Github Terms Github Terms Of Service (GitHub)

Open Legal LibraryUpdated 26 Oct 2025

The GitHub Terms of Service is the master agreement governing use of GitHub.com—including account requirements, content ownership and licenses, acceptable use, payment/cancellation, and liability limits. It’s the official, legally binding policy published by GitHub, making it the authoritative source for users’ rights and obligations on the platform.

Other names:Terms & ConditionsT&CsTerms of UseUser Agreement

[company name] Terms of Service

Thank you for using [company name]! We're happy you're here. Please read this Terms of Service agreement carefully before accessing or using [company name]. 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

Section

What can you find there?

Definitions

Some basic terms, defined in a way that will help you understand this agreement. Refer back up to this section for clarification.

Account Terms

These are the basic requirements of having an Account on [company name].

Acceptable Use

These are the basic rules you must follow when using your [company name] Account.

User-Generated Content

You own the content you post on [company name]. However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.

Private Repositories

This section talks about how [company name] will treat content you post in private repositories.

Copyright & DMCA Policy

This section talks about how [company name] will respond if you believe someone is infringing your copyrights on [company name].

Intellectual Property Notice

This describes [company name]'s rights in the website and service.

API Terms

These are the rules for using [company name]'s APIs, whether you are using the API for development or data collection.

Additional Product Terms

We have a few specific rules for [company name]'s features and products.

Beta Previews

These are some of the additional terms that apply to [company name]'s features that are still in development.

Payment

You are responsible for payment. We are responsible for billing you accurately.

Cancellation and Termination

You may cancel this agreement and close your Account at any time.

Communications with [company name]

We only use email and other electronic means to stay in touch with our users. We do not provide phone support.

Disclaimer of Warranties

We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.

Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.

Release and Indemnification

You are fully responsible for your use of the service.

Changes to these Terms of Service

We may modify this agreement, but we will give you 30 days' notice of material changes.

Miscellaneous

Please see this section for legal details including our choice of law.

The [company name] Terms of Service

Effective date: [effective date]

Definitions

This is a preview. The full template is free on GitLaw.

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About this template

What is this template?

This is a platform terms of service specifically for developer tools and code hosting. It contains detailed provisions for repository 'forking' and 'inbound=outbound' licensing that are absent from general SaaS terms. It is not a Master Service Agreement (MSA) for enterprise procurement.

When should you use it?

Use this when launching a collaborative software platform where users host content and interact via APIs. Use a Software License Agreement instead if the software is being installed locally on a customer's own hardware.

What's inside

ClauseNameWhat it does
Section B.3Account RequirementsRestricts account creation to humans aged 13 or older and prohibits users from maintaining more than one free account.
Section D.4License Grant to UsGrants the provider rights to host, archive, parse, and display User-Generated Content to provide and improve the service.
Section E.2Confidentiality of Private RepositoriesObliges the provider to protect private repository contents with a reasonable degree of care and treat them as confidential.
Section HAPI TermsProhibits the use of tokens to exceed rate limitations and bans downloading data for spamming recruiters or headhunters.
Section K.3Payment Based on PlanMandates advance billing on a monthly or yearly basis and expressly declares all payments to be non-refundable.
Section L.1Account CancellationRequires the User to cancel via the global navigation settings, explicitly stating that email or phone requests are invalid.
Section R.1Governing LawSubmits the agreement to federal laws of the United States and the laws of the State of California.

Who it's for

  • a software hosting company managing public and private code repositories
  • a platform operator providing API access for third-party developers
  • a service provider requiring a standard DMCA takedown procedure
  • an entity charging subscription fees for tiered software-as-a-service features

How long it runs and how it's signed

How long
Runs until someone ends it
Notice to end it
effective immediately
Survives the end
ownership provisions, warranty disclaimers, indemnity, limitations of liability

Law it's drafted under

Refers to
Digital Millennium Copyright Act

United States note

This version is drafted for US law generally. Contract, employment and consumer rules vary by state — for example on non-competes and at-will employment. Tell GitLaw which state applies and it adjusts the draft.

Jurisdiction
United States of America
Source
Github Terms Github Terms Of Service (GitHub)
from GitHub
Document info
HTML document. Document created on Mon Oct 6th, 2025. Last updated on Sun Oct 26th, 2025.
This document is public
Licensed under CC BY 4.0 (Attribution).
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