Create GitHub Copilot Extensions Developer Policy

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@ -22,57 +22,57 @@ You are responsible for using the Service in compliance with all applicable laws
We do not allow content or activity on GitHub that:
- is unlawful or promotes unlawful activities;
* is unlawful or promotes unlawful activities;
- is [sexually obscene](/site-policy/acceptable-use-policies/github-sexually-obscene-content) or relates to sexual exploitation or abuse, including of minors;
* is [sexually obscene](/site-policy/acceptable-use-policies/github-sexually-obscene-content) or relates to sexual exploitation or abuse, including of minors;
- is libelous, defamatory, or fraudulent;
* is libelous, defamatory, or fraudulent;
- is [discriminatory or abusive](/site-policy/acceptable-use-policies/github-hate-speech-and-discrimination) toward any individual or group;
* is [discriminatory or abusive](/site-policy/acceptable-use-policies/github-hate-speech-and-discrimination) toward any individual or group;
- is [false, inaccurate, or intentionally deceptive information](/site-policy/acceptable-use-policies/github-misinformation-and-disinformation) and likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);
* is [false, inaccurate, or intentionally deceptive information](/site-policy/acceptable-use-policies/github-misinformation-and-disinformation) and likely to adversely affect the public interest (including health, safety, election integrity, and civic participation);
- [harasses or abuses](/site-policy/acceptable-use-policies/github-bullying-and-harassment) another individual or group, including our employees, officers, and agents, or other users;
* [harasses or abuses](/site-policy/acceptable-use-policies/github-bullying-and-harassment) another individual or group, including our employees, officers, and agents, or other users;
- [threatens or incites violence](/site-policy/acceptable-use-policies/github-threats-of-violence-and-gratuitously-violent-content) toward any individual or group, especially on the basis of who they are;
* [threatens or incites violence](/site-policy/acceptable-use-policies/github-threats-of-violence-and-gratuitously-violent-content) toward any individual or group, especially on the basis of who they are;
- [gratuitously depicts or glorifies violence](/site-policy/acceptable-use-policies/github-threats-of-violence-and-gratuitously-violent-content), including violent images; or
* [gratuitously depicts or glorifies violence](/site-policy/acceptable-use-policies/github-threats-of-violence-and-gratuitously-violent-content), including violent images; or
- is off-topic, or interacts with platform features in a way that significantly or repeatedly [disrupts the experience of other users](/site-policy/acceptable-use-policies/github-disrupting-the-experience-of-other-users).
* is off-topic, or interacts with platform features in a way that significantly or repeatedly [disrupts the experience of other users](/site-policy/acceptable-use-policies/github-disrupting-the-experience-of-other-users).
## 3. Intellectual Property, Authenticity, and Private Information
We do not allow content or activity on GitHub that:
- infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right;
* infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right;
- unlawfully shares unauthorized product licensing keys, software for generating unauthorized product licensing keys, or software for bypassing checks for product licensing keys, including extension of a free license beyond its trial period;
* unlawfully shares unauthorized product licensing keys, software for generating unauthorized product licensing keys, or software for bypassing checks for product licensing keys, including extension of a free license beyond its trial period;
- [impersonates any person or entity](/site-policy/acceptable-use-policies/github-impersonation), including any of our employees or representatives, including through false association with GitHub, or by fraudulently misrepresenting your identity or site's purpose; or
* [impersonates any person or entity](/site-policy/acceptable-use-policies/github-impersonation), including any of our employees or representatives, including through false association with GitHub, or by fraudulently misrepresenting your identity or site's purpose; or
- [violates the privacy of any third party](/site-policy/acceptable-use-policies/github-doxxing-and-invasion-of-privacy), such as by posting another person's personal information without consent.
* [violates the privacy of any third party](/site-policy/acceptable-use-policies/github-doxxing-and-invasion-of-privacy), such as by posting another person's personal information without consent.
## 4. Spam and Inauthentic Activity on GitHub
We do not allow content or activity on GitHub that is:
- automated excessive bulk activity and coordinated inauthentic activity, such as
- spamming
- cryptocurrency mining;
- bulk distribution of promotions and advertising prohibited by GitHub terms and policies;
- inauthentic interactions, such as fake accounts and automated inauthentic activity;
- rank abuse, such as automated starring or following;
- creation of or participation in secondary markets for the purpose of the proliferation of inauthentic activity;
- using GitHub as a platform for propagating abuse on other platforms;
- phishing or attempted phishing; or
- using our servers for any form of excessive automated bulk activity, to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- incentivized by (or incentivizes inauthentic engagement with) rewards such as cryptocurrency airdrops, tokens, credits, gifts or other give-aways.
* automated excessive bulk activity and coordinated inauthentic activity, such as
* spamming
* cryptocurrency mining;
* bulk distribution of promotions and advertising prohibited by GitHub terms and policies;
* inauthentic interactions, such as fake accounts and automated inauthentic activity;
* rank abuse, such as automated starring or following;
* creation of or participation in secondary markets for the purpose of the proliferation of inauthentic activity;
* using GitHub as a platform for propagating abuse on other platforms;
* phishing or attempted phishing; or
* using our servers for any form of excessive automated bulk activity, to place undue burden on our servers through automated means, or to relay any form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
* incentivized by (or incentivizes inauthentic engagement with) rewards such as cryptocurrency airdrops, tokens, credits, gifts or other give-aways.
## 5. Site Access and Safety
We do not allow content or activity on GitHub that:
- directly supports [unlawful active attack or malware campaigns](/site-policy/acceptable-use-policies/github-active-malware-or-exploits) that are causing technical harms — such as using our platform to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or
- uses our servers to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network. Please note, activities permitted under bug bounty programs, such as the [GitHub Bug Bounty program](https://bounty.github.com), are not considered “unauthorized,” but must only affect the organization whose bug bounty program authorized the activity.
* directly supports [unlawful active attack or malware campaigns](/site-policy/acceptable-use-policies/github-active-malware-or-exploits) that are causing technical harms — such as using our platform to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or
* uses our servers to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network. Please note, activities permitted under bug bounty programs, such as the [GitHub Bug Bounty program](https://bounty.github.com), are not considered “unauthorized,” but must only affect the organization whose bug bounty program authorized the activity.
## 6. Services Usage Limits
@ -82,8 +82,8 @@ You will not reproduce, duplicate, copy, sell, resell or exploit any portion of
You may use information from our Service for the following reasons, regardless of whether the information was scraped, collected through our API, or obtained otherwise:
- Researchers may use public, non-personal information from the Service for research purposes, only if any publications resulting from that research are [open access](https://en.wikipedia.org/wiki/Open_access).
- Archivists may use public information from the Service for archival purposes.
* Researchers may use public, non-personal information from the Service for research purposes, only if any publications resulting from that research are [open access](https://en.wikipedia.org/wiki/Open_access).
* Archivists may use public information from the Service for archival purposes.
Scraping refers to extracting information from our Service via an automated process, such as a bot or webcrawler. Scraping does not refer to the collection of information through our API. Please see Section H of our [Terms of Service](/site-policy/github-terms/github-terms-of-service#h-api-terms) for our API Terms.

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@ -21,7 +21,7 @@ Being part of a community includes not taking advantage of other members of the
To facilitate a path to abuse resolution with project maintainers themselves, prior to escalation to GitHub abuse reports, we recommend, but do not require, that repository owners take the following steps when posting potentially harmful security research content:
- Clearly identify and describe any potentially harmful content in a disclaimer in the projects README.md file or source code comments.
- Provide a preferred contact method for any 3rd party abuse inquiries through a SECURITY.md file in the repository (e.g. "Please create an issue on this repository for any questions or concerns"). Such a contact method allows 3rd parties to reach out to project maintainers directly and potentially resolve concerns without the need to file abuse reports.
* Clearly identify and describe any potentially harmful content in a disclaimer in the projects README.md file or source code comments.
* Provide a preferred contact method for any 3rd party abuse inquiries through a SECURITY.md file in the repository (e.g. "Please create an issue on this repository for any questions or concerns"). Such a contact method allows 3rd parties to reach out to project maintainers directly and potentially resolve concerns without the need to file abuse reports.
_GitHub considers the npm registry to be a platform used primarily for installation and run-time use of code, and not for research._

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@ -14,10 +14,10 @@ While the majority of interactions between individuals in GitHubs community f
Both Appeals and Reinstatements may arise in relation to decisions to disable or limit access to content or an account, including decisions whether or not to:
- Remove, disable access to, or restrict visibility of content
- Suspend or terminate access to an account
- Suspend or terminate access to the service, in whole or in part
- Suspend, terminate or otherwise restrict the ability to monetize content
* Remove, disable access to, or restrict visibility of content
* Suspend or terminate access to an account
* Suspend or terminate access to the service, in whole or in part
* Suspend, terminate or otherwise restrict the ability to monetize content
A “Reinstatement” is where a user wishes to regain access to their account or content and is willing to make any necessary changes to address the violation and agrees not to violate our terms going forward.

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@ -13,11 +13,11 @@ redirect_from:
We do not tolerate harassment, bullying, or abuse of any kind, whether directly or by encouraging others to take part in the prohibited conduct. This includes:
- Targeted personal attacks
- Piling on to or orchestrating [disruptive](/site-policy/acceptable-use-policies/github-disrupting-the-experience-of-other-users) activity in a way that amounts to abuse
- Following another user around the platform in a manner that causes intimidation
- Making sexual advances or comments directed at another individual
- Disingenuously participating in conversation in a way that instigates conflict or undermines sincere discussion
- Creating alternative accounts specifically to evade moderation action taken by GitHub staff or users
* Targeted personal attacks
* Piling on to or orchestrating [disruptive](/site-policy/acceptable-use-policies/github-disrupting-the-experience-of-other-users) activity in a way that amounts to abuse
* Following another user around the platform in a manner that causes intimidation
* Making sexual advances or comments directed at another individual
* Disingenuously participating in conversation in a way that instigates conflict or undermines sincere discussion
* Creating alternative accounts specifically to evade moderation action taken by GitHub staff or users
Please note, not all unwelcome conduct is necessarily considered harassment. For example, disagreeing with another user or downvoting their comments may not rise to the level of harassment on our platform. In addition, sharing criticism of public figures or projects, or topics of public interest, does not necessarily fall under this policy. However, we encourage you to be mindful in how you engage with other users and the platform, as this activity may still violate our restriction on disrupting the experience of other users.

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@ -15,12 +15,12 @@ Being part of a community includes recognizing how your behavior affects others
We do not allow behavior that significantly or continually disrupts the experience of other users. This includes:
- Posting off-topic comments
- Opening empty or meaningless issues or pull requests
- Starring and/or following accounts or repositories in large volume in a short period of time
- Creating nonsensical or irrelevant code reviews
- Engaging with platform features in a way that causes excessive notifications for other users
- Using any other platform feature in a way that creates disruption
* Posting off-topic comments
* Opening empty or meaningless issues or pull requests
* Starring and/or following accounts or repositories in large volume in a short period of time
* Creating nonsensical or irrelevant code reviews
* Engaging with platform features in a way that causes excessive notifications for other users
* Using any other platform feature in a way that creates disruption
While we encourage maintainers to moderate their own projects on an individual basis, GitHub staff may take further restrictive action against accounts that are engaging in these types of behaviors.

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@ -13,15 +13,15 @@ redirect_from:
Don't post other people's personal information. This includes:
- Personal, private email addresses
- Phone numbers
- Physical addresses or other private location information
- Bank account information or credit card numbers
- Social Security/National Identity numbers
- Passwords
- Voter information
- Medical information and personal biometric data
- Other private information that may pose a safety or security risk
* Personal, private email addresses
* Phone numbers
* Physical addresses or other private location information
* Bank account information or credit card numbers
* Social Security/National Identity numbers
* Passwords
* Voter information
* Medical information and personal biometric data
* Other private information that may pose a safety or security risk
We may consider other information, such as photos or videos that were taken or distributed without the subject's consent, to be an invasion of privacy, especially when such material presents a safety risk to the subject, such as in the case of intimidation or harassment.

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@ -13,12 +13,12 @@ redirect_from:
GitHub does not tolerate speech that attacks or promotes hate toward an individual or group of people on the basis of who they are, including age, body size, ability, ethnicity, gender identity and expression, level of experience, nationality, personal appearance, race, religion, sexual identity, or sexual orientation. This includes:
- Mocking, attacking, or excluding a person or group based on their beliefs or the characteristics listed above
- Displaying clear affiliation or identification with known terrorist or violent extremist organizations
- Supporting or promoting hate groups or hate-based conspiracy theories
- Sharing symbols or images synonymous with hate
- Using harmful stereotypes, slurs, or dehumanizing speech
- Attacking an individual based on their perceived gender
- Dog whistling; or using coded or suggestive language and/or symbols to promote abuse or hate
* Mocking, attacking, or excluding a person or group based on their beliefs or the characteristics listed above
* Displaying clear affiliation or identification with known terrorist or violent extremist organizations
* Supporting or promoting hate groups or hate-based conspiracy theories
* Sharing symbols or images synonymous with hate
* Using harmful stereotypes, slurs, or dehumanizing speech
* Attacking an individual based on their perceived gender
* Dog whistling; or using coded or suggestive language and/or symbols to promote abuse or hate
While GitHub takes all instances of abuse and harassment on the platform seriously, we are especially committed to fighting hate-based abuse where it disproportionately affects communities that have historically been targeted by such abuse. We aim to make GitHub a place where all individuals feel welcome and safe.

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@ -13,12 +13,12 @@ redirect_from:
You may not misrepresent your identity or your association with another person or organization. This includes doing any of the following in a way that misleads or deceives others:
- Copying another user's avatar or other personal profile information
- Posting content under another user's email address
- Using a deceptively similar username, organization name, or other namespace
- Accessing an account or organization with another user's token or credentials
- Otherwise posing as another individual or organization
* Copying another user's avatar or other personal profile information
* Posting content under another user's email address
* Using a deceptively similar username, organization name, or other namespace
* Accessing an account or organization with another user's token or credentials
* Otherwise posing as another individual or organization
Impersonation is a form of harassment and violation of this policy may lead to loss of access to your account.
Please note, having a username similar to another is not necessarily impersonation. GitHub will take context into account. For example, as in cases involving claims of [misinformation or disinformation](/site-policy/acceptable-use-policies/github-misinformation-and-disinformation), we generally allow parody and satire that is in line with our [Acceptable Use Polices](/site-policy/acceptable-use-policies/github-acceptable-use-policies).
Please note, having a username similar to another is not necessarily impersonation. GitHub will take context into account. For example, as in cases involving claims of [misinformation or disinformation](/site-policy/acceptable-use-policies/github-misinformation-and-disinformation), we generally allow parody and satire that is in line with our [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies).

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@ -12,12 +12,12 @@ redirect_from:
---
You may not post content that presents a distorted view of reality, whether it is inaccurate or false (misinformation) or is intentionally deceptive (disinformation), where such content is likely to result in harm to the public or to interfere with fair and equal opportunities for all to take part in a free and open society. This may include:
- Inaccurate or scientifically unsupported medical claims that endanger public health or safety
- Manipulated media, whether audio or visual, likely to mislead or deceive in a way that may harm the public interest
- False or misleading content likely to interfere with an individual's ability to participate in civic activities
- Unsubstantiated claims that could promote hate or targeted harassment of specific groups of people
* Inaccurate or scientifically unsupported medical claims that endanger public health or safety
* Manipulated media, whether audio or visual, likely to mislead or deceive in a way that may harm the public interest
* False or misleading content likely to interfere with an individual's ability to participate in civic activities
* Unsubstantiated claims that could promote hate or targeted harassment of specific groups of people
We encourage active participation in the expression of ideas, perspectives, and experiences and may not be in a position to dispute personal accounts or observations. We generally allow parody and satire that is in line with our [Acceptable Use Polices](/site-policy/acceptable-use-policies/github-acceptable-use-policies), and we consider context to be important in how information is received and understood. When reviewing content under this policy, GitHub will consider the impact of various factors that may help to orient the viewer, such as whether the content has been provided with clear disclaimers, citations to credible sources, or includes other details that clarify the accuracy of the information being shared.
We encourage active participation in the expression of ideas, perspectives, and experiences and may not be in a position to dispute personal accounts or observations. We generally allow parody and satire that is in line with our [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies), and we consider context to be important in how information is received and understood. When reviewing content under this policy, GitHub will consider the impact of various factors that may help to orient the viewer, such as whether the content has been provided with clear disclaimers, citations to credible sources, or includes other details that clarify the accuracy of the information being shared.
## Synthetic & Manipulated Media Tools

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@ -13,8 +13,8 @@ redirect_from:
We do not tolerate content associated with sexual exploitation or abuse of another individual, including where minors are concerned. We do not allow sexually themed or suggestive content that serves little or no purpose other than to solicit an erotic or shocking response, particularly where that content is amplified by its placement in profiles or other social contexts. This includes:
- Pornographic content
- Non-consensual intimate imagery
- Graphic depictions of sexual acts including photographs, video, animation, drawings, computer-generated images, or text-based content
* Pornographic content
* Non-consensual intimate imagery
* Graphic depictions of sexual acts including photographs, video, animation, drawings, computer-generated images, or text-based content
We recognize that not all nudity or content related to sexuality is obscene. We may allow visual and/or textual depictions in artistic, educational, historical or journalistic contexts, or as it relates to victim advocacy. In some cases a disclaimer can help communicate the context of the project. However, please understand that we may choose to limit the content by giving users the option to opt in before viewing.

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@ -15,8 +15,8 @@ redirect_from:
You may not use GitHub to organize, promote, encourage, threaten, or incite acts of violence. You may not post content that depicts or glorifies violence or physical harm against human beings or animals. This includes:
- Threatening another individual or group with abuse, harm, sexual violence, or death
- Posting text, imagery, or audio content glorifying or containing a graphic depiction of violence toward oneself, another individual, group, or animal
- Encouraging another individual to engage in self harm
* Threatening another individual or group with abuse, harm, sexual violence, or death
* Posting text, imagery, or audio content glorifying or containing a graphic depiction of violence toward oneself, another individual, group, or animal
* Encouraging another individual to engage in self harm
We do not allow violent content to be posted indiscriminately or in a way that is difficult for other users to avoid, such as a profile avatar or an issue comment. However, we understand there may be legitimate reasons to post violent content, such as for educational or documentary purposes, creative works, or depictions of historical events. In those cases, a clear warning or disclaimer can help users make an educated decision as to whether or not they want to engage with such content. Still, GitHub may decide to limit the visibility of such content to those who choose to opt in.

