can access at: United States: NAI and DAA
• ·Canada: Digital Advertising Alliance of Canada
• ·Europe: European Digital Advertising Alliance

·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.

·US State Specific Information

·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."

·Privacy Rights

·These rights are common to the US State privacy laws:

• ·Right to Knowledge and Correction: You have the right to request details on the specific personal information we've collected about you and the right to correct inaccurate information. You can exercise this right by contacting us. You can also access and edit basic account information in your settings.
• ·Right to Know Data Recipients: We share your information with service providers for legitimate business operations, such as data storage and hosting. For more details, please see "Sharing Your Information" below.
• ·Right to request Deletion: You reserve the right to request the deletion of your data, barring a few exceptions. Such exceptions include circumstances where we are required to retain data to comply with legal obligations, detect fraudulent activity, investigate reports of abuse or other violations of our Terms of Service, or rectify security issues. Upon receiving your verified request, we will promptly delete your personal information (unless an exception applies), and instruct our service providers to do the same. We employ brief retention terms by design.
• ·Right to a Timely Response: You are allowed to make two free requests in any 12-month period. We commit to responding to your request within 45 days. In complex cases, we may extend our response time by an additional 45 days.
• ·Non-Discrimination: We will not hold it against you when you exercise any of your rights. On the contrary, we encourage you to review your privacy settings closely and contact us with any questions.

·Notice of Collection of Personal Information

·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.

·Exercising your Privacy Rights

·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.

·California

·Mandatory Disclosures

·We also make the following disclosures for purposes of compliance with California privacy law:

• ·We collected the following categories of personal information in the last 12 months: identifiers/contact information, demographic information (such as gender), payment card information associated with you, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above.
• ·The sources of personal information from whom we collected are: directly from you, automatically or from third parties.
• ·The business or commercial purposes of collecting personal information are as summarized above and in our Privacy Statement under Processing Purposes.
• ·We disclosed the following categories of personal information for a business purpose in the last 12 months: identifiers/contact information, demographic information (such as gender and rough geographic location), payment information, commercial information, Internet or other electronic network activity information, geolocation data, audio, electronic, visual or similar information, and inferences drawn from the above. We disclosed each category to third-party business partners and service providers, third-party sites or platforms such as social networking sites, and other third parties as described in the Sharing of Personal Data section of our Privacy Statement.
• ·As defined by applicable law, we "shared" the following categories of personal information in the last 12 months: identifiers/contact information, Internet or other electronic network activity information, and inferences drawn from the above. We shared each category to or with advertising networks, data analytics providers, and social networks.
• ·The business or commercial purpose of sharing personal information is to assist us with marketing, advertising, and audience measurement.
• ·We do not "sell" or "share" the personal information of known minors under 16 years of age.

·Shine the Light Act

·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.

·Removal of Content

·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.

·Colorado/Connecticut/Virginia

·If you live in Colorado, Connecticut, or Virginia you have some additional rights:

• ·If we deny your rights request, you have the right to appeal that decision. We will provide you with the necessary information to submit an appeal at that time.
• ·You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. GitHub does not engage in such profiling as defined by Colorado law, so there's no need to opt out.

·Nevada

·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.

·GitHub Terms of Service

·In this article

·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.

·Summary

·The GitHub Terms of Service

·Effective date: April 27, 2026

·A. Definitions

·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.

