GitHub AE was deprecated in July 2022. A copy of the Product Specific Terms for customers on legacy agreements was kept on the Customer Terms page for a 2-year transition window until July 2024, and has now been removed. If you need a copy of the GitHub AE Product Specific Terms, please contact us.

Preamble: Deleted "or a Microsoft volume licensing agreement" from the first sentence

Preamble: Inserted "If you purchase GitHub under a Microsoft agreement, this document does not apply to you. Your use of GitHub Copilot is instead governed by your Microsoft Product Terms."

Section 1: Inserted "GitHub Copilot includes tools for your code editor, as well as optional tools that can be used through a command- line interface, web browser, or mobile device." as the first sentence, and added "within your code editor" to the second sentence

Section 1: Deleted the last sentence

Section 2: Deleted "does not claim any ownership rights in" and replaced with "does not own"

Section 3: In the last sentence, deleted "all" and replaced with "the"

Section 4: Deleted "Block" and replaced with "Blocked"

Section 6: This section has been reformatted to accommodate new products (e.g. Copilot Enterprise) and new features to existing products (e.g. customization settings). The prior Section 6 terms are now split across subsections (A), (B)(3), and (C), with new subsections (B)(1) and (B)(2) inserted for the new products and features.

Section 7: This is a new section related to Copilot Labs and other pre-release Copilot services

Definitions ("Code" and "Your Code"): Deleted "extension in a code editor"

Definitions ("General Terms"): Deleted "or Microsoft equivalent, such as the Microsoft Business & Services Agreement"

Definitions ("Prompts"): Inserted "including data you submit through a chat interface"

Section 4: At the end of the first sentence, inserted ", including to the Suggestions you receive."

Section 4: deleted subsection (i)

Section 6: Before the last sentence, inserted "If you have instructed GitHub otherwise, through purchasing or opting in to optional features or products that use alternative data processing such as custom private language models, those instructions will apply with respect to your use of those optional features or products."

The GitHub DPA has been completely rewritten from the ground up, based on your feedback that our old DPA was, to quote one particular customer, "a mess."

Our new DPA is –

• Simpler: We have deleted language that was redundant, irrelevant, or outdated. We then simplified the terms that were left. The end result is a document that is (hopefully!) much easier to read and to understand.

• Shorter: The simplification effort enabled us to make the document 64% shorter too. The May 2022 version of our DPA was 18,928 words in 9-point font spanning 47 pages; the new DPA is a svelte 6,759 words in 12-point font spanning just 22 pages.

• Stronger: Even with the smaller size, we filled several gaps from the previous DPA. For example, Professional Services are now in the DPA scope instead of in a separate document. We also added EU SCC modules for more processing scenarios, such as when you process your customers' data and use GitHub as a subprocessor.

This September 2023 version of the GitHub DPA will apply to new customers and renewals beginning 22 September 2023. If your agreement uses an older GitHub Data Protection Agreement and you need a copy for your records, please contact us.

Preamble: Inserted "or" after "the GitHub Customer Agreement's General Terms,"

Section 1: Deleted "an integrated development environment (IDE) or editor" and replaced with "your code editor"

Section 4: In subsection (ii), deleted "all filtering features" and rewrote the section to read "(ii) you have not set the Duplicate Detection filtering feature available in GitHub Copilot to its 'Block' setting"

Section 4: After subsection (ii), inserted "You can learn how to enable the Duplicate Detection filter at gh.io/cfb-dd."

Section 6: Deleted "snippets of Your Code" and replaced with "an encrypted Prompt", and deleted "IDE" and replaced with "code editor", rewriting the first sentence to now read "GitHub Copilot sends an encrypted Prompt from your code editor to GitHub to provide Suggestions to you."

Section 6: Deleted "Code snippets data" and replaced with "Prompts", and deleted "discarded" and replaced with "deleted", rewriting the second sentence to now read "Prompts are transmitted only to generate Suggestions in real-time and are deleted once Suggestions are generated."

Section 6: Added "Prompts are not used for any other purpose, including the training of language models. Prompts are encrypted during transit and are not stored at rest."

Section 6: Deleted "Copilot for Business" from the last sentence, and replaced the long URL to GitHub's privacy policies with a short URL to the same location

Section 7: In the definition for Acceptable Use Policies, replaced the long URL to the policies with a short URL to the same location

Section 7: In the definition for Code, deleted "an IDE or editor" and replaced with "a code editor"

Section 7: In the definition for Data Protection Agreement, replaced the long URL to the DPA with a short URL to the same location

Section 7: In the definition for General Terms, deleted "Microsoft Enterprise Agreement" and replaced with "Microsoft Business & Services Agreement"

Section 7: Added a definition for "Prompt"

Section 1: Deleted the word "Policy" and replaced with "Policies".

Section 7: Revised the definition of "Data Protection Agreement" to delete references to the GitHub Addendum to Microsoft DPA. Please see the March 2023 terms update for more information on the de-listing of the Addendum following its March 2021 deprecation.

Section 7: Revised the definition of "General Terms" to delete the reference to the Microsoft Enterprise Agreement and replace it with a reference to the Microsoft Business & Services Agreement.

Section 7: Revised the definition of "SLA" to correct the link where the SLA is located.

Section 7: Revised the definition of "Data Protection Agreement" to delete references to the GitHub Addendum to Microsoft DPA. Please see the March 2023 terms update for more information on the de-listing of the Addendum following its March 2021 deprecation.

Section 7: Revised the definition of "General Terms" to delete the reference to the Microsoft Enterprise Agreement and replace it with a reference to the Microsoft Business & Services Agreement.

Section 7: Revised the definition of "SLA" to correct the link where the SLA is located.

Section 4: Deleted the sentence containing a dollar limit for the defense of third party claims, and replaced it with "If your Agreement provides for the defense of third party claims, that provision will apply to your use of GitHub Copilot."

Section 4: Deleted subsection (ii) and re-numbered subsection (iii) accordingly.

GitHub is retroactively providing the benefits of these updated terms to all Copilot for Business customers, even if they have already agreed to the previous more-restrictive terms. If you need a signed copy memorializing this update, please contact us.

The Addendum was deprecated in March 2021, and removed from the Microsoft Product Terms for GitHub Offerings at that time. A copy for customers on legacy agreements was kept on the Customer Terms page for a 2-year transition window until March 2023, and has now been removed. If you need a copy of the Addendum, please contact us.

Introduction: Capitalized the O in Orders.

Section 1.5: Added "but not limited to."

Section 1.12: Added "optional" to the first sentence. Changed "maybe" to "may be" and added "as long as the Customer’s confidential information remains confidential" in the second sentence.

Section 2: Added subsection (a): "Customer fails to update their Product to the newest release".

Section 6.3: Added "subject to the limitations set out in Section 7 ("Limitation of liability")" to the introductory clause.

Section 7.1(b): The maximum liability was changed to $500.00

Section 7.1(d): "(except for liability related to Customer Content, which is subject to the above limitation for Products);" was deleted and replaced with "unrelated to Customer Content."

Sections 9.4 and 9.5: were swapped with each other. The language did not change.

Section 10.10: Added "Customer shall ensure its contact for notices is up-to-date at least annually."

Definitions: Defined Order. "Order” means the method by which Customer acquires its license to use a Product.