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@ -49,7 +49,7 @@ Here are the basic steps in the process.
1. **Copyright Owner Investigates.** A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on GitHub is unauthorized and infringing. This includes confirming that the use is not protected as [fair use](https://www.lumendatabase.org/topics/22). A particular use may be fair if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because code naturally lends itself to such uses, each use case is different and must be considered separately.
> **Example:** An employee of Acme Web Company finds some of the company's code in a GitHub repository. Acme Web Company licenses its source code out to several trusted partners. Before sending in a take-down notice, Acme should review those licenses and its agreements to confirm that the code on GitHub is not authorized under any of them.
1. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.
1. **Copyright Owner Sends A Notice.** After conducting an investigation, a copyright owner prepares and sends a [takedown notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to GitHub. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the [how-to guide](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)), we will [post the notice](#e-transparency) to our [public repository](https://github.com/github/dmca) and pass the link along to the affected user.
1. **GitHub Asks User to Make Changes.** If the notice alleges that the entire contents of a repository infringe, or a package infringes, we will skip to Step 6 and disable the entire repository or package expeditiously. Otherwise, because GitHub cannot disable access to specific files within a repository, we will contact the user who created the repository and give them approximately 1 business day to delete or modify the content specified in the notice. We'll notify the copyright owner if and when we give the user a chance to make changes. Because packages are immutable, if only part of a package is infringing, GitHub would need to disable the entire package, but we permit reinstatement once the infringing portion is removed.
@ -59,7 +59,7 @@ Here are the basic steps in the process.
1. **GitHub May Disable Access to the Content.** GitHub will disable a user's content if: (i) the copyright owner has alleged copyright over the user's entire repository or package (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to _revise_ the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.
1. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#d-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.
1. **User May Send A Counter Notice.** We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a [counter notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). As with the original notice, we will make sure that the counter notice is sufficiently detailed (as explained in the [how-to guide](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)). If it is, we will [post it](#e-transparency) to our [public repository](https://github.com/github/dmca) and pass the notice back to the copyright owner by sending them the link.
1. **Copyright Owner May File a Legal Action.** If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued. If the copyright owner does not give GitHub notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, GitHub will re-enable the disabled content.
@ -105,8 +105,8 @@ It is the policy of GitHub, in appropriate circumstances and in its sole discret
## G. Submitting Notices
If you are ready to submit a notice or a counter notice:
- [How to Submit a DMCA Notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)
- [How to Submit a DMCA Counter Notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)
* [How to Submit a DMCA Notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice)
* [How to Submit a DMCA Counter Notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice)
## Learn More and Speak Up
@ -114,11 +114,11 @@ If you poke around the Internet, it is not too hard to find commentary and criti
We don't presume to have all the answers. But if you are curious, here are a few links to scholarly articles and blog posts we have found with opinions and proposals for reform:
- [Unintended Consequences: Twelve Years Under the DMCA](https://www.eff.org/wp/unintended-consequences-under-dmca) (Electronic Frontier Foundation)
- [Statutory Damages in Copyright Law: A Remedy in Need of Reform](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1375604) (William & Mary Law Review)
- [Is the Term of Protection of Copyright Too Long?](https://the1709blog.blogspot.com/2012/11/is-term-of-protection-of-copyright-too.html) (The 1709 Blog)
- [If We're Going to Change DMCA's 'Notice & Takedown,' Let's Focus on How Widely It's Abused](https://www.techdirt.com/articles/20140314/11350426579/if-were-going-to-change-dmcas-notice-takedown-lets-focus-how-widely-its-abused.shtml) (TechDirt)
- [Opportunities for Copyright Reform](https://www.cato-unbound.org/issues/january-2013/opportunities-copyright-reform) (Cato Unbound)
- [Fair Use Doctrine and the Digital Millennium Copyright Act: Does Fair Use Exist on the Internet Under the DMCA?](https://digitalcommons.law.scu.edu/lawreview/vol42/iss1/6/) (Santa Clara Law Review)
* [Unintended Consequences: Twelve Years Under the DMCA](https://www.eff.org/wp/unintended-consequences-under-dmca) (Electronic Frontier Foundation)
* [Statutory Damages in Copyright Law: A Remedy in Need of Reform](https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1375604) (William & Mary Law Review)
* [Is the Term of Protection of Copyright Too Long?](https://the1709blog.blogspot.com/2012/11/is-term-of-protection-of-copyright-too.html) (The 1709 Blog)
* [If We're Going to Change DMCA's 'Notice & Takedown,' Let's Focus on How Widely It's Abused](https://www.techdirt.com/articles/20140314/11350426579/if-were-going-to-change-dmcas-notice-takedown-lets-focus-how-widely-its-abused.shtml) (TechDirt)
* [Opportunities for Copyright Reform](https://www.cato-unbound.org/issues/january-2013/opportunities-copyright-reform) (Cato Unbound)
* [Fair Use Doctrine and the Digital Millennium Copyright Act: Does Fair Use Exist on the Internet Under the DMCA?](https://digitalcommons.law.scu.edu/lawreview/vol42/iss1/6/) (Santa Clara Law Review)
GitHub doesn't necessarily endorse any of the viewpoints in those articles. We provide the links to encourage you to learn more, form your own opinions, and then reach out to your elected representative(s) (e.g., in the [U.S. Congress](https://www.govtrack.us/congress/members) or [E.U. Parliament](https://www.europarl.europa.eu/meps/en/home)) to seek whatever changes you think should be made.

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@ -21,20 +21,20 @@ For the purposes of this document, “private information” refers to content t
### Private information removal requests are appropriate for:
- Access credentials, such as user names combined with passwords, access tokens, or other sensitive secrets that can grant access to your organization's server, network, or domain.
- AWS tokens and other similar access credentials that grant access to a third party on your behalf. You must be able to show that the token does belong to you.
- Documentation (such as network diagrams or architecture) that poses a specific security risk for an organization.
- [Information](/site-policy/acceptable-use-policies/github-doxxing-and-invasion-of-privacy) related to, and posing a security risk to, you as an individual (such as social security numbers or other government identification numbers).
* Access credentials, such as user names combined with passwords, access tokens, or other sensitive secrets that can grant access to your organization's server, network, or domain.
* AWS tokens and other similar access credentials that grant access to a third party on your behalf. You must be able to show that the token does belong to you.
* Documentation (such as network diagrams or architecture) that poses a specific security risk for an organization.
* [Information](/site-policy/acceptable-use-policies/github-doxxing-and-invasion-of-privacy) related to, and posing a security risk to, you as an individual (such as social security numbers or other government identification numbers).
### Private information removal requests are _not_ appropriate for:
- Internal server names, IP addresses, and URLs, on their own. You must be able to show that their use in a particular file or piece of code poses a security threat.
- Mere mentions of your company's identity, name, brand, domain name, or other references to your company in files on GitHub. You must be able to articulate why a use of your company's identity is a threat to your company's security posture.
- Entire files or repositories that do not pose a specific security risk, but you believe are otherwise objectionable.
- Requests to remove content that may infringe your or your organization's copyright rights. If you have questions about how GitHub handles copyright-related matters or would like to report potentially infringing content, please review our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy). The private information removal process is generally not intended for the removal of full files or repositories — only for the specific pieces of private information in those files. While there may be cases where files are filled entirely with private information, you must justify the security risk for the removal of such files, and this may increase the time required to process your request.
- Trademark disputes. If you have questions about how GitHub handles trademark-related matters or would like to report content containing your organization's trade or service marks, please review our [Trademark Policy](/site-policy/content-removal-policies/github-trademark-policy).
- Privacy complaints. If you wish to access, transfer, change, or delete your personal information on GitHub, please contact us via [our Privacy contact form](https://github.com/contact/privacy).
- Content governed by our [Community Guidelines](/site-policy/github-terms/github-community-guidelines), such as malware or general-purpose tools. If you have questions about our Community Guidelines or believe that content on GitHub might violate our guidelines, you can contact us through the {% data variables.contact.contact_support_portal %} to report content.
* Internal server names, IP addresses, and URLs, on their own. You must be able to show that their use in a particular file or piece of code poses a security threat.
* Mere mentions of your company's identity, name, brand, domain name, or other references to your company in files on GitHub. You must be able to articulate why a use of your company's identity is a threat to your company's security posture.
* Entire files or repositories that do not pose a specific security risk, but you believe are otherwise objectionable.
* Requests to remove content that may infringe your or your organization's copyright rights. If you have questions about how GitHub handles copyright-related matters or would like to report potentially infringing content, please review our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy). The private information removal process is generally not intended for the removal of full files or repositories — only for the specific pieces of private information in those files. While there may be cases where files are filled entirely with private information, you must justify the security risk for the removal of such files, and this may increase the time required to process your request.
* Trademark disputes. If you have questions about how GitHub handles trademark-related matters or would like to report content containing your organization's trade or service marks, please review our [Trademark Policy](/site-policy/content-removal-policies/github-trademark-policy).
* Privacy complaints. If you wish to access, transfer, change, or delete your personal information on GitHub, please contact us via [our Privacy contact form](https://github.com/contact/privacy).
* Content governed by our [Community Guidelines](/site-policy/github-terms/github-community-guidelines), such as malware or general-purpose tools. If you have questions about our Community Guidelines or believe that content on GitHub might violate our guidelines, you can contact us through the {% data variables.contact.contact_support_portal %} to report content.
## Things to Know

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@ -21,8 +21,8 @@ Using another's trademark in a way that has nothing to do with the product or se
When we receive reports of trademark policy violations from holders of federal or international trademark registrations, we review the account and may take the following actions:
- When there is a clear intent to mislead others through the unauthorized use of a trademark, GitHub will suspend the account and notify the account holder.
- When we determine that an account appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also release a username for the trademark holder's active use.
* When there is a clear intent to mislead others through the unauthorized use of a trademark, GitHub will suspend the account and notify the account holder.
* When we determine that an account appears to be confusing users, but is not purposefully passing itself off as the trademarked good or service, we give the account holder an opportunity to clear up any potential confusion. We may also release a username for the trademark holder's active use.
## How Do I Report a Trademark Policy Violation?
@ -32,22 +32,22 @@ Holders of registered trademarks can report possible trademark policy violations
In order to investigate trademark policy violations, please provide all of the following information:
- Username of the reported account
- Your company name
- Your company GitHub account (if there is one)
- Company website
- Your trademarked word, symbol, etc.
- Trademark registration number
- Trademark registration office (e.g., USPTO)
- Description of confusion (e.g., passing off as your company, including specific descriptions of content or behavior)
- Requested Action (e.g., removal of violating account or transfer of trademarked username to an existing company account)
- Include the following statement: "I have a good faith belief that use of the trademark described above is not authorized by the trademark owner, or its agent, or the law. I have taken nominative and other fair uses into consideration."
- Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the trademark owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
- Include your physical or electronic signature.
* Username of the reported account
* Your company name
* Your company GitHub account (if there is one)
* Company website
* Your trademarked word, symbol, etc.
* Trademark registration number
* Trademark registration office (e.g., USPTO)
* Description of confusion (e.g., passing off as your company, including specific descriptions of content or behavior)
* Requested Action (e.g., removal of violating account or transfer of trademarked username to an existing company account)
* Include the following statement: "I have a good faith belief that use of the trademark described above is not authorized by the trademark owner, or its agent, or the law. I have taken nominative and other fair uses into consideration."
* Also include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the trademark owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
* Include your physical or electronic signature.
- Note: A federal or international trademark registration number is required. If the name you are reporting is **not** a registered mark (e.g., a government agency or non-profit organization), please let us know:
- Your first and last name
- Title
- Address
- Phone
- Email (must be from company domain)
* Note: A federal or international trademark registration number is required. If the name you are reporting is **not** a registered mark (e.g., a government agency or non-profit organization), please let us know:
* Your first and last name
* Title
* Address
* Phone
* Email (must be from company domain)

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@ -31,9 +31,9 @@ In order to file a counter notice, you must have "a good faith belief that the m
***Copyright Laws Are Complicated.*** <!-- markdownlint-disable-line emphasis-style -->
Sometimes a takedown notice might allege infringement in a way that seems odd or indirect. Copyright laws are complicated and can lead to some unexpected results. In some cases a takedown notice might allege that your source code infringes because of what it can do after it is compiled and run. For example:
- The notice may claim that your software is used to [circumvent access controls](https://www.copyright.gov/title17/92chap12.html) to copyrighted works.
- [Sometimes](https://www.copyright.gov/docs/mgm/) distributing software can be copyright infringement, if you induce end users to use the software to infringe copyrighted works.
- A copyright complaint might also be based on [non-literal copying](https://en.wikipedia.org/wiki/Substantial_similarity) of design elements in the software, rather than the source code itself — in other words, someone has sent a notice saying they think your _design_ looks too similar to theirs.
* The notice may claim that your software is used to [circumvent access controls](https://www.copyright.gov/title17/92chap12.html) to copyrighted works.
* [Sometimes](https://www.copyright.gov/docs/mgm/) distributing software can be copyright infringement, if you induce end users to use the software to infringe copyrighted works.
* A copyright complaint might also be based on [non-literal copying](https://en.wikipedia.org/wiki/Substantial_similarity) of design elements in the software, rather than the source code itself — in other words, someone has sent a notice saying they think your _design_ looks too similar to theirs.
These are just a few examples of the complexities of copyright law. Since there are many nuances to the law and some unsettled questions in these types of cases, it is especially important to get professional advice if the infringement allegations do not seem straightforward.

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@ -32,11 +32,11 @@ As with all legal matters, it is always best to consult with a professional abou
There are a number of reasons why code is different from other creative content. For instance:
- A repository may include bits and pieces of code from many different people, but only one file or even a sub-routine within a file infringes your copyrights.
- Code mixes functionality with creative expression, but copyright only protects the expressive elements, not the parts that are functional.
- There are often licenses to consider. Just because a piece of code has a copyright notice does not necessarily mean that it is infringing. It is possible that the code is being used in accordance with an open-source license.
- A particular use may be [fair-use](https://www.lumendatabase.org/topics/22) if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because code naturally lends itself to such uses, each use case is different and must be considered separately.
- Code may be alleged to infringe in many different ways, requiring detailed explanations and identifications of works.
* A repository may include bits and pieces of code from many different people, but only one file or even a sub-routine within a file infringes your copyrights.
* Code mixes functionality with creative expression, but copyright only protects the expressive elements, not the parts that are functional.
* There are often licenses to consider. Just because a piece of code has a copyright notice does not necessarily mean that it is infringing. It is possible that the code is being used in accordance with an open-source license.
* A particular use may be [fair-use](https://www.lumendatabase.org/topics/22) if it only uses a small amount of copyrighted content, uses that content in a transformative way, uses it for educational purposes, or some combination of the above. Because code naturally lends itself to such uses, each use case is different and must be considered separately.
* Code may be alleged to infringe in many different ways, requiring detailed explanations and identifications of works.
This list isn't exhaustive, which is why speaking to a legal professional about your proposed complaint is doubly important when dealing with code.
@ -58,7 +58,7 @@ GitHub exercises little discretion in the process other than determining whether
1. **Identify the copyrighted work you believe has been infringed.** This information is important because it helps the affected user evaluate your claim and give them the ability to compare your work to theirs. The specificity of your identification will depend on the nature of the work you believe has been infringed. If you have published your work, you might be able to just link back to a web page where it lives. If it is proprietary and not published, you might describe it and explain that it is proprietary. If you have registered it with the Copyright Office, you should include the registration number. If you are alleging that the hosted content is a direct, literal copy of your work, you can also just explain that fact.
1. **Identify the material that you allege is infringing the copyrighted work listed in item #2, above.** It is important to be as specific as possible in your identification. This identification needs to be reasonably sufficient to permit GitHub to locate the material. At a minimum, this means that you should include the URL to the material allegedly infringing your copyright. If you allege that less than a whole repository infringes, identify the specific file(s) or line numbers within a file that you allege infringe. If you allege that all of the content at a URL infringes, please be explicit about that as well.
- Please note that GitHub will _not_ automatically disable [forks](/site-policy/content-removal-policies/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement.
* Please note that GitHub will _not_ automatically disable [forks](/site-policy/content-removal-policies/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork) when disabling a parent repository. If you have investigated and analyzed the forks of a repository and believe that they are also infringing, please explicitly identify each allegedly infringing fork. Please also confirm that you have investigated each individual case and that your sworn statements apply to each identified fork. In rare cases, you may be alleging copyright infringement in a full repository that is actively being forked. If at the time that you submitted your notice, you identified all existing forks of that repository as allegedly infringing, we would process a valid claim against all forks in that network at the time we process the notice. We would do this given the likelihood that all newly created forks would contain the same content. In addition, if the reported network that contains the allegedly infringing content is larger than one hundred (100) repositories and thus would be difficult to review in its entirety, we may consider disabling the entire network if you state in your notice that, "Based on the representative number of forks you have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository." Your sworn statement would apply to this statement.
1. **Explain what the affected user would need to do in order to remedy the infringement.** Again, specificity is important. When we pass your complaint along to the user, this will tell them what they need to do in order to avoid having the rest of their content disabled. Does the user just need to add a statement of attribution? Do they need to delete certain lines within their code, or entire files? Of course, we understand that in some cases, all of a user's content may be alleged to infringe and there's nothing they could do short of deleting it all. If that's the case, please make that clear as well.

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@ -10,10 +10,10 @@ topics:
- Legal
---
GitHub upholds our commitment to ethical business practices, including by prohibiting bribery and corruption. As [Transparency International](https://www.transparency.org/what-is-corruption#costs-of-corruption) explains, the costs of corruption are
- **political**, by posing a major obstacle to democracy and the rule of law
- **economic**, by depleting national wealth
- **social**, by undermining peoples trust in political society, institutions, and leaders
- **environmental**, by facilitating non-enforcement of environmental laws and regulations.
* **political**, by posing a major obstacle to democracy and the rule of law
* **economic**, by depleting national wealth
* **social**, by undermining peoples trust in political society, institutions, and leaders
* **environmental**, by facilitating non-enforcement of environmental laws and regulations.
According to the [World Bank](https://www.worldbank.org/en/topic/governance/brief/anti-corruption) in 2017, businesses and individuals pay an estimated $1.5 trillion in bribes each year.
@ -35,19 +35,19 @@ GitHubs **Gifts and Entertainment Policy** explains that bribery is not permi
## Training for our employees
GitHub employees are required to participate in training on corruption, including bribery. We also provide additional training for particularly relevant people and teams, such as our sales team. The training explains relevant elements of the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act of 2010. For example,
- definition and structural effects of corruption
- who is covered, including
- public officials or others in a position of power
- third parties
- what kind of activity is covered, including
- cash, gifts, travel, and entertainment
- facilitation payments
- charitable contributions and sponsorship
- for what purpose, including
- intent
- improper advantage or influence
- due diligence and red flags
- record-keeping requirements
* definition and structural effects of corruption
* who is covered, including
* public officials or others in a position of power
* third parties
* what kind of activity is covered, including
* cash, gifts, travel, and entertainment
* facilitation payments
* charitable contributions and sponsorship
* for what purpose, including
* intent
* improper advantage or influence
* due diligence and red flags
* record-keeping requirements
In addition, the training covers GitHubs internal policies related to anti-corruption and bribery, including our non-retaliation (whistleblower) policy.
@ -55,5 +55,5 @@ While the U.S. FCPA is focused on interactions with government officials, the U.
## Engaging our Partners
- GitHubs standard **resale agreements with Channel Partners** include mandatory anti-corruption clauses. Going forward, GitHub now requires our Channel Partners to commit to complying with this Anti-Corruption Statement.
- Going forward, GitHubs **vendor contracts** now require a commitment to comply with Microsoft's Supplier Code of Conduct or this Anti-Corruption Statement.
* GitHubs standard **resale agreements with Channel Partners** include mandatory anti-corruption clauses. Going forward, GitHub now requires our Channel Partners to commit to complying with this Anti-Corruption Statement.
* Going forward, GitHubs **vendor contracts** now require a commitment to comply with Microsoft's Supplier Code of Conduct or this Anti-Corruption Statement.