• 1An "Account" represents your legal relationship with GitHub. A "Personal Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on GitHub. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A Personal Account can be a member of any number of Organizations.
• 2The "Agreement" refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service" or the "Terms") and all other operating rules, policies (including the GitHub Privacy Statement, available at github.com/site/privacy) and procedures that we may publish from time to time on the Website. Most of our site policies are available at docs.github.com/categories/site-policy.
• 3"AI Feature" means any feature of GitHub or our Affiliates that uses machine learning or artificial intelligence to generate Output, including GitHub Copilot, Copilot Autofix, and any other feature identified as using machine learning or artificial intelligence in our documentation.
• 4"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means having more than fifty percent (50%) ownership or the right to direct the management of the entity. For the avoidance of doubt, Microsoft is an Affiliate of GitHub.
• 5"Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.
• 6"Content" means code, text, data, documentation, images, graphics, software, packages, and other materials made available through the Service.
• 7"GitHub," "We," and "Us" refer to GitHub, Inc., as well as our directors, subsidiaries, contractors, licensors, officers, agents, and employees.
• 8"Input" means any content or context provided to an AI Feature, including prompts, attachments, code in your workspace, and conversation history.
• 9"Output" means responses and suggestions, including code or other material, generated by an AI Feature.
• 10The "Service" refers to the applications, software, products, and services provided by GitHub, including through the Website and any Beta Previews.
• 11"User," "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 13 years of age. Special terms may apply for business or government Accounts (See Section B(5): Additional Terms).
• 12"User-Generated Content" means Content that you or other users upload, submit, or create through the Service.
• 13The "Website" refers to GitHub's website located at github.com, and all content, services, and products provided by GitHub at or through the Website. It also refers to GitHub-owned subdomains of github.com, such as education.github.com and pages.github.com. These Terms also govern GitHub's conference websites, such as githubuniverse.com, and product websites, such as electronjs.org. Occasionally, websites owned by GitHub may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
• 14"Your Content" means User-Generated Content that you upload, submit, or create, including your modifications to Content you have forked or cloned. It does not include the underlying Content created by others.

·B. Account Terms

·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.

11. Account Controls

• ·Users. Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it.
• ·Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization's data and projects. An Organization may have multiple owners, but there must be at least one Personal Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.

22. Required Information

·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.

33. Account Requirements

·We have a few simple rules for Accounts on GitHub's Service.

• ·You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts:
• ·A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free Personal Account.
• ·One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
• ·You must be age 13 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. GitHub does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User's Account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
• ·Your login may only be used by one person - i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many Personal Accounts as your subscription allows.
• ·You may not use GitHub in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use GitHub if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency. GitHub may allow persons in certain sanctioned countries or territories to access certain GitHub services pursuant to U.S. government authorizations. For more information, please see our Export Controls policy.

44. Account Security

·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.

• ·You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
• ·You are responsible for maintaining the security of your Account and password. GitHub cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• ·You will promptly notify GitHub by contacting us through the GitHub Support portal if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

55. Additional Terms

·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.

100C. Acceptable Use

·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.

·D. User-Generated Content

·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.

11. Responsibility for User-Generated Content

·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.

22. GitHub May Remove 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.

33. Ownership and License Grants

·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.

44. License Grant to Us

·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.

55. License Grant to Other Users

·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.

66. Contributions Under Repository License

·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.

77. Moral Rights

·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.

88. Public Repositories and Lawful Access

·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.

99. Access Reciprocity

·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).

·E. Private Repositories

·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.

11. Control of Private Repositories

·Some Accounts may have private repositories, which allow the User to control access to Content.

22. Confidentiality of Private Repositories

·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.

33. Access

·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:

• ·for security purposes;
• ·for automated scanning or manual review for known vulnerabilities, active malware, or other content known to violate our Terms of Service;
• ·to assist the repository owner with a support matter;
• ·to maintain the integrity of the Service; or
• ·to comply with our legal obligations if we have reason to believe the contents are in violation of the law.

·You may choose to enable additional access to your private repositories. For example:

• ·You may enable various GitHub services or features that require additional rights to Your Content in private repositories. These rights may vary depending on the service or feature, but GitHub will continue to treat your private repository Content as confidential. If those services or features require rights in addition to those we need to provide the GitHub Service, we will provide an explanation of those rights.
• ·If you provide your private repository content as Input to AI Features, we may use that Input to provide, develop, train, and improve the Service, including AI Features. Your ability to opt out under Section J.3 applies to this use of private repository content. We will not otherwise use your private repository contents to develop or improve the Service.

·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.

·F. Copyright Infringement and DMCA Policy

·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.

