Github Terms Github Marketplace Developer Agreement (GitHub)
This agreement outlines the terms and conditions for developers to participate in the GitHub Marketplace, enabling them to list and distribute their software applications to end users. It details the responsibilities of developers, including data privacy, intellectual property, and payment processing for paid products, while also defining GitHub's operational role and rights within the marketplace.
GitHub Marketplace Developer Agreement
These terms and conditions (the "Agreement") govern your participation in GitHub’s Marketplace. By enrolling to participate in the Marketplace or by clicking “I Accept” below, you are confirming that you understand this agreement, and that you accept all of its terms and conditions. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this agreement, in which case “You” will mean the entity you represent.
Effective Date: May 27, 2025
DEFINITIONS
Capitalized terms utilized in this Agreement and not defined shall otherwise have the meaning provided in the GitHub Terms of Service located at https://docs.github.com/articles/github-terms-of-service. Those Terms of Service are referred to as the “Terms” or “ToS”.
"Action" means a workflow that allows you to implement custom logic to perform a particular task with GitHub without having to create an application.
“Brand Features” means the trademarks and similar intellectual property of each party.
"Developer" or "You" means the company or individual who has created the Developer Application.
"Developer Application" or "Developer Product" means the software, related content and other digital materials created by You for use in connection with GitHub and accessible via Marketplace. This includes Actions, GitHub Copilot Extensions, and other applications or products that use or interact with generative artificial intelligence (AI) technology.
“End User” means any person, company or other legal entity that will acquire licenses to a Developer Product via the GitHub Marketplace.
“GitHub API” means any proprietary application programming interface developed by GitHub, and includes the GitHub Copilot API. Access to and use of a GitHub API is governed by the ToS.
“GitHub Marketplace” or “Marketplace” means the proprietary online marketplace site operated by GitHub where Developer Products may be delivered to End Users.
“Listing” means the content provided for listing the Developer Product on GitHub Marketplace.
“Taxes” means any tax, of any kind or sort regardless of origin, including interest or penalties thereon.
“Token” means the credentials Developer must obtain to access a GitHub API.
“Usage Data” means Marketplace related data generated in connection with End User use of GitHub Marketplace and licensure of Developer Products, including but not limited to usage statistics and aggregated sales data. Usage Data does not include and specifically excludes banking and payment information.
PURPOSE AND LICENSE GRANT
This Agreement sets forth the terms that govern a Developer publishing Listings on GitHub Marketplace for End Users to use Developer Products. This Agreement is applicable to all Developer Products, regardless if distributed for free or for a fee. Developer agrees to use the GitHub Marketplace solely for the purposes permitted by this Agreement. Developer is solely responsible for its Developer Products.
Developer grants to GitHub a non-exclusive, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to process the Listing in any fashion (including testing and displaying it on Marketplace), and to display Developer’s Brand Features in connection with Marketplace.
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