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@ -33,20 +33,20 @@ As for other customers or prospective customers, certain things might seem trivi
🙅 _Here are some other things that aren't ok:_
- First class airfare to GitHub offices for Executive Briefings ✈️+🍾
- Winery tours 🍷
- Recommending a friends kid to a prestigious private school for admission 🎓
- Tickets to Disneyland 👸, the World Cup 🥅, the Olympics 🏅
- A futbol ⚽️ autographed by a famous player
- A contribution to a charity
* First class airfare to GitHub offices for Executive Briefings ✈️+🍾
* Winery tours 🍷
* Recommending a friends kid to a prestigious private school for admission 🎓
* Tickets to Disneyland 👸, the World Cup 🥅, the Olympics 🏅
* A futbol ⚽️ autographed by a famous player
* A contribution to a charity
🙆 _Here is some stuff that is actually ok for customers or prospective customers:_
- Swag
- Economy class airfare to GitHub offices for Executive Briefings ✈️
- Bleacher-type tickets to a sporting event ⚾️
- A reasonably priced dinner in town 🍽
- A small box of chocolates as an end of year thank you 🍫
* Swag
* Economy class airfare to GitHub offices for Executive Briefings ✈️
* Bleacher-type tickets to a sporting event ⚾️
* A reasonably priced dinner in town 🍽
* A small box of chocolates as an end of year thank you 🍫
All of the above applies to _taking_ bribes too. So if a vendor or prospective vendor sends you something “of value,” dont accept it—or at least run it by Legal before you do.
@ -59,8 +59,8 @@ Keep in mind that what's an acceptable amount can vary. For example, spending $5
1. Generally speaking, for any expenses exceeding $150, you'll need approval (each time) from Legal in writing. And for any gifts you receive exceeding $150, you'll need to report that (each time) to Legal in writing. (Legal is just weighing in on the bribery question. You might still need to check with Finance for other reasons.)
1. When you submit your expense report for reimbursement, please:
- Indicate the recipient and the purpose of the gift in the notes; and
- Include a copy of the email approval
* Indicate the recipient and the purpose of the gift in the notes; and
* Include a copy of the email approval
## Consequences

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@ -12,13 +12,13 @@ topics:
_2018 statement_
According to the International Labour Organization (ILO), [40 million people were victims of modern slavery and 152 million children were subject to child labor](https://www.ilo.org/global/about-the-ilo/newsroom/news/WCMS_574717/lang--en/index.htm) globally in 2016. As the [ILO reports](https://www.ilo.org/global/topics/forced-labour/lang--en/index.htm):
- 1 in 4 victims of modern slavery are children.
- Out of the 24.9 million people trapped in forced labour, 16 million people are exploited in the private sector such as domestic work, construction or agriculture; 4.8 million persons in forced sexual exploitation, and 4 million persons in forced labour imposed by state authorities.
- Women and girls are disproportionately affected by forced labour, accounting for 99% of victims in the commercial sex industry, and 58% in other sectors.
* 1 in 4 victims of modern slavery are children.
* Out of the 24.9 million people trapped in forced labour, 16 million people are exploited in the private sector such as domestic work, construction or agriculture; 4.8 million persons in forced sexual exploitation, and 4 million persons in forced labour imposed by state authorities.
* Women and girls are disproportionately affected by forced labour, accounting for 99% of victims in the commercial sex industry, and 58% in other sectors.
GitHub deplores the presence and persistence of modern slavery and child labor, and takes seriously its responsibility to ensure that neither modern slavery nor child labor takes place in its supply chain or in any part of its business. ("Modern slavery" in this statement refers to slavery, forced or compulsory labor, trafficking, servitude, and workers who are imprisoned, indentured, or bonded. "Child labor" refers to work performed by someone under 16 years of age, or under 14 for light work, provided it is not confined to periods that interfere with the child's schooling and not in conditions that interfere with the child's health or well-being.)
In accordance with the [UK Modern Slavery Act](https://www.legislation.gov.uk/ukpga/2015/30/section/54/enacted), and in alignment with the [ILO 2014 Protocol to its Forced Labour Convention](https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:P029), [ILO Declaration on Fundamental Principles and Rights at Work](https://www.ilo.org/declaration/lang--en/index.html), and [United Nations Sustainable Development Goals target 8.7](https://www.unodc.org/roseap/en/sustainable-development-goals.html#:~:text=Target%208.7%20%2D%20Take%20immediate%20and,labour%20in%20all%20its%20forms), this 2018 Statement Against Modern Slavery and Child Labor ("the Statement") describes the steps GitHub has taken to prevent modern slavery and child labor from occurring in its business or supply chain.
In accordance with the [UK Modern Slavery Act](https://www.legislation.gov.uk/ukpga/2015/30/section/54/enacted), and in alignment with the [ILO 2014 Protocol to its Forced Labour Convention](https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:P029), [ILO Declaration on Fundamental Principles and Rights at Work](https://www.ilo.org/ilo-declaration-fundamental-principles-and-rights-work), and [United Nations Sustainable Development Goals target 8.7](https://www.unodc.org/roseap/en/sustainable-development-goals.html#:~:text=Target%208.7%20%2D%20Take%20immediate%20and,labour%20in%20all%20its%20forms), this 2018 Statement Against Modern Slavery and Child Labor ("the Statement") describes the steps GitHub has taken to prevent modern slavery and child labor from occurring in its business or supply chain.
## GitHub's structure, business, and supply chains
@ -29,10 +29,10 @@ All GitHub employees and individual independent contractors are voluntary and at
GitHub does not conduct manufacturing or produce hardware, nor does GitHub use recruitment agencies for the kinds of services often performed by migrant workers. The nature of GitHub's business does not subject it to sudden changes in workload or pricing pressures, which often drive demand for practices that increase the risk of forced labor in supply chains, such as forced overtime.
GitHub offers free and paid software and web-based software as a service to customers all over the world. GitHub's products include:
- GitHub.com: web-based collaboration and code-hosting platform
- GitHub Enterprise: on-premises collaboration and code hosting software
- Electron: framework for writing cross-platform desktop apps
- GitHub Desktop: desktop app for accessing GitHub.com and GitHub Enterprise
* GitHub.com: web-based collaboration and code-hosting platform
* GitHub Enterprise: on-premises collaboration and code hosting software
* Electron: framework for writing cross-platform desktop apps
* GitHub Desktop: desktop app for accessing GitHub.com and GitHub Enterprise
GitHub's supply chain consists of goods and services for our products and operations including computing services, event planning, purchase of retail and promotional items, office supplies, and leasing of facilities such as office space and data centers.
@ -48,7 +48,7 @@ GitHub complies with laws prohibiting trafficking and child labor in the jurisdi
In addition, GitHub established a partnership with the FairHotel Program, which means GitHub encourages its employees to choose FairHotel endorsed hotels-where workers have fair wages, adequate benefits, and a voice on the job. Being a FairHotel partner also signifies that GitHub provides business to hotels as a fair employer.
Going forward, GitHub will communicate this Statement to all employees, contractors, and suppliers, including recruiters and employment agencies. In addition, GitHub is developing training for all GitHub employees on modern slavery and child labor. GitHub [posts its Statement Against Modern Slavery and Child Labor publicly](/site-policy/github-company-policies/github-statement-against-modern-slavery-and-child-labor).
Going forward, GitHub will communicate this Statement to all employees, contractors, and suppliers, including recruiters and employment agencies. In addition, GitHub is developing training for all GitHub employees on modern slavery and child labor. GitHub posts its Statement Against Modern Slavery and Child Labor publicly.
GitHub has a non-retaliation policy for reporting workplace-related concerns. Consistent with this Statement, GitHub allows employees and contractors to report issues regarding modern slavery and child labor without fear of retaliation.
@ -57,21 +57,21 @@ GitHub has a non-retaliation policy for reporting workplace-related concerns. Co
GitHub's labor practices are
**fair**:
- GitHub pays its employees and contractors a fair wage, in accordance with applicable legal wages
- GitHub maintains humane working conditions
- GitHub does not require workers to exceed the maximum hours of daily labor set by local and national laws or regulations
- GitHub pays its employees and contractors in a timely manner, with documentation (such as a pay stub) stating the basis on which they are paid, and keeps employee records in accordance with local and national laws
* GitHub pays its employees and contractors a fair wage, in accordance with applicable legal wages
* GitHub maintains humane working conditions
* GitHub does not require workers to exceed the maximum hours of daily labor set by local and national laws or regulations
* GitHub pays its employees and contractors in a timely manner, with documentation (such as a pay stub) stating the basis on which they are paid, and keeps employee records in accordance with local and national laws
**humane and ethical**:
- GitHub uses only voluntary labor
- GitHub prohibits child labor
- GitHub does not engage in physical discipline or abuse
- GitHub does not tolerate harassment or unlawful discrimination in the workforce or workplace
* GitHub uses only voluntary labor
* GitHub prohibits child labor
* GitHub does not engage in physical discipline or abuse
* GitHub does not tolerate harassment or unlawful discrimination in the workforce or workplace
**respectful**:
- GitHub protects its employees' rights to freedom of association and collective bargaining in accordance with legal requirements, including to post legal notices of employees' rights under the National Labor Relations Act
- GitHub provides benefits to employees at or in excess of levels expected in the industry
- GitHub encourages employees to report any workplace complaint and does not tolerate retaliation for reporting
* GitHub protects its employees' rights to freedom of association and collective bargaining in accordance with legal requirements, including to post legal notices of employees' rights under the National Labor Relations Act
* GitHub provides benefits to employees at or in excess of levels expected in the industry
* GitHub encourages employees to report any workplace complaint and does not tolerate retaliation for reporting
## Due diligence processes in relation to modern slavery and child labor in its business and supply chains
@ -88,17 +88,17 @@ Although GitHub knows of no actual or alleged modern slavery or child labor in i
GitHub complies and will continue to comply with laws related to modern slavery and child labor.
Going forward, GitHub now requires its suppliers to comply with this Statement, as well as laws related to modern slavery and child labor. GitHub now also requires its suppliers to:
- not use, participate in, support, or tolerate modern slavery or child labor
- not use misleading or fraudulent recruitment or engagement practices for employees or contract workers
- not charge employees or contract workers recruitment or engagement fees
- not destroy, conceal, confiscate, or otherwise deny access by an employee or any contract worker to passport, driver's license, or other identity documents;
- allow us to terminate our agreements with them for any violation of its obligations related to modern slavery or child labor; and
- remediate any harms caused to any worker found to be subjected to any form of modern slavery or child labor, if required by law.
* not use, participate in, support, or tolerate modern slavery or child labor
* not use misleading or fraudulent recruitment or engagement practices for employees or contract workers
* not charge employees or contract workers recruitment or engagement fees
* not destroy, conceal, confiscate, or otherwise deny access by an employee or any contract worker to passport, driver's license, or other identity documents;
* allow us to terminate our agreements with them for any violation of its obligations related to modern slavery or child labor; and
* remediate any harms caused to any worker found to be subjected to any form of modern slavery or child labor, if required by law.
In addition, GitHub strongly encourages its suppliers to:
- conduct anti-modern slavery and child labor due diligence processes, including risk assessments, for their suppliers;
- take steps to address risks identified; and
- use similar anti-modern slavery and child labor language with their suppliers.
* conduct anti-modern slavery and child labor due diligence processes, including risk assessments, for their suppliers;
* take steps to address risks identified; and
* use similar anti-modern slavery and child labor language with their suppliers.
GitHub's procurement instructions to employees making company purchases now includes a reference to the requirement for suppliers to comply with Microsoft's Supplier Code of Conduct or this Statement.

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@ -36,58 +36,58 @@ The following are not hard and fast rules, merely aids to the human judgment of
The primary purpose of the GitHub community is to collaborate on software projects. We are committed to maintaining a community where users are free to express themselves and challenge one another's ideas, both technical and otherwise. At the same time, it's important that users remain respectful and allow space for others to contribute openly. In order to foster both a safe and productive environment, we encourage our community members to look to these guidelines to inform how they interact on our platform. Below, youll find some suggestions for how to have successful interactions as a valued member of the GitHub community.
- Engage with consideration and respect.
* Engage with consideration and respect.
- **Be welcoming and open-minded** - New users join our community each day. Some are well-established developers, while others are just beginning. Be open to other ideas and experience levels. Make room for opinions other than your own and be welcoming to new collaborators and those just getting started.
* **Be welcoming and open-minded** - New users join our community each day. Some are well-established developers, while others are just beginning. Be open to other ideas and experience levels. Make room for opinions other than your own and be welcoming to new collaborators and those just getting started.
- **Be respectful** - Working in a collaborative environment means disagreements may happen. But remember to criticize ideas, not people. Share thoughtful, constructive criticism and be courteous to those you interact with. If youre unable to engage respectfully, consider taking a step back or using some of our moderation tools to deescalate a tense situation.
* **Be respectful** - Working in a collaborative environment means disagreements may happen. But remember to criticize ideas, not people. Share thoughtful, constructive criticism and be courteous to those you interact with. If youre unable to engage respectfully, consider taking a step back or using some of our moderation tools to deescalate a tense situation.
- **Be empathetic** - GitHub is a global community with people from a wide variety of backgrounds and perspectives, many of which may not be your own. Try to put yourself in others shoes and understand their feelings before you address them. Do your best to help make GitHub a community where others feel safe to make contributions, participate in discussions, and share different ideas.
* **Be empathetic** - GitHub is a global community with people from a wide variety of backgrounds and perspectives, many of which may not be your own. Try to put yourself in others shoes and understand their feelings before you address them. Do your best to help make GitHub a community where others feel safe to make contributions, participate in discussions, and share different ideas.
- Contribute in a positive and constructive way.
- **Improve the discussion.** Help us make this a great place for discussion by always working to improve the discussion in some way, however small. If you are not sure your post adds to the conversation, think over what you want to say and try again later.
* Contribute in a positive and constructive way.
* **Improve the discussion.** Help us make this a great place for discussion by always working to improve the discussion in some way, however small. If you are not sure your post adds to the conversation, think over what you want to say and try again later.
The topics discussed here matter to us, and we want you to act as if they matter to you, too. Be respectful of the topics and the people discussing them, even if you disagree with some of what is being said.
- **Be clear and stay on topic.** GitHub Community is for collaboration, sharing ideas, and helping each other get stuff done. Off-topic comments are a distraction (sometimes welcome, but usually not) from getting work done and being productive. Staying on topic helps produce positive and productive discussions.
* **Be clear and stay on topic.** GitHub Community is for collaboration, sharing ideas, and helping each other get stuff done. Off-topic comments are a distraction (sometimes welcome, but usually not) from getting work done and being productive. Staying on topic helps produce positive and productive discussions.
This applies to sharing links, as well. Any links shared in GitHub Community discussions should be shared with the intent of providing relevant and appropriate information. Links should not be posted to simply drive traffic or attention to a site. Links should always be accompanied by a full explanation of the content and purpose of the link. Posting links, especially unsolicited ones, without relevant and valuable context can come across as advertising or serving even more malicious purposes.
- **Share mindfully.** When asking others to give you feedback or collaborate on a project, only share valuable and relevant resources to provide context. Don't post links that don't add value to the discussion, and don't post unsolicited links to your own projects or sites on other user's threads.
* **Share mindfully.** When asking others to give you feedback or collaborate on a project, only share valuable and relevant resources to provide context. Don't post links that don't add value to the discussion, and don't post unsolicited links to your own projects or sites on other user's threads.
Additionally, don't share sensitive information. This includes your own email address. We don't allow the sharing of such information in GitHub Community, as it can create security and privacy risks for the poster, as well as other users. If you'd like to invite other GitHub users to collaborate on a project or work with you, share a link to the repository in which the project you are working on exists. By sharing the link to your project repo - with some information on what your project is and what kind of help or feedback you're looking for - you can invite others to collaborate with you via issues or pull requests without having to share your private information. You can also add others as outside collaborators on your project repo to give them special permissions to help you develop your project.
- **Keep it tidy.** Make the effort to put things in the right place, so that we can spend more time discussing and less time cleaning up. So:
- Dont start a discussion in the wrong category.
- Dont cross-post the same thing in multiple discussions.
- Dont post no-content replies.
- Don't "bump" posts, unless you have new and relevant information to share.
- Dont divert a discussion by changing it midstream.
* **Keep it tidy.** Make the effort to put things in the right place, so that we can spend more time discussing and less time cleaning up. So:
* Dont start a discussion in the wrong category.
* Dont cross-post the same thing in multiple discussions.
* Dont post no-content replies.
* Don't "bump" posts, unless you have new and relevant information to share.
* Dont divert a discussion by changing it midstream.
Rather than posting “+1” or “Agreed”, use the upvote button. Rather than taking an existing discussion in a radically different direction, open a new discussion.
- Be trustworthy.
- **Always be honest.** Dont knowingly share incorrect information or intentionally mislead other GitHub Community participants. If you dont know the answer to someones question but still want to help, you can try helping them research or find resources instead. GitHub staff will also be active in GitHub Community, so if youre unsure of an answer, its likely a moderator will be able to help.
* Be trustworthy.
* **Always be honest.** Dont knowingly share incorrect information or intentionally mislead other GitHub Community participants. If you dont know the answer to someones question but still want to help, you can try helping them research or find resources instead. GitHub staff will also be active in GitHub Community, so if youre unsure of an answer, its likely a moderator will be able to help.
### _What is not Allowed_
GitHub's [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies), which are part of GitHub's [Terms of Service](/site-policy/github-terms/github-terms-of-service), set a baseline for what is not allowed on GitHub. Since GitHub Community is on GitHub.com, these terms and restrictions apply to GitHub Community, including the following restrictions:
- **Anyone under the age of 13.** If you're a child under the age of 13, you may not have an account on GitHub. GitHub does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your GitHub.com account. We don't want to discourage you from learning to code, but those are the rules. Please see our [Terms of Service](/site-policy/github-terms/github-terms-of-service) for information about account termination.
* **Anyone under the age of 13.** If you're a child under the age of 13, you may not have an account on GitHub. GitHub does not knowingly collect information from or direct any of our content specifically to children under 13. If we learn or have reason to suspect that you are a user who is under the age of 13, we will unfortunately have to close your GitHub.com account. We don't want to discourage you from learning to code, but those are the rules. Please see our [Terms of Service](/site-policy/github-terms/github-terms-of-service) for information about account termination.
- **Creating new account after account restriction.** GitHub's [Terms of Service](/site-policy/github-terms/github-terms-of-service) state that "One person or legal entity may maintain no more than one free Account." Additional free accounts created to inquire about flagged or suspended accounts in GitHub will be removed.
* **Creating new account after account restriction.** GitHub's [Terms of Service](/site-policy/github-terms/github-terms-of-service) state that "One person or legal entity may maintain no more than one free Account." Additional free accounts created to inquire about flagged or suspended accounts in GitHub will be removed.
- **Other conduct which could reasonably be considered inappropriate in a professional setting.** GitHub Community is a professional space and should be treated as such.
* **Other conduct which could reasonably be considered inappropriate in a professional setting.** GitHub Community is a professional space and should be treated as such.
- **Violation of Terms of Service.** If your GitHub.com account is identified in violation of [Terms of Service](/site-policy/github-terms/github-terms-of-service) we will have to close your account.
* **Violation of Terms of Service.** If your GitHub.com account is identified in violation of [Terms of Service](/site-policy/github-terms/github-terms-of-service) we will have to close your account.
### _Reasonable use of AI generated content_
We love experimenting with new technologies, and we are especially fond of [GitHub Copilot](https://github.com/features/copilot). But as with all new technology, many of us are still getting accustomed to using generative AI tools the most effectively. Here are important guidelines to follow when using generative AI to answer questions in the community:
- Take personal responsibility for everything you post.
- Read and revise the content before you post it; use your own authentic voice.
- Use your expertise as a developer to verify that the answer works and makes sense.
- Do not just post AI-generated content verbatim to inflate your reputation or give a false impression of product expertise.
- AI tools will often answer in an authoritative tone that sounds like a tech support professional. Be careful not to [mislead other users](/site-policy/acceptable-use-policies/github-impersonation) into thinking that this authoritative tone means they are receiving an official response from GitHub.
* Take personal responsibility for everything you post.
* Read and revise the content before you post it; use your own authentic voice.
* Use your expertise as a developer to verify that the answer works and makes sense.
* Do not just post AI-generated content verbatim to inflate your reputation or give a false impression of product expertise.
* AI tools will often answer in an authoritative tone that sounds like a tech support professional. Be careful not to [mislead other users](/site-policy/acceptable-use-policies/github-impersonation) into thinking that this authoritative tone means they are receiving an official response from GitHub.
Additionally, all of the guidelines listed in the previous section ([Best Practices for Maintaining a Strong Community](/site-policy/github-terms/github-community-code-of-conduct#best-practices-for-maintaining-a-strong-community)) also apply here.
@ -97,7 +97,7 @@ The community is here for users to build trust through authentic reputations. No
### _What GitHub Community Participants Can Do_
- **If you see a problem, report it.** Moderators have special authority; they are responsible for this GitHub Community. But so are you. With your help, moderators can be community facilitators, not just janitors or police.
* **If you see a problem, report it.** Moderators have special authority; they are responsible for this GitHub Community. But so are you. With your help, moderators can be community facilitators, not just janitors or police.
When you see bad behavior, dont reply. It encourages the bad behavior by acknowledging it, consumes your energy, and wastes everyones time. You can report a disruptive user or disruptive content to GitHub. For more information, see "[AUTOTITLE](/communities/maintaining-your-safety-on-github/reporting-abuse-or-spam)."
@ -108,10 +108,10 @@ There are a variety of actions that we may take in response to inappropriate beh
Each case requires a different approach, and we try to tailor our response to meet the needs of the situation. We'll review each situation on a case-by-case basis. In each case, we will have a diverse team investigate the content and surrounding facts and respond as appropriate, using this Code of Conduct to guide our decision.
Actions we may take in response to a flag or abuse report include, but are not limited to:
- Content Removal
- Content Blocking
- GitHub Account Suspension
- GitHub Account Termination
* Content Removal
* Content Blocking
* GitHub Account Suspension
* GitHub Account Termination
GitHub Community moderators who do not follow or enforce the Code of Conduct in good faith may face temporary or permanent repercussions as determined by other members of the GitHub Community's leadership.