·G. Intellectual Property Notice

·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.

11. GitHub's Rights to Content

·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.

22. GitHub Trademarks and Logos

·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.

33. License to GitHub Policies

·This Agreement is licensed under this Creative Commons Zero license. For details, see our site-policy repository.

·H. API Terms

·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.

1I. GitHub Additional Product Terms

·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.

·J. AI Features, Training, and Your Data

11. Applicability

·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.

22. Ownership

·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.

33. Development and Improvement Using Your Input and Output

·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).

44. Disclaimers

·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.

55. Your Responsibility and Indemnity

·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.

·K. Beta Previews

·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.

11. Subject to Change

·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.

22. Confidentiality

·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.

33. Feedback

·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.

50L. 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.

11. Pricing

·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.

22. Upgrades, Downgrades, and Changes

• ·We will immediately bill you when you upgrade from the free plan to any paying plan.
• ·If you change from a monthly billing plan to a yearly billing plan, GitHub will bill you for a full year at the next monthly billing date.
• ·If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
• ·You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account. Please see our section on Cancellation for information on getting a copy of that Content.

33. Billing Schedule; No Refunds

·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.

44. Authorization

·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.

55. Responsibility for Payment

·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.

·M. Cancellation and Termination

·Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.

11. Account Cancellation

·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.

22. Upon Cancellation

·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.

33. 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.

44. 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 liability.

·N. Communications with GitHub

·Short version: We use email and other electronic means to stay in touch with our users.

11. Electronic Communication Required

·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.

22. Legal Notice to GitHub Must Be in Writing

·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.

33. No Phone Support

·GitHub only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

·O. Disclaimer of Warranties

·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.

·P. Limitation of Liability

·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

• ·the use, disclosure, or display of your User-Generated Content;
• ·your use or inability to use the Service;
• ·any modification, price change, suspension or discontinuance of the Service;
• ·the Service generally or the software or systems that make the Service available;
• ·unauthorized access to or alterations of your transmissions or data;
• ·statements or conduct of any third party on the Service;
• ·any other user interactions that you input or receive through your use of the Service; or
• ·any other matter relating to the Service.

·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.

·Q. Release and Indemnification

·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.

·R. Changes to These Terms

·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.

·S. Miscellaneous

11. 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.

22. Non-Assignability

·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.

33. Section Headings and Summaries

·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.

44. Severability, No Waiver, and Survival

·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.

55. Amendments; Complete 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.

66. Questions

·Questions about the Terms of Service? Contact us through the GitHub Support portal.

·GitHub Sponsors Additional Terms

·In this article

·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.

11. Definitions.

·"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.

·1A. Payment Processing by Stripe.

·1A.1 Stripe as Payment Processor.

·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.

·1A.2 Direct Relationship with Stripe.

·(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

• ·All other applicable Stripe policies and terms (collectively, "Stripe Terms")

·(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.

·1A.3 GitHub's Limited Role.

·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:

• ·Act as a money transmitter, payment processor, or financial institution
• ·Hold, possess, or have control over Sponsor or Sponsored Developer funds
• ·Transmit, transfer, or distribute money between parties
• ·Guarantee, insure, or take responsibility for funds held by Stripe

·Terms For Sponsored Developer

11. Acceptable Use.

1.11.1. GitHub Sponsors Program

·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:

• ·Fraud, ransom, violations of intellectual property, or other illegal purposes;
• ·Misrepresentation or deception related to the reasons you're raising funds or requesting sponsorship;
• ·The purchase or sale of ICOs, utility tokens, or other types of cryptocurrency;
• ·The purchase or sale of securities, equity, or other types of investment offers;
• ·The sale of personal information, or the processing of personal information in violation of any laws;
• ·Lotteries, raffles, gambling, pyramid schemes, self-dealing, "get rich quick schemes", deceptive marketing schemes, "donation for donation" schemes, or any attempts to game GitHub's or third parties' systems or services; and,
• ·Activities with, in, or involving countries, regions, governments, persons, or entities that are not permitted under U.S. and other economic sanctions under applicable law.