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@ -24,25 +24,25 @@ We encourage our community members to communicate expectations clearly, [moderat
The primary purpose of the GitHub community is to collaborate on software projects. We are committed to maintaining a community where users are free to express themselves and challenge one another's ideas, both technical and otherwise. At the same time, it's important that users remain respectful and allow space for others to contribute openly. In order to foster both a safe and productive environment, we encourage our community members to look to these guidelines to inform how they interact on our platform. Below, youll find some suggestions for how to have successful interactions as a valued member of the GitHub community.
- **Be welcoming and open-minded** - New users join our community each day. Some are well-established developers, while others are just beginning. Be open to other ideas and experience levels. Make room for opinions other than your own and be welcoming to new collaborators and those just getting started.
* **Be welcoming and open-minded** - New users join our community each day. Some are well-established developers, while others are just beginning. Be open to other ideas and experience levels. Make room for opinions other than your own and be welcoming to new collaborators and those just getting started.
- **Be respectful** - Working in a collaborative environment means disagreements may happen. But remember to criticize ideas, not people. Share thoughtful, constructive criticism and be courteous to those you interact with. If youre unable to engage respectfully, consider taking a step back or using some of our moderation tools to deescalate a tense situation.
* **Be respectful** - Working in a collaborative environment means disagreements may happen. But remember to criticize ideas, not people. Share thoughtful, constructive criticism and be courteous to those you interact with. If youre unable to engage respectfully, consider taking a step back or using some of our moderation tools to deescalate a tense situation.
- **Be empathetic** - GitHub is a global community with people from a wide variety of backgrounds and perspectives, many of which may not be your own. Try to put yourself in others shoes and understand their feelings before you address them. Do your best to help make GitHub a community where others feel safe to make contributions, participate in discussions, and share different ideas.
* **Be empathetic** - GitHub is a global community with people from a wide variety of backgrounds and perspectives, many of which may not be your own. Try to put yourself in others shoes and understand their feelings before you address them. Do your best to help make GitHub a community where others feel safe to make contributions, participate in discussions, and share different ideas.
## What if something or someone offends you?
While some disagreements can be resolved with direct, respectful communication between community members, we understand that is not always the case. We encourage our community to contact GitHub Support through the [GitHub Support portal](https://support.github.com/) when they believe content or activity theyve encountered violates our policies. However, if you run into something or someone on the site that you find objectionable, here are some ways GitHub enables you to take action:
- **Communicate expectations** - Maintainers can set community-specific guidelines to help users understand how to interact with their projects, for example, in a repositorys README, [CONTRIBUTING file](/communities/setting-up-your-project-for-healthy-contributions/setting-guidelines-for-repository-contributors), or [dedicated code of conduct](/communities/setting-up-your-project-for-healthy-contributions/adding-a-code-of-conduct-to-your-project). You can find additional information on building communities on the [Communities](/communities) page.
* **Communicate expectations** - Maintainers can set community-specific guidelines to help users understand how to interact with their projects, for example, in a repositorys README, [CONTRIBUTING file](/communities/setting-up-your-project-for-healthy-contributions/setting-guidelines-for-repository-contributors), or [dedicated code of conduct](/communities/setting-up-your-project-for-healthy-contributions/adding-a-code-of-conduct-to-your-project). You can find additional information on building communities on the [Communities](/communities) page.
- **Moderate Comments** - Users with [write-access privileges](/organizations/managing-user-access-to-your-organizations-repositories/repository-roles-for-an-organization) for a repository can [edit, delete, or hide anyone's comments](/communities/moderating-comments-and-conversations/managing-disruptive-comments) on commits, pull requests, and issues. Anyone with read access to a repository can view a comment's edit history. Comment authors and people with write access to a repository can also delete sensitive information from a [comment's edit history](/communities/moderating-comments-and-conversations/tracking-changes-in-a-comment). Moderating your projects can feel like a big task if there is a lot of activity, but you can [add collaborators](/account-and-profile/setting-up-and-managing-your-personal-account-on-github/managing-personal-account-settings/permission-levels-for-a-personal-account-repository#collaborator-access-for-a-repository-owned-by-a-personal-account) to assist you in managing your community.
* **Moderate Comments** - Users with [write-access privileges](/organizations/managing-user-access-to-your-organizations-repositories/repository-roles-for-an-organization) for a repository can [edit, delete, or hide anyone's comments](/communities/moderating-comments-and-conversations/managing-disruptive-comments) on commits, pull requests, and issues. Anyone with read access to a repository can view a comment's edit history. Comment authors and people with write access to a repository can also delete sensitive information from a [comment's edit history](/communities/moderating-comments-and-conversations/tracking-changes-in-a-comment). Moderating your projects can feel like a big task if there is a lot of activity, but you can [add collaborators](/account-and-profile/setting-up-and-managing-your-personal-account-on-github/managing-personal-account-settings/permission-levels-for-a-personal-account-repository#collaborator-access-for-a-repository-owned-by-a-personal-account) to assist you in managing your community.
- **Lock Conversations** - If a discussion in an issue, pull request, or commit gets out of hand, off topic, or violates your projects code of conduct or GitHubs policies, owners, collaborators, and anyone else with write access can put a temporary or permanent lock on the conversation. For more information, see "[AUTOTITLE](/communities/moderating-comments-and-conversations/locking-conversations)."
* **Lock Conversations** - If a discussion in an issue, pull request, or commit gets out of hand, off topic, or violates your projects code of conduct or GitHubs policies, owners, collaborators, and anyone else with write access can put a temporary or permanent lock on the conversation. For more information, see "[AUTOTITLE](/communities/moderating-comments-and-conversations/locking-conversations)."
- **Block Users** - If you encounter a specific user who you would rather not engage with, you can [block the user from your personal account](/communities/maintaining-your-safety-on-github/blocking-a-user-from-your-personal-account) or [from your organization](/communities/maintaining-your-safety-on-github/blocking-a-user-from-your-organization).
* **Block Users** - If you encounter a specific user who you would rather not engage with, you can [block the user from your personal account](/communities/maintaining-your-safety-on-github/blocking-a-user-from-your-personal-account) or [from your organization](/communities/maintaining-your-safety-on-github/blocking-a-user-from-your-organization).
- **Limit Interactions** - If your public project is getting unwanted attention, being trolled, spammed, or otherwise, you have the option of setting [temporary interaction limits](/communities/moderating-comments-and-conversations/limiting-interactions-in-your-repository) to keep certain users from interacting with your repository. You can even set [code review limits](https://github.blog/2021-11-01-github-keeps-getting-better-for-open-source-maintainers/#preventing-drive-by-pull-request-approvals-and-requested-changes) to ensure quality contributions on your projects.
* **Limit Interactions** - If your public project is getting unwanted attention, being trolled, spammed, or otherwise, you have the option of setting [temporary interaction limits](/communities/moderating-comments-and-conversations/limiting-interactions-in-your-repository) to keep certain users from interacting with your repository. You can even set [code review limits](https://github.blog/2021-11-01-github-keeps-getting-better-for-open-source-maintainers/#preventing-drive-by-pull-request-approvals-and-requested-changes) to ensure quality contributions on your projects.
While we are passionate about empowering maintainers to moderate their own projects, please contact {% data variables.contact.contact_support %} if you need additional support in dealing with a situation.
@ -50,19 +50,19 @@ While we are passionate about empowering maintainers to moderate their own proje
We rely on reports from the community, as well as proactive detection, to help ensure that GitHub is a safe, welcoming, and productive platform for software developers. There are a variety of factors we consider when were made aware of behavior or content not in line with GitHubs policies. However, our policy enforcement and content moderation approach prioritizes our vision to be the home for all developers. This means:
- We optimize for code collaboration. We recognize that code can have multiple uses and we distinguish between how the code is being used on the platform and other possible uses. We also think about how our enforcement actions can affect a potentially complicated web of interdependencies across the platform and aim to restrict as little legitimate content as possible.
* We optimize for code collaboration. We recognize that code can have multiple uses and we distinguish between how the code is being used on the platform and other possible uses. We also think about how our enforcement actions can affect a potentially complicated web of interdependencies across the platform and aim to restrict as little legitimate content as possible.
- We take a human-centered approach to content moderation and we tailor our responses to meet the needs of a specific situation. Our global team investigates the reports we receive on a case-by-case basis—considering context and the surrounding facts—before taking action. This could include taking into account potentially offensive content being posted in a way that lacks context or makes it easy for other users to unwittingly view or interact with while using GitHub. In those instances, we may favor moderation in order to safeguard our community.
* We take a human-centered approach to content moderation and we tailor our responses to meet the needs of a specific situation. Our global team investigates the reports we receive on a case-by-case basis—considering context and the surrounding facts—before taking action. This could include taking into account potentially offensive content being posted in a way that lacks context or makes it easy for other users to unwittingly view or interact with while using GitHub. In those instances, we may favor moderation in order to safeguard our community.
- Our decisions are rooted in our core belief that serving an interconnected community and empowering human progress through developer collaboration requires a commitment to diversity, inclusion, and belonging.
* Our decisions are rooted in our core belief that serving an interconnected community and empowering human progress through developer collaboration requires a commitment to diversity, inclusion, and belonging.
Where we have decided that moderation action is warranted, these are some of the ways we may respond:
- Removing the offending content
- Blocking or disabling the offending content
- Downgrading the visibility of the offending content
- Hiding a user account or organization from public view
- Suspending a user account or organization
* Removing the offending content
* Blocking or disabling the offending content
* Downgrading the visibility of the offending content
* Hiding a user account or organization from public view
* Suspending a user account or organization
## Appeal and Reinstatement

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@ -0,0 +1,150 @@
---
title: GitHub Copilot Extension Developer Policy
versions:
fpt: '*'
topics:
- Policy
- Legal
---
> Last Updated: September 6, 2024
This Agreement is a legal agreement between you (“You”) and GitHub, Inc. (“GitHub”, “we”, or “us”). By clicking “I Agree”, youre agreeing to be bound by all the terms of this Agreement. 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.
GitHub is fortunate to have many developers integrating with the GitHub Copilot Extensibility Platform (“Platform”). We think thats awesome, and we want to make that experience even better. While we cant cover every type of GitHub Copilot Extension (“Extension”), we do want to lay some ground rules and policies to ensure that You are developing Your Extension with privacy, safety, transparency, and security at the forefront of the User experience.
To protect Users, we reserve the right to take any action we deem necessary if an Extension violates the letter or spirit of this Agreement. By “User” we mean any “User” as defined in our Terms of Service (TOS). By “Personal Data” we means any information which relates to an individual “User”, customer or employee which could, alone or together with other information, identify them as well as content, including, but not limited to, code, text, data uploaded, posted, User inputs, and Extension outputs, transmitted or otherwise made available by Users via the Platform.
## 1. Services
By using our Platform, you agree to adhere to this policy and all GitHub terms and policies incorporated by reference. You must also adhere to all technical specifications and requirements published by GitHub. GitHub may update this Agreement and any requirements at any time, and you should periodically review this Agreement and all technical specifications and requirements to ensure compliance with the most recent version. So long as you remain compliant with this Agreement and associated requirements within, we grant you a limited, worldwide, non-exclusive, non-transferable license during the term of the Agreement to access and use the Platform for the purpose of publishing, developing, demonstrating, testing and supporting interoperability and integrations between Your Extension and GitHub Copilot.
GitHub reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the Platform (or any part of it) with or without notice. Its your sole responsibility to ensure that your use of the Platform is compatible with the then-current Platform. Other than the rights we expressly give you in this Agreement or the TOS, We dont grant you any rights or licenses to GitHub Copilot, or to any other GitHub products or services.
Violations of this Agreement may result in removing the Extension from the Platform, token revocation, Account or Extension suspension, User notification, legal action or any other action deemed necessary by Us. If requested, You must provide us with proof of compliance with this Agreement. If You violate this Agreement we may or may not provide notice before taking action. Appeals may be submitted via the GitHub Appeal and Reinstatement Process. Please note that we may periodically audit Extensions and collect information about Users using Your Extension.
## 2. Developing your Extension
While we want You to develop useful, fun, and interesting Extensions with GitHub Copilot, we want to make sure that our Users receive a safe, secure, productive, and enjoyable experience. When creating Extensions, you must understand the use cases and limitations of GitHub Copilot, and not rely on it for tasks where its use could lead to significant harm. With that in mind, You are required to comply with this Policy and other obligations.
**Terms of Service**: Your Extension must comply with the GitHub Terms of Service (ToS) including the Acceptable Use Policy.
**Security**: We take the security of Personal Data seriously and you must as well. As you develop your Extension, You must properly configure your systems to protect Personal Data and ensure that any stored Personal Data is encrypted. Furthermore, Extensions and developers must not:
* Degrade or compromise security
* Bypass or circumvent protocols and access controls
* Use unpublished APIs
* Mislead and/or deceive Users about Extension functionality, performance, origin or Personal Data use
* Transmit any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or Personal Data
* Attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of the Platform or any portion thereof
**Use of Personal Data**: Protecting User privacy is paramount at GitHub, and must be for you. You are responsible for good Personal Data practices. You do not have independent rights to any Personal Data. In accordance with this, Extensions and developers are prohibited from:
* Collecting, storing, and using Personal Data without obtaining proper User consent
* Utilizing Personal Data to contact Users. You must gain permission through a clear and separate permissions process to contact Users outside of GitHub. Contacting Users is limited to emergencies in which the Users safety and security is at risk and in compliance with the law
* Requesting Users to provide sensitive, private, and confidential information, such as credit card numbers or passwords except when specifically necessary for the legitimate purpose of the Extension
* Renting, selling or sharing Personal Data with third parties under any circumstances
* Developing Extensions that encourage Users to circumvent or interfere with their own workplace and employer data, privacy and security policies
* Using Personal Data to create User profiles beyond what is necessary for the Extension to function
* Ignoring a Users request for deletion. When a User deletes your Extension, if you discontinue Your Extension, or Your Extension is removed you must delete all associated Personal Data within thirty days
* Merging Personal Data with data gathered from other sources for purposes unrelated to the use of the Extension including building databases or otherwise creating copies of any Personal Data accessed or obtained using the Platform
* Failing to notify Users about privacy and their Personal Data. You must provide Users an easily accessible and publicly-available privacy policy that explains how the Extension collects, uses, processes and stores Personal Data, and what control Users have over their Personal Data
* Accessing Data for surveillance purposes. You may not allow or assist any entity to conduct surveillance or obtain Personal Data using your access to the Platform
* Otherwise exploiting Personal Data in a way not approved by GitHub and not disclosed to and permitted by Users. You may, however, use Data that is both aggregated and anonymized for purposes of analytics and development related to the Extension
**Law and Safety**: Extensions should not create unsafe environments or hardships for Users. Each Extension must comply with all applicable laws and legal requirements in all locations where it is made available to Users. In addition, Extensions and developers are prohibited from:
* Inferring peoples emotional states from their physical, physiological, or behavioral characteristics
* Inferring peoples sensitive attributes such as gender, race, nationality, religion, or specific age (not including age range, position of mouth (e.g., smile or frown), and hair color)
* Categorizing people based on their biometric data or to infer characteristics or affiliations about them such as race, political opinions, trade union membership, religious or philosophical beliefs, or sex life or sexual orientation
* Social scoring or predictive profiling that would lead to discriminatory, unfair, biased, detrimental, unfavorable, or harmful treatment of certain persons or groups of persons
* Exploiting any of the vulnerabilities of a person (e.g., age, disability, or socio-economic situation)
* For any real-time facial recognition technology on mobile cameras used by any law enforcement globally to attempt to identify individuals in uncontrolled, "in the wild" environments, which includes (without limitation) police officers on patrol using body-worn or dash-mounted cameras using facial recognition technology to attempt to identify individuals present in a database of suspects or prior inmates
* Without the individuals valid consent, for ongoing surveillance or real-time or near real-time identification or persistent tracking of the individual using any of their personal information, including biometric data
**Transparency**: GitHub Copilot is a generative artificial intelligence (AI) tool intended to increase developer productivity. You must inform Users of Your Extensions intended use cases, best practices, and limitations as well as when they are interacting with generative AI content. Furthermore, Extensions and developers must:
* Test the Extension to ensure outputs do not violate this Agreement
* Provide a mechanism for Users to report feedback to You and GitHub related to errors, bugs, improper, or undesired outputs
* Inform Users of Extension capabilities so that Users can provide the appropriate level of human oversight
* Request only the appropriate and necessary permissions and clearly define the need for permissions within your Extensions description
## 3. Your GitHub Copilot Extension
Your Extensions are your responsibility. That means that youre solely responsible for developing, operating, and maintaining all aspects of your Extensions; ensuring that all materials used with or in your Extensions are legal in all the jurisdictions where your Extensions are used, and dont promote illegal activities; obtaining any rights or licenses necessary to use and/or distribute any third-party software that you use, include, integrate, or distribute with your Extensions; and providing your end user customers with the same high-quality technical support for your Extensions when they operate in conjunction with the Platform or any other of our products and services as you do when they operate on their own.
## 4. Marketing and Publicity
Marketing and publicizing your integrations with GitHub is valuable to both of us. We want to be sure that happens in the right way, so weve included some language here to help clarify some basic “dos” and “donts”.
You agree that you wont make any representations, warranties, guarantees or endorsements to anyone on behalf of GitHub (including, among other things, any GitHub products or services). Unless we specifically say its okay you promise not to state or imply that we have developed, endorsed, reviewed or otherwise approved of any of your Extensions.
If you decide to promote or publicize any of our products or services in connection with your Extensions, youll need to make sure that you abide by the terms of this Agreement, the TOS, our trademark policy, and any other applicable GitHub policies. Subject to the terms and conditions of this Agreement and the TOS, and during the term of this Agreement, we grant you a limited, revocable, worldwide, non-exclusive, non-transferable license to use our trademarks, service marks, and logos (collectively, the “GitHub Marks”) in accordance with our trademark policy.
Except as set forth in this Agreement and the TOS, nothing in this Agreement will be deemed to grant to one party any right, title or interest in or to the other partys Marks. You agree not to, whether during or after the term of this Agreement: (i) challenge or assist others in challenging the GitHub Marks, or our registration or enforcement of the GitHub Marks; (ii) attempt to adopt, use, apply for, or register any trademark, service mark, logo, URL, Internet domain name, or symbol that is confusingly similar to the GitHub Marks; or (iii) make any negative, false, or disparaging statements (whether written or oral) to any third-party about us, our products, or our services.
## 5. Pre-Release Materials
You may get access to special information not available to the rest of the world. Due to the sensitive nature of this information, its important for us to make sure that you keep that information secret.
If We give you any access to pre-release software or related documentation or materials, which may include videos or other forms of content (“Pre-release Materials”), then subject to your compliance with the terms and conditions of this Agreement, the TOS, and Pre-Release License Terms we hereby grant you a nonexclusive, nontransferable, revocable right and license to use the Pre-release Materials solely to support your testing and/or development of Extensions that are designed to operate in combination with the Platform for which the Pre-release Materials are designed.
## 6. Term and Termination
You may terminate the Agreement by discontinuing use of the Platform. We may terminate this Agreement for any reason and without notice. This Agreement will terminate immediately, without the requirement of notice, if you breach any term of this Agreement.
The rights and obligations in Sections 1, 2, 3, 4 (second and last paragraphs), 5, and 7 through 19 of this Agreement will survive the termination of this Agreement. Upon termination of this Agreement all of the rights and licenses we granted you in this Agreement will immediately cease to exist, you will return (or, at our request, destroy) all of our Pre-release materials and any copies (including electronic copies) which are in your possession or control, and you will certify in writing that youve complied with these requirements.
## 7. Warranties and Disclaimers
You warrant to us that you: (i) have the authority to execute this Agreement and to perform its obligations; (ii) will conduct business in a manner that reflects favorably at all times on GitHubs products and services and our good name, goodwill and reputation; (iii) will make no false or misleading statements or representations regarding GitHub or our products and services; (iv) will not take on any obligation or responsibility, or make any representation, warranty, guarantee or endorsement to anyone on our behalf (including, without limitation, any of our products or services); and (v) will not state or imply that We have developed, endorsed, reviewed or otherwise approved of any of your Products.
The Platform and any Pre-release Materials We give You are provided “As Is”, and without warranty of any kind, express or implied. We specifically disclaim any and all implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any Service or Products we make available to you will meet Your or Your Users requirements.
## 8. Indemnity
To the maximum extent permitted by applicable law, You agree to defend, indemnify and hold harmless GitHub, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising from or relating to (a) Your use of the Platform in violation of this Agreement, the Terms or any applicable laws or regulations; (b)Your Extensions that infringe any copyright, trademark, trade secret, patent or other intellectual property right of any third party; (c) any loss or disclosure of data or Personal Data by Your Extension; and (d) Your EULA (or ToS).
## 9. Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will GitHub, or its affiliates, officers, directors, employees, agents, or suppliers be liable to developer or any third party under this agreement for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by Developer or any third party in connection with this Agreement, regardless of whether Developer has been advised of the possibility of or could have foreseen such damages notwithstanding anything to the contrary in this Agreement, GitHubs aggregate liability to Developer or any third party arising out of this Agreement shall not exceed $500 (five hundred) USD.
## 10. Export Control
You arent allowed to export or re-export any of our Pre-release Material, except as authorized by United States law and the laws of the jurisdiction in which the Confidential Information was obtained. In particular, you arent allowed to export or re-export our Confidential Information into any U.S. embargoed countries, to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or to anyone on the U.S. Department of Commerce Denied Person's List or Entity List. By using the Platform or receiving any of our Pre-release Material, you represent and warrant that you are not located in any such country or on any such list.
## 11. Proprietary Rights
You agree that GitHub and its licensors own all right, title and interest in and to the Platform, the Pre-release Materials, and all other GitHub Products and Services; all information and data relating to their configurations and combinations; and all modifications to and derivative works of any of the foregoing. You agree not to remove, alter, cover or obfuscate any copyright or other proprietary rights notices we place on or embed in the Platform, the Pre-release Materials, or any other GitHub Products and Services.
## 12. Government Users
If you are a Government entity, this Section applies to you. Certain of our Confidential Information may be considered “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. GitHub, Inc. 88 Colin P. Kelly Street, San Francisco, CA 94107.
## 13. Independent Development
Nothing in this Agreement will impair our right to develop, acquire, license, market, promote or distribute products, software or technologies that may compete with your Extensions.
## 14. Feedback
Were always trying to improve, and your feedback will help us do that. If you choose to give us feedback, suggestions or recommendations for the Platform or for our Products or Services (collectively, “Feedback”), you acknowledge and agree that were free to use that Feedback in any way we want, without restriction (subject to any applicable patents or copyrights, of course).
## 15. Independent Contractors
The parties to this Agreement are independent contractors. Neither of us will be deemed to be an employee, agent, partner, franchisor, franchisee or legal representative of the other for any purpose and neither of us will have any right, power or authority to create any obligation or responsibility on behalf of the other.
## 16. Assignment
You arent allowed to assign or transfer this Agreement, or any of your rights under it, in whole or in part, by operation of law or otherwise, without our prior written consent.
## 17. Governing Law and Venue
This Agreement will be interpreted and construed in accordance with the laws of the State of California, without regard to conflict of law principles. All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and each of us hereby consents to personal jurisdiction there.
## 18. Amendments; Waivers; No Third-Party Beneficiaries
This Agreement may not be changed, except by a writing signed by both parties. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing to be effective. If any term, condition, or provision in this Agreement is found to be invalid or unenforceable, the remaining terms will continue to be valid and enforceable to the fullest extent permitted by law. We each expressly agree that there are no third-party beneficiaries to this Agreement.
## 19. Entire Agreement
This Agreement and the TOS, contain the entire agreement of the parties with respect to its subject matter and supersede all prior communications, representations, understandings and agreements, whether written or oral.

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@ -22,10 +22,10 @@ topics:
Version Effective Date: November 16, 2020
This Agreement applies to the following GitHub offerings, as further defined below (collectively, the **“Products”**):
- The Service;
- Any Beta Previews;
- Any related Support; and
- Any related Expert Services.
* The Service;
* Any Beta Previews;
* Any related Support; and
* Any related Professional Services.
## A. Definitions
@ -57,7 +57,7 @@ This Agreement applies to the following GitHub offerings, as further defined bel
**"Feedback"** means any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback on GitHub products or services.
**"Fees"** means the fees Customer is required to pay GitHub to (i) use the Products during the applicable Term or (ii) receive Expert Services, as such fees are reflected on an Order Form or SOW.
**"Fees"** means the fees Customer is required to pay GitHub to (i) use the Products during the applicable Term or (ii) receive Professional Services, as such fees are reflected on an Order Form or SOW.
**“Fork”** means to copy the Content of one repository into another repository.
@ -73,7 +73,7 @@ This Agreement applies to the following GitHub offerings, as further defined bel
**“Private Repository”** means a repository which allows a User to control access to Content.
**"Expert Services"** means training, consulting, or implementation services that GitHub provides to Customer pursuant to a mutually executed SOW. Expert Services do not include Support.
**"Professional Services"** means training, consulting, or implementation services that GitHub provides to Customer pursuant to a mutually executed SOW. Professional Services do not include Support.
**“Public Repository”** means a repository whose Content is visible to All Users.
@ -83,7 +83,7 @@ This Agreement applies to the following GitHub offerings, as further defined bel
**"Service"** means GitHub's hosted service and any applicable Documentation.
**"SOW"** means a mutually executed statement of work detailing the Expert Services GitHub will perform, any related Fees, and each party's related obligations.
**"SOW"** means a mutually executed statement of work detailing the Professional Services GitHub will perform, any related Fees, and each party's related obligations.
**"Subscription License"** means the license assigned to each User to install, operate, access, and use the Service on Customers behalf. Customer may only assign one Subscription License per User across its Organizations. For clarity, once Customer assigns a Subscription License to a User, Customer is prohibited from bifurcating the Subscription License so that one User can use a Subscription License on one Organization while another User uses the same Subscription License on another Organization.
@ -97,19 +97,19 @@ This Agreement applies to the following GitHub offerings, as further defined bel
### 1. Account Controls.
- _Users._ Customer acknowledges that Users retain ultimate administrative control over their individual accounts and the Content within them. [GitHub's Standard Terms of Service](/site-policy/github-terms/github-terms-of-service) govern Users' use of the Service, except with respect to Users' activities under this Section B.
* _Users._ Customer acknowledges that Users retain ultimate administrative control over their individual accounts and the Content within them. [GitHub's Standard Terms of Service](/site-policy/github-terms/github-terms-of-service) govern Users' use of the Service, except with respect to Users' activities under this Section B.
- _Organizations._ Customer retains ultimate administrative control over any Organization created on Customers behalf and User-Generated Content posted to the repositories within its Organization(s), subject to this Section B. This Section B will govern the use of Customers Organization(s).
* _Organizations._ Customer retains ultimate administrative control over any Organization created on Customers behalf and User-Generated Content posted to the repositories within its Organization(s), subject to this Section B. This Section B will govern the use of Customers Organization(s).
### 2. Account Requirements
In order to create an account, Customer must adhere to the following:
- Customer must not create an account for use of any person under the age of 13. If GitHub learns of any User under the age of 13, it will terminate that User's account immediately. If Customer or its User(s) are located in a country outside the United States, that country's minimum age may be older; in such a case, Customer is responsible for complying with that country's laws.
* Customer must not create an account for use of any person under the age of 13. If GitHub learns of any User under the age of 13, it will terminate that User's account immediately. If Customer or its User(s) are located in a country outside the United States, that country's minimum age may be older; in such a case, Customer is responsible for complying with that country's laws.
- A Users login may not be shared by multiple people.
* A Users login may not be shared by multiple people.
- Customer must not use the Products (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction; (b) if it is 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); or (c) if it is or is working on behalf of a [Specially Designated National (SDN)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions. For more information, please see our [Export Controls policy](/site-policy/other-site-policies/github-and-trade-controls).
* Customer must not use the Products (a) in violation of export control or sanctions laws of the United States or any other applicable jurisdiction; (b) if it is 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); or (c) if it is or is working on behalf of a [Specially Designated National (SDN)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) or a person subject to similar blocking or denied party prohibitions. For more information, please see our [Export Controls policy](/site-policy/other-site-policies/github-and-trade-controls).
### 3. Account Security
@ -255,11 +255,11 @@ Either Party may terminate this Agreement immediately upon notice if the other P
### 4. Effect of Termination
- _Order Forms._ Upon termination of this Agreement, Customer may not execute additional Order Forms (if applicable); however, this Agreement will remain in effect for the remainder of any active Order Forms. When an Order Form terminates or expires, as to that Order Form: (i) the Term will immediately end; (ii) any Subscription Licenses in the Order Form will automatically terminate, and Customer will no longer have the right to use the Service; (iii) if any Fees were owed prior to termination, Customer must pay those Fees immediately; (iv) each Party will promptly return (or, if the other party requests it, destroy) all Confidential Information belonging to the other to the extent permitted by the Service. Notwithstanding the foregoing, GitHub will make a reasonable effort to provide Customer with a copy of its lawful, non-infringing account Contents upon request; provided that Customer makes this request within 90 days of termination, suspension, or downgrade.
* _Order Forms._ Upon termination of this Agreement, Customer may not execute additional Order Forms (if applicable); however, this Agreement will remain in effect for the remainder of any active Order Forms. When an Order Form terminates or expires, as to that Order Form: (i) the Term will immediately end; (ii) any Subscription Licenses in the Order Form will automatically terminate, and Customer will no longer have the right to use the Service; (iii) if any Fees were owed prior to termination, Customer must pay those Fees immediately; (iv) each Party will promptly return (or, if the other party requests it, destroy) all Confidential Information belonging to the other to the extent permitted by the Service. Notwithstanding the foregoing, GitHub will make a reasonable effort to provide Customer with a copy of its lawful, non-infringing account Contents upon request; provided that Customer makes this request within 90 days of termination, suspension, or downgrade.
- GitHub will retain and use Customer's information as necessary to comply with our legal obligations, resolve disputes, and enforce GitHub's agreements, but barring legal requirements, GitHub will delete Customer's full profile and the Content of its repositories within 90 days of termination or expiration (though some information may remain in encrypted backups). This information cannot be recovered once Customer's account is canceled.
* GitHub will retain and use Customer's information as necessary to comply with our legal obligations, resolve disputes, and enforce GitHub's agreements, but barring legal requirements, GitHub will delete Customer's full profile and the Content of its repositories within 90 days of termination or expiration (though some information may remain in encrypted backups). This information cannot be recovered once Customer's account is canceled.
- GitHub will not delete Content that Customer has contributed to External Users' repositories or that External Users have forked.
* GitHub will not delete Content that Customer has contributed to External Users' repositories or that External Users have forked.
### 5. Suspension
@ -283,7 +283,7 @@ Communications made through email or GitHub Support's messaging system will not
_General Warranty_. Each Party represents and warrants to the other that it has the legal power and authority to enter into this Agreement, and that this Agreement and each Order Form and SOW is entered into by an employee or agent of such Party with all necessary authority to bind such Party to the terms and conditions of this Agreement.
_Expert Services Warranty._ Unless otherwise set forth in an SOW, GitHub warrants that any Expert Services performed under this Agreement will be performed in a professional and workmanlike manner by appropriately qualified personnel. GitHub's only obligation, and Customer's only remedy, for a breach of this warranty will be, at GitHub's option and expense, to either: (i) promptly re-perform any Expert Services that fail to meet this warranty or (ii) if the breach cannot be cured, terminate the SOW and refund the unused prepaid Fees.
_Professional Services Warranty._ Unless otherwise set forth in an SOW, GitHub warrants that any Professional Services performed under this Agreement will be performed in a professional and workmanlike manner by appropriately qualified personnel. GitHub's only obligation, and Customer's only remedy, for a breach of this warranty will be, at GitHub's option and expense, to either: (i) promptly re-perform any Professional Services that fail to meet this warranty or (ii) if the breach cannot be cured, terminate the SOW and refund the unused prepaid Fees.
_Service Disclaimer._ GitHub provides the Service **“AS IS”** and **“AS AVAILABLE”** without warranty of any kind. Without limiting this, GitHub expressly disclaims all warranties, whether express, implied or statutory, regarding 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 Customer's 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. GitHub will not be responsible for any risk of loss resulting from Customer's downloading and/or use of files, information, Content or other material obtained from the Service.
@ -317,9 +317,9 @@ If Customer has a dispute with one or more Users, Customer releases GitHub from
Neither Party will use the other Party's Confidential Information, except as permitted under this Agreement. Each Party agrees to maintain in confidence and protect the other Party's Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in any event at least a reasonable degree of care. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure of the other Party's Confidential Information, including, without limitation, disclosing such Confidential Information only to its Representatives who (i) have a need to know such information, (ii) are parties to appropriate agreements sufficient to comply with this Section P, and (iii) are informed of the restrictions on use and disclosure set forth in this Section P. Each Party is responsible for all acts and omissions of its Representatives. The foregoing obligations will not restrict either Party from disclosing Confidential Information of the other Party pursuant to the order or requirement of a court, administrative agency, or other governmental body, _provided_ that the Party required to make such a disclosure gives reasonable notice to the other Party to enable such Party to contest such order or requirement, unless such notice is prohibited by law. The restrictions set forth in this Section P will survive the termination or expiration of this Agreement.
## Q. Expert Services
## Q. Professional Services
Upon Customers request for Expert Services, GitHub will provide an SOW detailing such Expert Services. GitHub will perform the Expert Services described in each SOW. GitHub will control the manner and means by which the Expert Services are performed and reserves the right to determine personnel assigned. GitHub may use third parties to perform the Expert Services, provided that GitHub remains responsible for their acts and omissions. Customer acknowledges and agrees that GitHub retains all right, title and interest in and to anything used or developed in connection with performing the Expert Services, including software, tools, specifications, ideas, concepts, inventions, processes, techniques, and know-how. To the extent GitHub delivers anything to Customer while performing the Expert Services, GitHub grants to Customer a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use those deliverables during the term of this Agreement, solely in conjunction with Customers use of the Service.
Upon Customers request for Professional Services, GitHub will provide an SOW detailing such Professional Services. GitHub will perform the Professional Services described in each SOW. GitHub will control the manner and means by which the Professional Services are performed and reserves the right to determine personnel assigned. GitHub may use third parties to perform the Professional Services, provided that GitHub remains responsible for their acts and omissions. Customer acknowledges and agrees that GitHub retains all right, title and interest in and to anything used or developed in connection with performing the Professional Services, including software, tools, specifications, ideas, concepts, inventions, processes, techniques, and know-how. To the extent GitHub delivers anything to Customer while performing the Professional Services, GitHub grants to Customer a non-exclusive, non-transferable, worldwide, royalty-free, limited-term license to use those deliverables during the term of this Agreement, solely in conjunction with Customers use of the Service.
## R. Changes to the Service or Terms

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@ -102,7 +102,7 @@ You agree: (i) not to resell the GitHub Products, or to charge any service or ot
### 3.2 GitHub Product Support.
GitHubs obligation to provide technical or other support to Qualified Users is limited to that described in the [GitHub Customer Agreement](https://github.com/customer-terms) or as set forth in an Order Form. GitHub shall have no liability to you or any Qualified Users for loss or damages arising from or relating to use and access of the Services.
GitHub is not obligated to provide any technical or other support to Qualified Users unless specifically set forth in an Order Form. GitHub shall have no liability to you or any Qualified Users for loss or damages arising from or relating to use and access of the Services.
## 4. Trademark Release.

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@ -22,23 +22,23 @@ We do not tolerate harassment of Event Participants in any form, nor do we toler
Examples of encouraged behavior that contributes to a positive environment include:
- Using welcoming and inclusive language
- Being respectful of differing viewpoints and experiences
- Gracefully accepting constructive criticism
- Focusing on what is best for everyone at the Event
- Showing empathy towards others and Event Participants
* Using welcoming and inclusive language
* Being respectful of differing viewpoints and experiences
* Gracefully accepting constructive criticism
* Focusing on what is best for everyone at the Event
* Showing empathy towards others and Event Participants
Unacceptable behavior includes, but is not limited to:
- The use of sexualized language or imagery
- Inappropriate physical contact, sexual attention, or advances
- Trolling, insulting or derogatory comments or behavior
- Personal or political attacks toward Event Participants
- Sustained disruption of talks or any other events or activities organized by GitHub in association with the Event
- Intimidation, stalking, following, or harassing of Event Participants
- Photography or recording of Event Participants without their consent
- Harassment of any kind, even in a joking or ironic manner
- Conduct which could reasonably be considered inappropriate in a professional setting
* The use of sexualized language or imagery
* Inappropriate physical contact, sexual attention, or advances
* Trolling, insulting or derogatory comments or behavior
* Personal or political attacks toward Event Participants
* Sustained disruption of talks or any other events or activities organized by GitHub in association with the Event
* Intimidation, stalking, following, or harassing of Event Participants
* Photography or recording of Event Participants without their consent
* Harassment of any kind, even in a joking or ironic manner
* Conduct which could reasonably be considered inappropriate in a professional setting
Each Event Participant is entirely responsible for their own actions.

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@ -16,10 +16,10 @@ By RSVP'ing to or attending a GitHub event, including any of the events or activ
In order to participate in the Event, you represent that
- You have the requisite capacity and authority to enter into these Event Terms;
- You have read and understood these Event Terms and the [AUTOTITLE](/site-policy/github-terms/github-terms-of-service);
- You agree to abide by the [Event Code of Conduct](/site-policy/github-terms/github-event-code-of-conduct); and
- If alcohol is being served at the Event, you are at least 21 years old or over the legal drinking age at the location where the Event is being held.
* You have the requisite capacity and authority to enter into these Event Terms;
* You have read and understood these Event Terms and the [AUTOTITLE](/site-policy/github-terms/github-terms-of-service);
* You agree to abide by the [Event Code of Conduct](/site-policy/github-terms/github-event-code-of-conduct); and
* If alcohol is being served at the Event, you are at least 21 years old or over the legal drinking age at the location where the Event is being held.
If asked to stop behavior deemed harassing or prohibited, you must comply immediately. If you violate the [Event Code of Conduct](/site-policy/github-terms/github-event-code-of-conduct) or these Event Terms, the Event organizers may take any action they deem appropriate in their discretion, including warnings or expulsion from the Event with no refund. You must at all times obey the instructions or directions of the Event organizers.