1.21.2. GitHub Sponsors Matching Fund

·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.

1.2.11.2.1. Matching Fund Terms.

·Eligibility for the GitHub Sponsors Matching Fund is evaluated on a case-by-case basis and is subject to the following limitations:

• ·You must have a GitHub account, be accepted into the Program as an individual, and be actively contributing to OSS. Please note, GitHub does not allow operating more than one free personal account. As such, matching is available on an individual basis and will not be approved across multiple accounts.
• ·Your use of GitHub and your Sponsored Developer Account must be, based on our determination, in our sole discretion, in accordance with the GitHub Sponsors mission to expand the opportunities to contribute to open source that upholds the GitHub Community Guidelines.
• ·You cannot receive matching for any sponsorship that originates from a user or organization account with a published GitHub Sponsors profile.
• ·GitHub reserves the right to withhold or rescind Matching Fund money and block any user from participation in the GitHub Sponsors Matching Fund for any reason, including but not limited to posting content or projects that GitHub determines are offensive or otherwise objectionable.

1.2.21.2.2. Matching Period.

·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.

• ·If a Sponsorship or Sponsoring Subscription stops for any reason, the associated matching will stop as well. Funds that are charged back to the Sponsor before the Sponsored Developer Payment date are not eligible for matching.
• ·If you leave GitHub Sponsors and rejoin later, the gap between your participation periods may count toward your matching period or your matching period may expire.
• ·If GitHub discovers a potential policy violation, prior to payment of any matching funds granted during the matching period, GitHub may disable payouts until an investigation has been completed, and matched funds contributed to the sponsored developer may be revoked if they are found to be in violation of this policy.
• ·GitHub may contact GitHub Sponsors applicants or participants for additional information regarding their sponsorship profile or activity to determine eligibility for sponsorship or matching, or as part of investigating potential terms violations.

22. Sponsored Developer Obligations.

2.12.1. General.

·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.

2.22.2. Registration.

·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.

2.32.3. Content Monetization.

·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.

2.3.12.3.1. Subscriptions.

·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.

2.3.22.3.2. Other Sponsorships.

·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.

2.3.32.3.3. Advertising.

·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.

33. Financial Terms.

3.13.1. Payment.

·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.

3.23.2. Sponsored Developer Payment Exclusions.

·The following amounts are not included in Sponsored Developer Payments, or may be withheld by GitHub, as applicable.

3.2.13.2.1. Sponsored Developer Expenses.

·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.

3.2.23.2.2. Taxes.

·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.

3.2.33.2.3. Withholding of Sponsored Developer Payment for Breach.

·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.

3.33.3. Payment Timing.

·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.

• ·For first payments, Stripe will process and remit to you via Stripe Connect all Sponsored Developer Payments 60 days after the first sponsorship is initiated, subject to the variables below. This probation period is applied to all Sponsored Developer Accounts and helps ensure the integrity of the program. Payments thereafter will be remitted within 30 days of the close of that month, in accordance with this section.
• ·If you are paid through Stripe Connect, you will receive payouts on the 22nd of the month for the balance accrued since the last payout, regardless of the amount of the balance. Payout initiation dates vary by country, and can change from month to month due to public holidays, weekends, and other factors. When the payout is a cross-border payout, a minimum payout amount may apply. For more information, see Receiving payouts in the Stripe documentation.
• ·If you are paid through ACH transfer or wire transfer, you will receive payouts on the third Thursday of the month. Stripe will issue a payout to you for any month that your balance reaches $100 USD. Contributions from the GitHub Sponsors Matching Fund do not count towards this threshold. If your balance is below $100 at the end of the month, the balance will accrue until the next time your balance is above the threshold at the end of the month. If you leave GitHub Sponsors, Stripe will issue a payout for your remaining balance even if the balance is below $100.
• ·Payments from Pooled Funds. For Sponsored Developers participating in a SOSS Fund or similar pooled funding mechanism, the payment timing and process remains as described above. When a Sponsorship is allocated to you from a Fund Profile: The allocation will draw from the pooled funds held and controlled by Stripe; Upon confirmation of the Sponsorship allocation by GitHub, funds will be transferred by Stripe to your Stripe Connect account immediately, subject to standard Stripe Connect settlement timing as determined by Stripe pursuant to the Stripe Terms; The same payout schedule, payment methods, and bank account requirements apply as for non-pooled Sponsorships and are determined by Stripe pursuant to the Stripe Terms. GitHub does not control the timing, method, or execution of payments from Stripe to Sponsored Developers. All payment processing is subject to the Stripe Terms.
• ·After termination, Stripe will process and remit to you via Stripe Connect all Sponsored Developer Payments received and unpaid within approximately 90 days after the end of the calendar month in which we recognize that these Additional Terms have been terminated.