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@ -11,148 +11,129 @@ topics:
---
<!-- markdownlint-disable search-replace -->
**THESE TERMS AND CONDITIONS (THE "AGREEMENT") GOVERN YOUR PARTICIPATION IN GITHUBS MARKETPLACE PROGRAM. BY ENROLLING TO PARTICIPATE IN THE MARKETPLACE PROGRAM 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.**
**These terms and conditions (the "Agreement") govern your participation in GitHubs 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: August 24, 2021
Effective Date: May 17, 2024
## 1. DEFINITIONS
Capitalized terms utilized in this Agreement and not defined herein shall have the meaning set forth in the GitHub Terms of Service located at [https://docs.github.com/articles/github-terms-of-service](/site-policy/github-terms/github-terms-of-service) (the “Terms” or “ToS”).
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](/site-policy/github-terms/github-terms-of-service). Those Terms of Service are referred to as the “Terms” or “ToS”.
"Action" means a mechanism that allows you to implement custom logic without having to create an application to perform a particular task with GitHub.
"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 trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned (or licensed) by such party from time to time.
“Brand Features” means the trademarks and similar intellectual property of each party.
"Developer" means you, and you are the company or individual who has created the software, content, and digital materials for use in connection with GitHub and accessible via Marketplace.
"Developer" or "You" means the company or individual who has created the Developer Application.
"Developer Application" or "Developer Product" means the Software, content and digital materials created by You for use in connection with GitHub and accessible via Marketplace and includes Actions.
"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 Developer Product via the GitHub Marketplace.
“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 GitHubs proprietary application program interface. Access to and use of the GitHub API is governed by the ToS.
“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 federal, state, local or foreign income, gross receipts, franchise, estimated, alternative minimum, sales, use, transfer, value added, excise, real or personal property, withholding or other tax, of any kind whatsoever, including any interest, penalties or additions to tax or additional amounts in respect of the foregoing.”
“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.
## 2. PURPOSE AND LICENSE GRANT
**2.1** This Agreement sets forth the terms and conditions pursuant to which Developer may publish Listings on GitHub Marketplace for purchase of Developer Products by End Users and use in connection with GitHub.com. This Agreement is applicable to Developer Products distributed for free and Developer Products for which End Users are charged a fee. Developer agrees to use the GitHub Marketplace solely for purposes permitted by this Agreement or as otherwise allowed by applicable law. As between GitHub and Developer, Developer is solely responsible for Developer Products.
**2.1** 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.
**2.2** Developer grants to GitHub a non-exclusive, worldwide, transferable, sublicensable, fully paid-up, royalty-free license to (a) host, link to, reproduce, modify, publicly perform, publicly display, test, distribute, make available, license and otherwise use the Listing; (b) reproduce, perform, display, use and access the Listing for administration and demonstration purposes in connection with the operation and marketing of the Marketplace; and (c) reproduce, display, distribute and otherwise use any Developer Brand Features furnished by Developer to GitHub under this Agreement solely for use in connection with the Marketplace and in order to fulfill its obligations under the Agreement.
**2.2** 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 Developers Brand Features in connection with Marketplace.
**2.3** In addition to the licenses granted above, GitHub may include Developer Brand Features furnished by Developer to GitHub under this Agreement in any presentations, communications, marketing materials, press releases, customer lists (including, without limitation any customer lists, posted to GitHub websites), publicity campaigns and other advertising collateral for purposes of marketing the Marketplace. If Developer discontinues the distribution of specific Developer Products on the Marketplace, GitHub will, after a commercially reasonable period of time, cease use of the discontinued Developer Products Brand Features. Nothing in this Agreement gives Developer a right to use any GitHub Brand Features.
**2.3** In addition to the licenses granted above, GitHub may include Developer Brand Features in any material marketing Marketplace. If Developer stops distributing a Developer Product on Marketplace, GitHub will stop use of the discontinued products Brand Features.
**2.4** Developer grants to each End User a non-exclusive, worldwide right or license to perform, display, and use the Developer Products and any content contained in, accessed by or transmitted through the Developer Products in connection with the Marketplace. Developer must include a separate end user license agreement (“EULA”) in its Developer Products that will govern the End Users rights to the Developer Products in lieu of the foregoing sentence. Developer acknowledges and agrees that the applicable EULA for each Developer Product is solely between Developer and the End User. GitHub shall not be responsible, nor have any liability whatsoever, under any EULA.
**2.4** Developer must include a separate end user license agreement (“EULA”) in its Developer Products that will govern the End Users rights to the Developer Products. Developer acknowledges and agrees that the applicable EULA for each Developer Product is solely between Developer and the End User. GitHub shall not be responsible, nor have any liability whatsoever, under any EULA.
**2.5** Except for the license rights granted in this Agreement, (a) Developer retains all rights in the Developer Products; (b) each party retains all rights it has independent of this Agreement, including rights under the US Copyright Act or similar laws of other jurisdictions; and (c) each party owns all rights, title and interest in its respective Brand Features. Each party is responsible for protecting and enforcing its own respective rights and neither party has an obligation to do so on the others behalf.
**2.5** Except for the license rights granted in this Agreement, (a) Developer retains all rights in the Developer Products; (b) each party retains all rights it has independent of this Agreement, including rights under the US Copyright Act or similar laws of other jurisdictions; and (c) each party owns all rights, title and interest in its respective Brand Features. Each party is responsible for protecting and enforcing its own rights and neither party has an obligation to do so on the others behalf.
**2.6** Developer acknowledges and agrees that GitHub shall be entitled to provide Developers name, address and other contact details to any third party that reasonably, in GitHubs sole determination, claims that Developer does not possess all of the necessary intellectual property rights in or to the Developer Products.
**2.6** GitHub shall be entitled to provide Developers name, address and other contact details to any third party as required by law or that reasonably, in GitHubs sole determination, claims that Developer does not possess all of the necessary intellectual property rights in or to the Developer Products.
## 3. RESTRICTIONS AND RESPONSIBILITIES
Notwithstanding any of the requirements set forth in Section 2, Purpose and License Grant, above, Developer acknowledges and agrees that its use of the Marketplace and participation in the Program is explicitly conditioned on Developers adherence to this Agreement, including without limitation, the restrictions and compliance requirements set forth in this Section 3.
Notwithstanding any of the requirements set forth in Section 2 (Purpose and License Grant) above, Developer's use of Marketplace is explicitly conditioned on Developers adherence to this Agreement, including the restrictions and compliance requirements set forth below.
**3.1** Developer agrees it will protect the privacy and legal rights of all End Users. If an End User provides Developer with, or the Product otherwise collects, discloses, accesses or uses, End User names, passwords or other personal information, then the Developer must (a) inform End Users that such information will be available to the Developer Products; and (b) provide legally adequate privacy notice and protection to End Users. Further, Developer Products may only use the information for the limited purpose for which Developer has obtained permission from End User. If Developer Products store or transmit personal or sensitive information provided by or obtained from End Users, then Developer must ensure all such activity is done so securely and must respond promptly to complaints, removal requests, and “do not contact” requests from GitHub or Marketplace End Users
**3.1** Developer agrees it will protect the privacy and legal rights of all End Users with respect to the use of Developer Products. If an End User provides Developer with, or the Developer Product otherwise collects, discloses, accesses or uses, End User Personal Data, then the Developer must (a) inform End Users that such information will be available to the Developer Products; (b) provide a legally adequate privacy notice and protection to End Users; (c) obtain valid End User consent as required, and (d) comply with all other data privacy obligations applicable to Developer.
**3.2** In order to use and access the GitHub API, Developer must obtain API credentials (a “Token”) by becoming a subscriber. Developer may not share its Token with any third party, shall keep such Token and all login information secure and shall use the Token as Developers sole means of accessing the GitHub API.
**3.2** In order to use and access a GitHub API, Developer must obtain a Token by becoming a subscriber. Developer may not share its Token with any third party, shall keep its Token and all login information secure, and shall use the Token as Developers sole means of accessing a GitHub API.
**3.3** Developer acknowledges and agrees that it will not engage in any activity with the Marketplace, including the distribution of Developer Products, that violates Marketplace policies or that:
**3.3** Developer will not engage in any activity with Marketplace, including attempting to distribute any Developer Product, that violates GitHub's Terms of Service including [Acceptable Use Policies](https://docs.github.com/en/site-policy/acceptable-use-policies/github-acceptable-use-policies). Additionally, Developer will not attempt to distribute any Developer Product that:
- 1\. Violates any applicable laws or regulations or promotes unlawful activities;
- 2\. Contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system);
- 3\. Interferes with, disrupts, damages, harms, or accesses in an unauthorized manner the machines, systems, hardware, servers, networks, devices, data or other property or services of any third party;
- 4\. Includes false or misleading content;
- 5\. Infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
- 6\. Is libelous, defamatory, or fraudulent;
- 7\. Enables the unauthorized download of streaming content or media;
- 8\. Displays or links to illegal content;
- 9\. harasses, abuses, threatens, or incites violence toward any individual or group, including GitHub employees, officers, and agents, or any End Users;
- 10\. Is or contains sexually obscene content;
- 11\. Is discriminatory or abusive toward any individual or group;
- 12\. Diverts End Users or provides links to any other site that mimics the Marketplace or passes itself off as the Marketplace.
* 1\. Contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system);
* 2\. Enables the unauthorized download of streaming content or media; or
* 3\. Diverts End Users or provides links to any other site that mimics Marketplace or passes itself off as Marketplace
**3.4** Developer shall not, under any circumstances, through Developer Products or otherwise, repackage or resell the Marketplace, GitHub API or Usage Data. Developer is not permitted to use the GitHub API or any Usage Data in any manner that does or could potentially undermine the security of the Service, the GitHub API, Usage Data or any other data or information stored or transmitted using the Marketplace. In addition, Developer shall not, and shall not attempt to, interfere with, modify or disable any features, functionality or security controls of the Marketplace or the GitHub API, defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms for the Marketplace or the GitHub API, or reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Marketplace or the GitHub API.
**3.4** With respect to Developer Products that interact with generative AI technology, including GitHub Copilot Extensions, Developer will:
**3.5** Developer acknowledges that Developer is solely responsible, and that GitHub has no responsibility or liability of any kind, for the content, development, operation, support or maintenance of Developer Products. Without limiting the foregoing, Developer will be solely responsible for
- (i) the technical installation and operation of its Developer Products;
- (ii) creating and displaying information and content on, through or within its Developer Products;
- (iii) ensuring that its Developer Products do not violate or infringe the intellectual property rights of any third party;
- (iv) ensuring that Developer Products are not offensive, profane, obscene, libelous or otherwise illegal;
- (v) ensuring that its Developer Products do not contain or introduce malicious software into the Marketplace, the GitHub API, any Usage Data or other data stored or transmitted using the Marketplace; and
- (vi) ensuring that its Developer Products are not designed to or utilized for the purpose of sending commercial electronic messages to any GitHub.com users, agents or End Users without their consent.
* 1\. Test the Developer Product using various inputs to ensure that outputs do not violate this Agreement;
* 2\. Notify users when they are interacting with generative AI content;
* 3\. Have a mechanism for End Users to report feedback to GitHub and Developer related to errors, bugs, improper, or undesired outputs; and
* 4\. Inform End Users the appropriate use cases, best practices, and limitations of the Developer Product.
**3.5** Developer shall not by any means repackage or resell Marketplace, a GitHub API, Personal Data, or Usage Data. Developer is not permitted to use a GitHub API or any Personal Data or Usage Data in any manner that does or could undermine the security of the Service, a GitHub API, Usage Data or any other data or information stored or transmitted using Marketplace. In addition, Developer shall not (a) interfere with, modify or disable any features, functionality or security controls of Marketplace or a GitHub API; (b) circumvent in any fashion any protection mechanisms for Marketplace or a GitHub API; or (c) reverse engineer, decompile, disassemble or derive the source code, underlying ideas, algorithms, structure or organizational form from Marketplace or a GitHub API.
**3.6** Developer will respect and comply with the technical and policy-implemented limitations of the GitHub API and the restrictions of this Agreement in designing and implementing Developer Products. Without limiting the foregoing, Developer shall not violate any explicit rate limitations on calling or otherwise utilizing the GitHub API.
**3.6** Developer acknowledges that Developer is solely responsible, and that GitHub has no responsibility or liability of any kind, for any aspect of Developer Products. Developer will be solely responsible for:
* (i) providing End Users instructions on installing and using its Developer Products;
* (ii) creating and displaying information and content on, through or within its Developer Products;
* (iii) ensuring that its Developer Products do not violate or infringe the intellectual property rights of any third party;
* (iv) ensuring that Developer Products are not offensive, profane, obscene, libelous or otherwise illegal;
* (v) ensuring that its Developer Products do not contain or introduce malicious software into Marketplace, a GitHub API, any Usage Data or other data stored or transmitted using Marketplace; and
* (vi) ensuring that its Developer Products are not designed to or utilized for the purpose of sending commercial electronic messages to any GitHub.com users, agents or End Users without their consent.
**3.7** GitHub reserves the right to terminate this Agreement immediately if GitHub determines that Developer has breached any requirement or obligation of this Section 3.
**3.7** Developer will respect and comply with the technical and policy-implemented limitations of a GitHub API and the restrictions of this Agreement in designing and implementing Developer Products. Developer shall not violate any explicit rate limitations on calling or otherwise utilizing a GitHub API.
**3.8** Nothing in this Agreement shall prevent either party from developing and/or publishing applications that are similar or otherwise compete with the other party's applications.
**3.8** Nothing in this Agreement shall prevent either party from developing and/or publishing applications that are similar or otherwise compete with the other party's applications.
## 4. TAKEDOWNS
**4.1** Your Takedowns. Upon providing GitHub with thirty (30) days written notice in advance of the 1st day of the succeeding calendar month, you may remove your Listings from future distribution via Marketplace, but you must comply with this Agreement for any Listing distributed through Marketplace, including but not limited to refund requirements. Removing your Listing from future distribution via Marketplace does not (a) affect the license rights of End Users who have previously purchased or installed your Listing or (b) change your obligation to deliver or support Listing that has been previously purchased or installed by users.
**4.1** Your Takedowns. Upon providing GitHub with thirty (30) days written notice, you may remove your Listing from future distribution via Marketplace. You must continue to comply with this Agreement for any Listing already distributed through Marketplace including but not limited to refund requirements. Removing your Listing from future distribution via Marketplace does not (a) affect the license rights of End Users who have previously purchased or installed your Listing or (b) change your obligation to deliver or support Listing that has been previously purchased or installed by users. If you remove your Listing, GitHub will not disclose your reason for the removal.
Notwithstanding the foregoing, in no event will GitHub maintain on any portion of Marketplace any Listing that you have removed from Marketplace and provided written notice to GitHub that such removal was due to:
**4.2** GitHub Review and Takedowns. GitHub may review or test your Listing for compliance with this Agreement, GitHub ToS, and any other applicable terms, obligations, laws, or regulations. GitHub retains sole and absolute discretion over what Listings are included on Marketplace. You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for Marketplace, or as part of your continued use of Marketplace. You agree that any information you give to Marketplace will be accurate, correct and up to date. As part of the specification for your Listing, GitHub may ask that you include in the file for your Listing information such as your name and email address. GitHub may use this information when featuring the Listing in our directory or for other uses.
- (i) an allegation of infringement, or actual infringement, of any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person,
- (ii) an allegation of defamation or actual defamation,
- (iii) an allegation of violation, or actual violation, of any third party's right of publicity or privacy, or
- (iv) an allegation or determination that such Listing does not comply with applicable law.
If GitHub is notified by you or otherwise becomes aware and determines, in its sole discretion, that a Listing or any portion thereof or your Brand Features:
If you remove a Listing from Marketplace pursuant to clauses (i), (ii), (iii) or (iv) of this Section 4.1, and an End User purchased such Listing within a year before the date of takedown, GitHub is not responsible for refund(s) to the affected buyer of any amount paid by such End Customer during the year before the date of takedown for such affected Listing.
* (a) violates the terms of this Agreement or the ToS;
* (b) the display of the Listing is impacting the integrity of GitHub servers (i.e., users are unable to access such content or otherwise experience difficulty);
* (c) is deemed by GitHub to add undue risk to Marketplace End Users data or impair the user experience of Marketplace or GitHub; or
* (d) is subject to End User complaints in regards to your breach of your EULA,
**4.2** GitHub Review and Takedowns. While GitHub is not obligated to monitor the Listing or their content, GitHub may at any time review or test your Listing for compliance with this Agreement, the Marketplace program policies, and any other applicable terms, obligations, laws, or regulations. GitHub retains the right to refuse to include a Listing on Marketplace in its sole discretion. You may be required to provide information about yourself (such as identification or contact details) as part of the registration process for Marketplace, or as part of your continued use of Marketplace. You agree that any information you give to Marketplace will always be accurate, correct and up to date. As part of the specification for your Listing, GitHub may ask that you include in the file for your Listing information such as your name and email address. GitHub may use this information when featuring the Listing in our directory or for other uses.
GitHub may: suspend the transfer of Personal Data to your Developer Product; prohibit the collection and processing of Personal Data via your Developer Product; remove the Listing from Marketplace; flag, filter, or modify related materials (including but not limited to descriptions, screenshots, or metadata); or reclassify the Listing at its sole discretion. If GitHub takes any of these actions on your Listing, you may appeal GitHub's action through the [GitHub Appeal and Reinstatement Process](https://docs.github.com/en/site-policy/acceptable-use-policies/github-appeal-and-reinstatement)
If GitHub is notified by you or otherwise becomes aware and determines in its sole discretion that a Listing or any portion thereof or your Brand Features
- (a) violates the intellectual property rights or any other rights of any third party;
- (b) violates any applicable law or is subject to an injunction;
- (c) is pornographic, obscene or otherwise violates GitHub's hosting policies or other terms of service as may be updated by GitHub from time to time in its sole discretion;
- (d) is being distributed by you improperly;
- (e) may create liability for GitHub or any third party;
- (f) is deemed by GitHub to be malicious or defective;
- (g) violates the terms of this Agreement or the Marketplace program policies;
- (h) the display of the Listing is impacting the integrity of GitHub servers (i.e., users are unable to access such content or otherwise experience difficulty);
- (i) is deemed by GitHub to add undue risk to Marketplace End Users data or impair the user experience of Marketplace or GitHub;
- (j) is subject to user complaints in regards to your breach of your EULA, or
- (k) otherwise violates the Terms or this Agreement,
GitHub may: prevent the Listing from being made available on Marketplace; remove the Listing from Marketplace; flag, filter, or modify related materials (including but not limited to descriptions, screenshots, or metadata); or reclassify the Listing at its sole discretion. GitHub reserves the right to suspend or bar any Listing from Marketplace at its sole discretion.
In the event that your Listing is involuntarily removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party's right of publicity or privacy, or does not comply with applicable law, and an end user purchased such Listing within a year before the date of takedown:
- (i) you must refund to the affected buyer all amounts paid by such End Customer during the year before the date of takedown for such affected Listing.
- (ii) GitHub may, at its sole discretion, withhold from your future sales the amount in subsection (i) above.
**4.3** From time to time, GitHub may check for available updates to Listing, including but not limited to bug fixes or enhanced functionality. If you update your Listing to Marketplace, you agree that such update will be automatically requested, downloaded, and installed without further notice to you. GitHub makes no guarantees regarding the timing of such updates. For the avoidance of doubt, updates to Listing are subject to the same terms and conditions as the Listing, including without limitation Section 4.2 of this Agreement (GitHub Review and Takedowns).
**4.3** Developer Product Updates. From time to time, GitHub may check for available updates to any Listing, including but not limited to bug fixes or enhanced functionality. If you update your Listing to Marketplace, you agree that such update will be automatically requested, downloaded, and installed without further notice to you. GitHub makes no guarantees regarding the timing of such updates. Updates to a Listing are subject to the same terms and conditions as the Listing.
**4.4** End-User Takedowns. If an End-User uses your Developer Product in a way that violates the Terms, then we have the right to suspend or terminate that End-User's access to the Developer Product without any liability to you.
## 5. REPRESENTATIONS, WARRANTIES AND COVENANTS
**5.1** Developer represents and warrants that Developer has notified all users of such Developer Applications that their account data will be transmitted outside the Service and Developer terms will control the privacy, security or integrity of such account data. Developer further represents and warrants that to the extent Developers Applications store, process or transmit account data, neither Developer nor Developers Application will, without appropriate prior user consent or except to the extent required by applicable law,
- (i) modify the content of account data in a manner that adversely affects the integrity of account data;
- (ii) disclose account data to any third party; or
- (iii) use account data for any purpose other than providing the Developer Application functionality to users of such Developer Application. Developer shall maintain and handle all account data in accordance with privacy and security measures reasonably adequate to preserve the confidentiality and security of all account data and all applicable privacy laws and regulations.
**5.1** Developer must inform End Users of the Personal Data that will be transmitted to the Developer Application from the Service and that Developer terms will control the privacy, security or integrity of such Personal Data. To the extent Developers Applications store, process or transmit Personal Data, neither Developer nor Developers Application will, without appropriate prior user consent or except to the extent required by applicable law,
* (i) modify the content of Personal Data in a manner that adversely affects the integrity of the Personal Data;
* (ii) disclose the Personal Data to any third party; or
* (iii) use the Personal Data for any purpose other than providing the Developer Application functionality to users of such Developer Application.
Developer shall maintain and handle all Personal Data in accordance with privacy and security measures reasonably adequate to preserve the confidentiality and security of all such Personal Data and all applicable privacy laws and regulations.
**5.2** Developer agrees that it will comply with the GitHub Data Protection Addendum.
**5.3** Developer represents, warrants and covenants that: (i) its Developer Products and Developer Brand Features do not and will not violate, misappropriate or infringe upon the intellectual property rights of any third party; (ii) Developer will comply with all applicable local, state, national and international laws and regulations, including, without limitation, all applicable export control laws, and maintain all licenses, permits and other permissions necessary to develop, implement and distribute its Developer Products; and (iii) its Developer Products do not and will not contain or introduce into the Marketplace, the GitHub API, any Usage Data or other data stored or transmitted using the Marketplace, any malicious software; (vi) its Developer Products are not designed to or utilized for the purpose of sending commercial electronic messages to any GitHub customers, agents or End Users without their consent; (vi) it has all right, power and authority to grant the licenses granted to GitHub and End Users herein; (vii) it acknowledges GitHubs right to charge transaction and/or listing fees as provided in Section 6 herein; any images and text that are used to market the Developer Products or that Developer has uploaded to the Marketplace are truthful, accurate and not intended to mislead or confuse the End User.
**5.3** You Support Your Developer Product. Developer will be solely responsible for support and maintenance of your Developer Products and any complaints about your Developer Products. Your support contact information will be displayed in each application detail page and made available to users for customer support purposes. Failure to provide adequate support for your Developer Products may result in reduced product exposure, or in some cases removal from Marketplace or anywhere else on GitHub.com where previously purchased or downloaded Developer Products are stored on behalf of users.
**5.4** DISCLAIMER OF WARRANTIES. ALL ASPECTS OF THE MARKETPLACE AND THE GITHUB API, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND GITHUB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. DEVELOPER ACKNOWLEDGES THAT GITHUB DOES NOT WARRANT THAT THE MARKETPLACE OR GITHUB API WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES, MALWARE, OR WORMS (OTHERWISE KNOWN AS COMPUTER CODE OR OTHER TECHNOLOGY SPECIFICALLY DESIGNED TO DISRUPT, DISABLE, OR HARM YOUR SOFTWARE, HARDWARE, COMPUTER SYSTEM, OR NETWORK), AND NO INFORMATION OR ADVICE OBTAINED BY DEVELOPER FROM GITHUB OR THROUGH THE MARKETPLACE OR GITHUB API SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. GITHUB IS NOT RESPONSIBLE FOR AND SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY UNAUTHORIZED USE OF DEVELOPER PRODUCTS OUTSIDE THE MARKETPLACE.
**5.4** Developer represents and warrants that: (i) its Developer Products and Developer Brand Features do not and will not violate, misappropriate or infringe upon the intellectual property rights of any third party; (ii) Developer will comply with all applicable laws and regulations, including this Agreement and GitHub's Terms of Service, and maintain all permissions necessary to develop, implement, and distribute its Developer Products; (iii) its Developer Products do not and will not contain or introduce any malicious software; (iv) its Developer Products are not designed to or utilized for the purpose of sending commercial electronic messages to any GitHub customers, agents or End Users without their consent; (v) Developer has all right, power and authority to grant the licenses granted to GitHub and End Users herein; and (vi) any images and text that are used to market the Developer Products or that Developer has uploaded to Marketplace are truthful, accurate and not intended to mislead or confuse the End User.
## 6. PRICING AND PAYMENT TERMS
**5.5** Disclaimer of Warranties. All aspects of Marketplace and GitHub API, including all server and network components, are provided on an “as is” and “as available” basis, without any warranties of any kind. GitHub expressly disclaims any and all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Developer acknowledges that GitHub does not warrant that Marketplace or a GitHub API will be uninterrupted, timely, secure, error-free, or free from viruses, malware, or worms (otherwise known as computer code or other technology specifically designed to disrupt, disable, or harm your software, hardware, computer system, or network), and no information or advice obtained by developer from GitHub or through Marketplace or a GitHub API shall create any warranty not expressly stated in these terms. GitHub is not responsible for, and specifically disclaims any liability for, any unauthorized use of Developer Products outside Marketplace.
## 6. PAID APPLICATIONS OR PRODUCTS
**6.1** GitHub will be the merchant of record for Developer Products purchased by End Users via Marketplace.
**6.2** Prices for Marketplace Listings of Developer Applications will be set in US Dollars (USD). Developer has complete control over setting pricing for each Listing, and once set, such pricing cannot be changed. You may retire a pricing plan for an existing Listing and add a new pricing plan for such Listing, provided that such new pricing plan shall not negatively impact existing End Users. The prices you set for Developer Products will determine the amount of payment you will receive. GitHub will remit 95% of the sale price in USD without reduction for Taxes except for any withholding taxes that are required under applicable law. The remaining 5% of the sales price will be allotted to and retained by GitHub. At the end of each month and upon reaching a minimum value of $500 USD, GitHub will remit your share of payments.
**6.2** Registration. Developer will be required to provide information about yourself (such as identification or contact details) as part of the registration process for Marketplace, or as part of your continued use of Marketplace including, but not limited to: (i) name, (ii) address, (iii) telephone number, (iv) e-mail address, and (v) payment account details. GitHub may publicize Developers information on Marketplace and retain Developers registration information as required by applicable law.
**6.3** Pricing. Prices for Listings of Developer Applications will be set in US Dollars (USD). Developer has complete control over setting pricing for each Listing. The prices you set for Developer Products will determine the amount of payment you will receive. GitHub will remit 95% of the sale price in USD without reduction for Taxes except for any withholding taxes that are required under applicable law. The remaining 5% of the sales price will be allotted to and retained by GitHub. At the end of each month and upon reaching a minimum value of $500 USD, GitHub will remit your share of payments.
**6.3** Refund Requirements. You will be responsible for specifying the terms and conditions regarding refunds to your End Users. In no event shall GitHub be responsible for providing any support for refunds, nor shall GitHub be liable for payment of any refund.
**6.4** You Support Your Developer Product. You will be solely responsible for support and maintenance of your Developer Products and any complaints about your Developer Products. Your support contact information will be displayed in each application detail page and made available to users for customer support purposes. Failure to provide adequate support for your Developer Products may result in less prominent product exposure, or in some cases removal from Marketplace or anywhere else on GitHub.com where previously purchased or downloaded Developer Products are stored on behalf of users.
**6.3** Refunds. You will be responsible for specifying the terms and conditions regarding refunds to your End Users. In no event shall GitHub be responsible for providing any support for refunds, nor shall GitHub be liable for payment of any refund.
## 7. OWNERSHIP
@ -160,37 +141,37 @@ Subject to the limited licenses expressly provided in this Agreement, nothing in
## 8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL GITHUB, OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO DEVELOPER OR ANY THIRD PARTY UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY DEVELOPER OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, GITHUBS AGGREGATE LIABILITY TO DEVELOPER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED SIX (6) MONTHS SPEND.
Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will GitHub, or its affiliates, officers, directors, employees, agents, or suppliers be liable to developer or any third party under this agreement for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by Developer or any third party in connection with this Agreement, regardless of whether Developer has been advised of the possibility of or could have foreseen such damages notwithstanding anything to the contrary in this Agreement, GitHubs aggregate liability to Developer or any third party arising out of this Agreement shall not exceed $500 (five hundred) USD.
## 9. INDEMNIFICATION
**9.1** To the maximum extent permitted by applicable law, Developer agrees to defend, indemnify and hold harmless GitHub, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising from or relating to (a) Developers use of the Marketplace in violation of this Agreement, the Terms or any applicable laws or regulations; (b) Developers Products that infringe any copyright, trademark, trade secret, patent or other intellectual property right of any third party; (c) any loss or disclosure of data or personal information by Developer Products; and (d) Developers EULA (or ToS).
To the maximum extent permitted by applicable law, Developer agrees to defend, indemnify and hold harmless GitHub, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising from or relating to (a) Developers use of Marketplace in violation of this Agreement, the Terms or any applicable laws or regulations; (b) Developers Products that infringe any copyright, trademark, trade secret, patent or other intellectual property right of any third party; (c) any loss or disclosure of data or Personal Data by Developer Products; and (d) Developers EULA (or ToS).
## 10. TERMINATION
**10.1** This Agreement will continue to apply until terminated by either party as set forth below.
**10.2** Either party may terminate this Agreement for any reason upon providing written notice to the other forty-five (45) days prior to the immediately following calendar month. During such 45 day period the terms in effect at the time such notice of termination has been provided shall govern for the duration of the 45-day notice period until the date of actual termination.
**10.2** Either party may terminate this Agreement for any reason upon thirty (30) days written notice. During the 30 day period the terms in effect at the time of the notice of termination shall govern.
**10.3** GitHub may terminate this Agreement at any time if (a) you have breached any provision of this Agreement or (b) GitHub is required to do so by law.
**10.4** Effects of Termination by Developer. Upon receiving forty-five (45) days advanced written notice of termination from Developer, Developer will be disabled from taking on new customers via Marketplace. Any outstanding fees shall be remitted upon termination and removal of the Developer Product from Marketplace. If termination is initiated as a result of a GitHub modification to these terms (Section 11), the terms in effect immediately prior to such modification shall govern for the duration of the 45-day notice period until the date of actual termination.
**10.4** Effects of Termination by Developer. Upon receiving thirty (30) days advanced written notice of termination from Developer, Developer will be disabled from taking on new customers via Marketplace. Any outstanding fees shall be remitted upon termination and removal of the Developer Product from Marketplace. If termination is initiated as a result of a GitHub modification to these terms (Section 11), the terms in effect immediately prior to such modification shall govern the duration of the 30-day notice period.
**10.5** The obligations in Sections 2, 3, 4, 5, 8, 9 and 12-18 will survive any expiration or termination of this Agreement.
**10.5** The obligations in Sections 2, 3, 4, 5, 8, 9, 12-18, and Data Protection Addendum will survive any expiration or termination of this Agreement.
## 11. MODIFICATION
Developer acknowledges and agrees that GitHub may modify this Agreement, Marketplace, the GitHub API, the General API Policies, GitHub Privacy Policy, the GitHub Developer Program ToS, and the GitHub.com ToS from time to time (a “Modification”). All Modifications shall be communicated through Marketplace, the GitHub website at www.GitHub.com or through a form of direct communication from GitHub to Developer. Developer further acknowledges and agrees that such Modifications may be implemented at any time and without any notice to Developer. Developer shall, within forty-five (45) days from the date of first notice of any Modification(s) (or such shorter period of time specified in the notice of the Modification(s)) (the “Conformance Period”) comply with such modification(s) by implementing and using the most current version of the GitHub API in the most current version of the Developer Products and making any changes to Developer Products that may be required as a result of such Modification(s). Developer acknowledges that a Modification may have an adverse effect on Developer Products, including but not limited to changing the manner in which applications communicate with the GitHub API. GitHub shall have no liability of any kind to Developer or any End User with respect to such Modifications or any adverse effects resulting from such Modifications. Developers continued access to or use of Marketplace or the GitHub API following the Conformance Period shall constitute binding acceptance of the Modification(s) at issue.
Developer acknowledges and agrees that GitHub may modify this Agreement, Marketplace Terms of Service, a GitHub API, the General API Policies, GitHub Privacy Statement, the GitHub Developer Program Terms of Service, and the GitHub.com ToS from time to time (a “Modification”). All Modifications shall be communicated through Marketplace, the GitHub website at www.GitHub.com or through a form of direct communication from GitHub to Developer. Developer further acknowledges and agrees that such Modifications may be implemented at any time and without any notice to Developer. Developer shall, within thirty (30) days from the date of first notice of any Modification(s) (or such shorter period of time specified in the notice of the Modification(s)) (the “Conformance Period”) comply with such modification(s) by implementing and using the most current version of a GitHub API in the most current version of the Developer Products and making any changes to Developer Products that may be required as a result of such Modification(s). Developer acknowledges that a Modification may have an adverse effect on Developer Products, including but not limited to changing the manner in which applications communicate with a GitHub API. GitHub shall have no liability of any kind to Developer or any End User with respect to such Modifications or any adverse effects resulting from such Modifications. Developers continued access to or use of Marketplace or a GitHub API following the Conformance Period shall constitute binding acceptance of the Modification(s).
## 12. ASSIGNMENT; ENTIRE AGREEMENT; REVISIONS
**12.1** Developer may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or Developers rights under this Agreement or delegate performance of Developers duties under this Agreement without GitHubs prior written consent. The rights granted in this Agreement may be assigned or transferred by GitHub without Developers prior approval. In addition, GitHub may delegate its responsibilities or obligations under this Agreement without Developers consent.
**12.2** This Agreement, together with the Terms, constitute the entire agreement between the parties with respect to the subject matter of this Agreement. GitHubs failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.
**12.2** This Agreement, together with the ToS, constitute the entire agreement between the parties with respect to the subject matter of this Agreement. GitHubs failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.
## 13. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
If any part of this Agreement is held to be unenforceable, the rest of the Agreement will remain in full force and effect.
## 14. RELATIONSHIP OF THE PARTIES
@ -198,80 +179,80 @@ The parties are independent contractors. This Agreement does not create a partne
## 15. NOTICE
All notices to be provided by GitHub to Developer under this Agreement may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or U.S. mail to the contact mailing address provided by Developer to GitHub; or (ii) electronic mail to the electronic mail address provided by Developer. Developer must give notice to GitHub in writing by Courier or U.S. Mail to the following address: GitHub, Inc., Attn: Legal Department, 88 Colin P. Kelly Jr. Street, San Francisco, CA 94107 USA. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
Notices to GitHub may be submitted via email to legal@support.github.com. If Customer wishes to formally service notice on GitHub, it must be made through GitHubs registered agent: GitHub, Inc. c/o Corporation Service Company 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833-3505. Notices must be in writing and will be treated as delivered on the date received at the address, date shown on the return receipt, email transmission date, or date on the courier confirmation of delivery. All notices to be provided by GitHub to Developer under this Agreement may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or U.S. mail to the contact mailing address provided by Developer to GitHub; or (ii) electronic mail to the electronic mail address provided by Developer.
## 16. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. Developer hereby expressly agrees to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California, San Francisco County, for the purpose of resolving any dispute relating to this Agreement. Notwithstanding the foregoing, GitHub shall be entitled to seek injunctive remedies or other types of urgent legal relief in any jurisdiction.
This Agreement will be governed by and construed in accordance with the laws of the State of California and federal laws of the United States. Any legal action or proceeding will be brought exclusively in the federal or state courts located in the Northern District of California. The parties consent to personal jurisdiction and venue there.
## 17. EXPORT RESTRICTIONS
DEVELOPER PRODUCTS DISTRIBUTED VIA MARKETPLACE MAY BE SUBJECT TO EXPORT CONTROLS OR RESTRICTIONS BY THE UNITED STATES OR OTHER COUNTRIES OR TERRITORIES. DEVELOPER AGREES TO COMPLY WITH ALL APPLICABLE US AND INTERNATIONAL EXPORT LAWS AND REGULATIONS. THESE LAWS MAY INCLUDE RESTRICTIONS ON DESTINATIONS, CONTENT AND/OR END USERS.
Developer Products distributed via Marketplace may be subject to export controls or restrictions by the United States or other countries or territories. Developer agrees to comply with all applicable US and international export laws and regulations. These laws may include restrictions on destinations, content and/or End Users.
## 18. USAGE DATA
In order to operate and improve Marketplace, GitHub may collect Usage Data from Marketplace and GitHub API or anywhere previously purchased or downloaded Developer Products are stored on behalf of End Users by GitHub. The Usage Data will be maintained in accordance with GitHubs then in effect privacy policies. Limited Usage Data may be available for use by Developer in GitHubs sole discretion.
In order to operate and improve Marketplace, GitHub may collect Usage Data from Marketplace or a GitHub API or anywhere previously purchased or downloaded Developer Products are stored on behalf of End Users by GitHub. The Usage Data will be maintained in accordance with GitHubs then in effect Privacy Statement. Limited Usage Data may be available for use by Developer in GitHubs sole discretion.
# Addendum1: Data Protection Addendum
## 19. PRE-RELEASE ACCESS
If you have a Listing on a portion of Marketplace that is in a beta or similar pre-release status, your use of that portion is governed by GitHubs [Pre-release License Terms](https://docs.github.com/en/site-policy/github-terms/github-pre-release-license-terms).
# Addendum 1: Data Protection Addendum
This Data Protection Addendum (this “Addendum”) is attached to and made a part of the GitHub Marketplace Developer Agreement between you and GitHub (the “Agreement”). Terms not defined in this Addendum have the meanings ascribed to them in the Agreement. In the event of a conflict or inconsistency, the terms of this Addendum will supersede those of the Agreement.
**A1-1. Purpose and Scope**
GitHub maintains personal information from individuals all over the world, some of whom are residents of countries and areas with strong data protection laws. This Addendum establishes your responsibilities when you receive and process any protected data from GitHub.
GitHub maintains Personal Data from individuals all over the world, some of whom are residents of countries and areas with strong data protection laws. This Addendum establishes your responsibilities when you receive and process any such Personal Data from GitHub.
**A1-2. Definitions**
- a. “Applicable Data Protection Laws” means any laws, regulations, regulatory frameworks, or other legislations relating to the processing and use of Personal Information, as applicable to the Agreement, including:
- The EU General Data Protection Regulation 2016/679 (“GDPR”), along with any implementing or corresponding equivalent national laws or regulations;
- The California Consumer Privacy Act of 2018, Cal. Civ. Code §§1798.100 et seq. ("CCPA"); and
- The UK Data Protection Act 2018 and implementation of GDPR contained therein.
- b. “Personal Information” means any information which relates to an individual GitHub End User, customer or employee which could, alone or together with other information, personally identify him or her, whether supplied by GitHub for processing by the Developer or whether generated by the Developer in the course of performing its obligations under this Agreement.
- c. “Processing” means any operation or set of operations performed on GitHub Protected Data, whether by manual or automatic means, including collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, blocking, erasure, or destruction.
- d. “Protected Data” means any confidential information transferred by GitHub to the Developer about a GitHub End User, including the Personal Information, metadata, Usage Data, or other data or information that is associated with GitHub End Users.
* (a) “Applicable Data Protection Laws” means any laws, regulations, regulatory frameworks, or other legislations relating to the processing and use of Personal Data, as applicable to the Agreement, including:
* The EU General Data Protection Regulation 2016/679 (“GDPR”), along with any implementing or corresponding equivalent national laws or regulations;
* The California Consumer Privacy Act of 2018, Cal. Civ. Code §§1798.100 et seq. ("CCPA"); and
* The UK Data Protection Act 2018 and implementation of GDPR contained therein.
* (b) “Personal Data” means any information which relates to an individual GitHub End User, customer or employee which could, alone or together with other information, identify them, whether supplied by GitHub for processing by the Developer or whether generated by the Developer in the course of performing its obligations under this Agreement.
* (c) “Processing” means any operation or set of operations performed on Personal Data, whether by manual or automatic means, including collection, recording, organization, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, blocking, erasure, or destruction.
**A1-3. Compliance with Data Transfer Laws**
- a. GitHub Compliance. GitHub complies with Applicable Data Protection Laws. GitHub relies on Standard Contractual Clauses ("SCCs") for all transfers out of the European Union, European Economic Area, United Kingdom, and Switzerland to provide its services. In addition, GitHub is certified to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks and the commitments they entail, although GitHub does not rely on the EU-U.S. Privacy Shield Framework as a legal basis for transfers of Personal Information in light of the judgment of the Court of Justice of the EU in Case C-311/18. GitHub will only transfer Personal Information to the Developer for the limited and specified purposes for which it was collected.
- b. Developer Compliance. Developer represents and warrants that it will (i) comply with Applicable Data Protection Laws; and (ii) abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of Personal Information from the European Economic Area, United Kingdom, and Switzerland. All transfers of Personal Information to a third country or an international organization will be subject to appropriate safeguards as described in Article 46 of the GDPR and such transfers and safeguards will be documented according to Article 30(2) of the GDPR.
* (a) GitHub Compliance. GitHub complies with Applicable Data Protection Laws. GitHub relies on Standard Contractual Clauses ("SCCs") for all transfers out of the European Union, European Economic Area, United Kingdom, and Switzerland to provide its services. 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.
* (b) Developer Compliance. Developer represents and warrants that it will (i) comply with Applicable Data Protection Laws; and (ii) abide by the requirements of European Economic Area and Swiss data protection laws regarding the collection, use, transfer, retention, and other processing of Personal Data from the European Economic Area, United Kingdom, and Switzerland. All transfers of Personal Data to a third country or an international organization will be subject to appropriate safeguards as described in Article 46 of the GDPR and such transfers and safeguards will be documented according to Article 30(2) of the GDPR.
**A1-4. Data Protection**
- a. Notice. Developer must identify itself as the collector and processor of all data it collects from the End User. Developer must not hold itself out as collecting any Personal Information on GitHubs behalf. Developer must provide sufficient notice of its privacy practices to the End User, such as by posting a privacy policy.
- b. Purpose Limitation.
- i. GitHub will provide Developer with Protected Data elements for the purpose of establishing and facilitating a relationship between the Developer and the End User, and permitting Developer to provide services to the End User. Developer must limit its usage of the Protected Data to that purpose, unless the End User agrees to allow different uses.
- ii. Developer must process and communicate the Protected Data to third parties only for the limited and specific purposes of providing its services to the End User as described in its agreement with the End User, unless the End User agrees to allow different uses.
- c. Data Quality and Proportionality. Developer must keep the Protected Data accurate and up to date.
- d. Security. Developer must take all reasonable security measures appropriate to the risks, such as against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, presented by processing the Protected Data.
- e. Data Retention and Deletion. Upon GitHubs reasonable request, unless prohibited by law, Developer must return or destroy all Personal Information and related data at all locations where it is stored after it is no longer needed for the limited and specified purposes for which it was collected.
- f. Subprocessing and Onward Transfer. Developer is liable for onward transfers of Protected Data to its subprocessors. In the event that Developer must transfer the Protected Data to a third party, or Developer installs, uses, or enables third party services to process the Protected Data on Developers behalf, Developer must ensure that the third party will provide at least the same level of privacy protection as is required herein.
* (a) Notice. Developer must provide End Users their privacy policy which identifies itself as responsible for the collection, processing, privacy, security, and integrity of all data it collects from the End User. Developer must not hold itself out as collecting any Personal Data on GitHubs behalf. Developers privacy policy must provide End Users all legally required information regarding access, collection, storage, and processing purpose of Personal Data, with whom the Personal Data is shared, and in which country or countries the Personal Data will be stored.
* (b) Purpose Limitation.
* (i) GitHub will provide Developer with Personal Data elements for the purpose of establishing and facilitating a relationship between the Developer and the End User, and permitting Developer to provide services to the End User. Developer must limit its usage of the Personal Data to that purpose, unless the End User agrees to allow different uses.
* (ii) Developer must process and communicate the Personal Data to third parties only for the limited and specific purposes of providing its services to the End User as described in its agreement with the End User, unless the End User agrees to allow different uses.
* (c) Data Quality and Proportionality. Developer must keep the Personal Data accurate and up to date. Developer must only collect Personal Data appropriate and necessary to provide the service.
* (d) Security. Developer must take all reasonable security measures appropriate to the risks, such as against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, presented by processing the Personal Data.
* (e) Data Retention and Deletion. Upon GitHubs reasonable request, unless prohibited by law, Developer must return or destroy all Personal Data and related data at all locations where it is stored after it is no longer needed for the limited and specified purposes for which it was collected.
* (f) Subprocessing and Onward Transfer. Developer is liable for onward transfers of Personal Data to its subprocessors. In the event that Developer must transfer the Personal Data to a third party, or Developer installs, uses, or enables third party services to process the Personal Data on Developers behalf, Developer must ensure that the third party will provide at least the same level of privacy protection as is required herein.
**A1-5. Use of Protected Data**
**A1-5. Use of Personal Data**
- a. Permitted Use. Developer may process the Protected Data only for the purposes set out in Section 4(b)(i), and no other purpose.
- b. No Use in Marketing. Developer must not use the Protected Data for the purposes of advertising any third party goods or services, and may not sell the Protected Data to any third party.
- c. Automated Decisions. In the event that the Developer makes automated decisions affecting GitHub customers rights, including employment, credit, or health, the Developer must provide notice to the individuals.
* (a) Permitted Use. Developer may process the Personal Data only for the purposes set out in Section 4(b)(i), and no other purpose.
* (b) No Use in Marketing. Developer must not use the Personal Data for the purposes of advertising any third party goods or services, and may not sell the Personal Data to any third party.
* (c) Automated Decisions. In the event that the Developer makes automated decisions affecting End Users rights, including employment, legal, credit, or health, the Developer must provide notice to the End User.
**A1-6. Compliance**
On request, Developer will make its Privacy Statement, Privacy Policy, Privacy Notice, or any similar documentation available. Developer will also provide notice of any relevant compliance reports, including Privacy Shield compliance.
Developer will make its Privacy Statement, Privacy Policy, Privacy Notice, or any similar documentation available to GitHub and End User. Developer will also provide notice of any relevant compliance reports.
**A1-7. Termination**
- a. Suspension. In the event that Developer is in breach of its obligations to maintain an adequate level of privacy protection, GitHub may temporarily suspend the transfer of Protected Data or prohibit collection and processing of Protected Data on GitHubs behalf until the breach is repaired or the Agreement is terminated.
- b. Termination With Cause. GitHub may terminate the Agreement without prejudice to any other claims at law or in equity in the event that:
- i. the Developer notifies GitHub that it can no longer meet its privacy obligations;
- ii. the transfer, collection, or processing of Protected Data has been temporarily suspended for longer than one month pursuant to 7(a);
- iii. the Developer is in substantial or persistent breach of any warranties or representations under this Data Protection Addendum;
- iv. the Developer is no longer carrying on business, is dissolved, enters receivership, or a winding up order is made on behalf of Developer.
- c. Breach. Failure to comply with the provisions of this Data Protection Addendum is considered a material breach under the Master Services Agreement.
- d. Notification.
In the event that Developer determines that it can no longer meet its privacy obligations under this Agreement, it must notify GitHub immediately.
* (a) Takedown. In the event that Developer is in breach of its obligations to maintain an adequate level of privacy protection, GitHub may take action in accordance with Section 4 (Takedowns) or Section 10 (Termination).
* (b) Termination. GitHub may terminate this Agreement without prejudice to any other claims at law or in equity in the event that:
* (i) the Developer notifies GitHub that it can no longer meet its privacy obligations, including loss of Developer Privacy Shield certification;
* (ii) the transfer, collection, or processing of Personal Data has been temporarily suspended for longer than one month pursuant to 7(a);
* (iii) the Developer is in substantial or persistent breach of any warranties or representations under this Data Protection Addendum;
* (iv) the Developer is no longer carrying on business, is dissolved, enters receivership, or a winding up order is made on behalf of Developer.
* (c) Notification. In the event that Developer determines that it can no longer meet its privacy obligations under this Agreement, it must notify GitHub immediately.
In the event that Developer was certified under Privacy Shield and allows that certification to lapse or otherwise cannot remain certified under Privacy Shield, Developer must notify GitHub immediately.
- e. Modifications. GitHub may modify this Addendum from time to time as required by law, with thirty days notice to Developer. If Developer is unable to comply with the modifications to the Addendum, GitHub may terminate the Agreement.
- f. Upon Termination, Developer must:
- i. take reasonable and appropriate steps to stop processing of the Protected Data;
- ii. within thirty days of termination, delete any Protected Data Developer stores on GitHubs behalf; and
- iii. provide GitHub with reasonable assurance that Developer has stopped processing the Protected Data and deleted the stored Protected Data.
* (d) Upon Termination, Developer must:
* (i) take reasonable and appropriate steps to stop processing of Personal Data;
* (ii) within thirty days of Termination, delete any Personal Data Developer stores on GitHubs behalf; and
* (iii) provide GitHub with reasonable assurance that Developer has stopped processing the Personal Data and deleted stored Personal Data.
**A1-8. Liability for Data Processing**
- a. Direct Liability. Developer will be liable to GitHub for actual damages caused by any breach of this Addendum subject to the terms in Section 8, Limitation on Liability of the Marketplace Developer Agreement.
* Direct Liability. Developer will be liable to GitHub for actual damages caused by any breach of this Addendum subject to the terms in Section 8, Limitation on Liability.