3.43.4. Payment Method.

·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.

3.53.5. Currency.

·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.

3.63.6. Refund Requirements.

·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.

3.73.7. Requested Payment Information.

·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.

3.83.8. Stripe Connect

·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.

3.93.9. No GitHub Liability for Payment Processing.

3.9.13.9.1 Stripe's Sole Responsibility.

·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.

3.9.23.9.2 Limitation of GitHub's Role.

·GitHub's role is limited to:

• ·Facilitating the connection between Sponsors and Sponsored Developers
• ·Communicating payment instructions and allocation decisions to Stripe
• ·Displaying payment and balance information provided by Stripe

·GitHub does not and cannot: Guarantee the receipt of any payment

• ·Control the timing or method of payment by Stripe
• ·Recover funds from Stripe in the event of Stripe's failure or insolvency
• ·Provide insurance, bonding, or other protection for funds held by Stripe

44. Representations and Warranties; Limitation of Liability; Indemnification.

4.14.1. By Sponsored Developer.

·Sponsored Developer represents and warrants that:

• ·You have the authority to enter into and fully perform these Additional Terms;
• ·Your execution and performance of these Additional Terms will not violate any other agreement or obligation between you and any third party;
• ·Sponsored Developer Content does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property;
• ·You will comply with all laws and regulations, and your Sponsored Developer Content is not illegal and does not violate any laws or regulations.

4.24.2. Disclaimer of Warranties; Limitation of Liability; Indemnification.

·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.

55. Term and Termination.

5.15.1. Term.

·These Additional Terms commence on the Effective Date and remain in effect as long as you participate in the Program.

5.25.2. Suspension.

·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.

5.35.3. Termination.

·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.

5.45.4. Effect of Termination.

·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.

·Terms for Sponsors

11. Sponsors Program.

1.11.1 Description.

·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.

1.21.2 Invoice creation.

·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.

1.31.3 Dashboard.

·GitHub will provide Sponsor with a dashboard reflecting their total sponsorship amount and balance.

1.41.4 Feedback.

·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.

22. Payment.

2.12.1. Payment.

·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.

2.22.2. Fees.

·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.

2.32.3. Taxes.

·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.

33. Term and Termination.

3.13.1. Term.

·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.

3.23.2. Termination.

·If there is no active invoice pending, either party may terminate this Agreement on thirty (30) days' prior written notice.

44. Disclaimer; Limitation of Liability.

4.14.1. Disclaimer.

·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.

4.14.1A. Payment Processing Disclaimer.

·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.

4.24.2. Limitation of Liability.

4.2.14.2.1. Exclusion of Indirect Damages.

·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.

4.2.24.2.2. Limitation of Total Liability.

·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.

·General Program Terms (apply to both Sponsors and Sponsored Developers)

·A. Confidentiality.

·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.

·B. Publicity.

·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.

100C. Notices.

·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.

·D. Governing Law.

·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.

·E. Assignment.

·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.

·F. Severability.

·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.

·G. Entire Agreement.

·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.

·H. Changes to the Terms.

·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.