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@ -10,11 +10,11 @@ topics:
- Legal
---
Welcome to GitHub Marketplace ("Marketplace")! We're happy you're here. Please read these Terms of Service ("Marketplace Terms") carefully before accessing or using GitHub Marketplace. GitHub Marketplace is a platform that allows you to select developer apps or actions (for free or for a charge) that can be used with your GitHub.com account ("Developer Products"). Although offered by GitHub, Inc. ("GitHub", "we", "us"), Developer Products may be developed and maintained by either GitHub or by third-party software providers. Your selection or use of Developer Products is subject to these Marketplace Terms and any applicable fees, and may require you to agree to additional terms as provided by the third party licensor of that Developer Product (the "Product Provider").
Welcome to GitHub Marketplace ("Marketplace")! We're happy you're here. Please read these Terms of Service ("Marketplace Terms") carefully before accessing or using GitHub Marketplace. GitHub Marketplace is a platform that allows you to select developer apps or actions (for free or for a charge) that can be used with your GitHub.com account ("Developer Products"). Although offered by GitHub, Inc. ("GitHub", "we", "us"), Developer Products may be developed and maintained by either GitHub or by third-party software providers. Your selection or use of Developer Products is subject to these Marketplace Terms and any applicable fees, and may require you to agree to additional terms as provided by the third party licensor of that Developer Product (the "Product Provider"). Your use of GitHub Models is subject to the [GitHub Terms for Additional Products and Features](/site-policy/github-terms/github-terms-for-additional-products-and-features).
By using Marketplace, you are agreeing to be bound by these Marketplace Terms.
Effective Date: November 20, 2020
Effective Date: August 1, 2024
## A. GitHub.com's Terms of Service

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@ -15,7 +15,7 @@ This Agreement is a legal agreement between you (“you”) and GitHub, Inc. (
1. **GitHub.coms Terms of Use Will Apply**
You need to have an account on GitHub.com in order to participate in the Program. By clicking “I Agree” at the bottom of this Agreement, you are also agreeing to be bound by the GitHub.com [Terms of Service](/site-policy/github-terms/github-terms-of-service) (the “TOS”). In the event of a direct conflict between this Agreement and theTOS, this Agreement will control; otherwise, both agreements will apply to you concurrently.
You need to have an account on GitHub.com in order to participate in the Program. By clicking “I Agree” at the bottom of this Agreement, you are also agreeing to be bound by the GitHub.com [Terms of Service](/site-policy/github-terms/github-terms-of-service) (the “TOS”). In the event of a direct conflict between this Agreement and the TOS, this Agreement will control; otherwise, both agreements will apply to you concurrently.
1. **Program Terms**

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@ -12,17 +12,17 @@ topics:
Your participation in the GitHub Sponsors Program (the "Program") is subject to the [GitHub Terms of Service](/site-policy/github-terms/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 projectws ("Projects") housed on GitHub and to make committed investments in those Projects to further the Projects' development.
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.
## 1. 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.
"**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](/site-policy/github-terms/github-community-guidelines).
"**Sponsor**" means the User who purchased a Subscription from or paid a Sponsorship to you through your 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**” 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 that you establish through the Program to receive payment from Sponsors.
@ -48,19 +48,19 @@ If you are over the age of 13 but are under 18, you can give and receive Sponsor
You will not under any circumstances allow payments or raise funds involving:
- fraud, ransom, violations of intellectual property, or other illegal purposes;
* Fraud, ransom, violations of intellectual property, or other illegal purposes;
- misrepresentation or deception related to the reasons you're raising funds or requesting sponsorship;
* 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 ICOs, utility tokens, or other types of cryptocurrency;
- the purchase or sale of securities, equity, or other types of investment offers;
* 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;
* 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,
* 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.
* 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.
### 1.2. GitHub Sponsors Matching Fund
@ -70,25 +70,25 @@ The GitHub Sponsors Matching Fund aims to encourage the community that participa
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.
* 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](/site-policy/github-terms/github-community-guidelines).
* 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](/site-policy/github-terms/github-community-guidelines).
- You cannot receive matching for any sponsorship that originates from a user or organization account with a published GitHub Sponsors profile.
* 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.
* 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.
#### 1.2.2. 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 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 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.
* 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.
- {% data reusables.sponsors.github-contact-applicants %}
* {% data reusables.sponsors.github-contact-applicants %}
## 2. Sponsored Developer Obligations.
@ -142,13 +142,13 @@ In the event of a Sponsored Developer's breach, or suspected breach, of these Ad
During the term, GitHub will remit to you 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, ACH transfer, or wire transfer to the bank account you provided when you applied for GitHub Sponsors. We are not 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.
- For first payments, GitHub will remit to you 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 insure the integrity of the program. Payments thereafter will be remitted within 30 days of the close of that month, in accordance with this section.
* For first payments, GitHub will remit to you 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 insure 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](https://stripe.com/docs/payouts#cbp-minimum-payout-amounts) in the Stripe documentation.
* 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](https://stripe.com/docs/payouts#cbp-minimum-payout-amounts) 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. GitHub 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, GitHub will issue a payout for your remaining balance even if the balance is below $100.
* If you are paid through ACH transfer or wire transfer, you will receive payouts on the third Thursday of the month. GitHub 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, GitHub will issue a payout for your remaining balance even if the balance is below $100.
- After termination, we will remit to you 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.
* After termination, we will remit to you 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.
### 3.4. Payment Method.
@ -188,13 +188,13 @@ We use Stripe to make payouts to Sponsored Developer Accounts. The [Stripe Recip
Sponsored Developer represents and warrants that:
- you have the authority to enter into and fully perform these Additional Terms;
* 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;
* 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;
* 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.
* You will comply with all laws and regulations, and your Sponsored Developer Content is not illegal and does not violate any laws or regulations.
### 4.2. Disclaimer of Warranties; Limitation of Liability; Indemnification.
@ -218,91 +218,96 @@ Either party may terminate these Additional Terms and your Sponsored Developer A
If either Party terminates under Section 5.3, GitHubs sole obligation will be to pay 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
# Terms for Sponsors
## 1. Sponsors Program.
### 1.1 Description.
GitHub will identify Projects based on the Sponsors dependencies for which investment is available at [Explore GitHub Sponsors](https://github.com/sponsors/explore)· GitHub or similar site and may work with Sponsor to help identify other potential Projects eligible for sponsorship. Sponsor shall invest in Projects in its sole discretion, including which Projects it sponsors and the amount of its sponsorship.
### 1.1 Description.
GitHub will identify Projects based on the Sponsors dependencies for which investment is available at [Explore GitHub Sponsors](https://github.com/sponsors/explore)· Sponsor shall invest in Projects in its sole discretion, including which Projects it sponsors and the amount of its sponsorship.
### 1.2 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.
### 1.3 Dashboard.
GitHub will provide Sponsor with a dashboard reflecting their total sponsorship amount and balance.
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.
### 1.3 Dashboard.
GitHub will provide Sponsor with a dashboard reflecting their total sponsorship amount and balance.
### 1.4 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.
## 2. Payment.
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.
### 2.1 Payment.
## 2. Payment.
### 2.1 Payment.
Sponsor may create an invoice to add funds to their account balance 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.
### 2.2 Fees.
### 2.2 Fees.
An additional service fee (“Service Fee”) of 3% per transaction will be deducted from Sponsors account to cover GitHubs administrative costs associated with offering the Program. If payment is made via credit card, an additional 3% fee will be applied.
### 2.3 Taxes.
### 2.3 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.
## 3. Term and Termination.
## 3. Term and Termination.
### 3.1 Term.
### 3.1 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.
### 3.2 Termination.
### 3.2 Termination.
If there is no active invoice pending, either party may terminate this Agreement on thirty (30) days prior written notice.
## 4. Disclaimer; Limitation of Liability.
## 4. Disclaimer; Limitation of Liability.
### 4.1 Disclaimer.
### 4.1 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.
## 4.2 Limitation of Liability.
### 4.2 Limitation of Liability.
### 4.2.1 Exclusion of Indirect Damages.
#### 4.2.1 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.
### 4.2.2 Limitation of Total Liability.
#### 4.2.2 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.
## 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. Each party agrees to maintain in confidence and protect the other party's Confidential Information using at least the same degree of care as it uses for its own information of a similar nature, but in any event at least a reasonable degree of care. Each party will take all reasonable precautions to prevent any unauthorized disclosure of the other party's Confidential Information and will only disclose such Confidential Information to its employees, officers, directors, agents, independent contractors, consultants, and legal and financial advisors (“**representatives**”) who (i) have a need to know such information, (ii) are parties to appropriate agreements sufficient to comply with this Section, and (iii) are informed of the restrictions on use and disclosure set forth in this Section. Each party is responsible for all acts and omissions of its representatives. The foregoing obligations will not restrict the receiving party from disclosing the other partys Confidential Information pursuant to an order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party gives reasonable notice to the disclosing party to enable such party to contest such order or requirement, unless such notice is prohibited by law.
### B. Publicity.
## B. Publicity.
GitHub may issue press releases, blog posts, social media posts, and/or other public communication related to Sponsors (with Sponsors permission) or Sponsored Developers 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 Sponsors logo, name or names under this Agreement.
### C. Notices.
## C. 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.
## 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.
## 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.
## 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.
## 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.
## 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.

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@ -14,27 +14,27 @@ topics:
- Legal
---
Version Effective Date: March 21, 2024
Version Effective Date: August 1, 2024
When you use GitHub, you may be given access to lots of additional products and features ("Additional Products and Features"). Because many of the Additional Products and Features offer different functionality, your Agreement with us (the "Agreement") includes the specific terms for that product or feature combined with your main agreement — the GitHub Terms of Service or GitHub Customer Agreement, or the GitHub Corporate Terms of Service or other legacy GitHub contract, or a Microsoft volume licensing agreement. Below, we've listed those products and features, along with the corresponding additional terms that apply to your use of them.
By using the Additional Products and Features, you also agree to the applicable GitHub Terms for Additional Products and Features listed below. A violation of these GitHub Terms for Additional Products and Features is a violation of the Agreement. Capitalized terms not defined here have the meaning given in the Agreement.
**For Enterprise users**
- **GitHub Enterprise Cloud** users may have access to the following Additional Products and Features: Actions, Advanced Security, Advisory Database, Codespaces, Dependabot Preview, GitHub Enterprise Importer, Packages, and Pages.
* **GitHub Enterprise Cloud** users may have access to the following Additional Products and Features: Actions, Advanced Security, Advisory Database, Codespaces, Dependabot Preview, GitHub Enterprise Importer, Packages, and Pages.
- **GitHub Enterprise Server** users may have access to the following Additional Products and Features: Actions, Advanced Security, Advisory Database, Connect, Dependabot Preview, GitHub Enterprise Importer, Packages, Pages, and SQL Server Images.
* **GitHub Enterprise Server** users may have access to the following Additional Products and Features: Actions, Advanced Security, Advisory Database, Connect, Dependabot Preview, GitHub Enterprise Importer, Packages, Pages, and SQL Server Images.
## Actions
GitHub Actions enables you to create custom software development lifecycle workflows directly in your GitHub repository. Actions is billed on a usage basis. The [Actions documentation](/actions) includes details, including compute and storage quantities (depending on your Account plan), and how to monitor your Actions minutes usage and set usage limits.
Actions and any elements of the Actions product or service may not be used in violation of the Agreement, the [GitHub Acceptable Use Polices](/site-policy/acceptable-use-policies/github-acceptable-use-policies), or the GitHub Actions service limitations set forth in the [Actions documentation](/actions/learn-github-actions/usage-limits-billing-and-administration). Additionally, regardless of whether an Action is using self-hosted runners, Actions should not be used for:
- cryptomining;
- disrupting, gaining, or attempting to gain unauthorized access to, any service, device, data, account, or network (other than those authorized by the [GitHub Bug Bounty program](https://bounty.github.com));
- the provision of a stand-alone or integrated application or service offering the Actions product or service, or any elements of the Actions product or service, for commercial purposes;
- any activity that places a burden on our servers, where that burden is disproportionate to the benefits provided to users (for example, don't use Actions as a content delivery network or as part of a serverless application, but a low benefit Action could be ok if its also low burden); or
- if using GitHub-hosted runners, any other activity unrelated to the production, testing, deployment, or publication of the software project associated with the repository where GitHub Actions are used.
Actions and any elements of the Actions product or service may not be used in violation of the Agreement, the [GitHub Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies), or the GitHub Actions service limitations set forth in the [Actions documentation](/actions/learn-github-actions/usage-limits-billing-and-administration). Additionally, regardless of whether an Action is using self-hosted runners, Actions should not be used for:
* Cryptomining;
* Disrupting, gaining, or attempting to gain unauthorized access to, any service, device, data, account, or network (other than those authorized by the [GitHub Bug Bounty program](https://bounty.github.com));
* The provision of a stand-alone or integrated application or service offering the Actions product or service, or any elements of the Actions product or service, for commercial purposes;
* Any activity that places a burden on our servers, where that burden is disproportionate to the benefits provided to users (for example, don't use Actions as a content delivery network or as part of a serverless application, but a low benefit Action could be ok if its also low burden); or
* If using GitHub-hosted runners, any other activity unrelated to the production, testing, deployment, or publication of the software project associated with the repository where GitHub Actions are used.
In order to prevent violations of these limitations and abuse of GitHub Actions, GitHub may monitor your use of GitHub Actions. Misuse of GitHub Actions may result in termination of jobs, restrictions in your ability to use GitHub Actions, disabling of repositories created to run Actions in a way that violates these Terms, or in some cases, suspension or termination of your GitHub account.
@ -60,7 +60,7 @@ GitHub makes extra security features available to customers under an Advanced Se
Advanced Security is licensed on a "Unique Committer" basis. A "Unique Committer" is a licensed user of GitHub Enterprise, GitHub Enterprise Cloud, or GitHub Enterprise Server, who has made a commit in the last 90 days to any repository with any GitHub Advanced Security functionality activated. You must acquire a GitHub Advanced Security User license for each of your Unique Committers. You may only use GitHub Advanced Security on codebases that are developed by or for you. For GitHub Enterprise Cloud users, some Advanced Security features also require the use of GitHub Actions.
For secret scanning with GitHub Advanced Security, when you opt-in to automatic validity checks for partner patterns, exposed third-party tokens may be shared with the relevant partner, in order to provide you with more information about the validity of the token. Not all partners are based in the United States. The [Secret scanning patterns documentation](/enterprise-cloud@latest/code-security/secret-scanning/secret-scanning-patterns) provides more details on which partners support the validity check.
For secret scanning with GitHub Advanced Security, when you opt-in to automatic validity checks for partner patterns, exposed third-party tokens may be shared with the relevant partner, in order to provide you with more information about the validity of the token. Not all partners are based in the United States. The [Secret scanning patterns documentation](/enterprise-cloud@latest/code-security/secret-scanning/introduction/supported-secret-scanning-patterns) provides more details on which partners support the validity check.
## Advisory Database
@ -79,11 +79,11 @@ The GitHub Advisory Database is licensed under the [Creative Commons Attribution
_Note: The github.dev service, available by pressing . on a repo or navigating directly to github.dev, is governed by GitHub's Beta Terms of service._
GitHub Codespaces enables you to develop code directly from your browser using the code within your GitHub repository. Codespaces and any elements of the Codespaces service may not be used in violation of the Agreement or the Acceptable Use Policies. Additionally, Codespaces should not be used for:
- cryptomining;
- using our servers to disrupt, or to gain or to attempt to gain unauthorized access to any service, device, data, account or network (other than those authorized by the GitHub Bug Bounty program);
- the provision of a stand-alone or integrated application or service offering Codespaces or any elements of Codespaces for commercial purposes;
- any activity that places a burden on our servers, where that burden is disproportionate to the benefits provided to users (for example, don't use Codespaces as a content delivery network, as part of a serverless application, or to host any kind of production-facing application); or
- any other activity unrelated to the development or testing of the software project associated with the repository where GitHub Codespaces is initiated.
* Cryptomining;
* Using our servers to disrupt, or to gain or to attempt to gain unauthorized access to any service, device, data, account or network (other than those authorized by the GitHub Bug Bounty program);
* The provision of a stand-alone or integrated application or service offering Codespaces or any elements of Codespaces for commercial purposes;
* Any activity that places a burden on our servers, where that burden is disproportionate to the benefits provided to users (for example, don't use Codespaces as a content delivery network, as part of a serverless application, or to host any kind of production-facing application); or
* Any other activity unrelated to the development or testing of the software project associated with the repository where GitHub Codespaces is initiated.
In order to prevent violations of these limitations and abuse of GitHub Codespaces, GitHub may monitor your use of GitHub Codespaces. Misuse of GitHub Codespaces may result in termination of your access to Codespaces, restrictions in your ability to use GitHub Codespaces, or the disabling of repositories created to run Codespaces in a way that violates these Terms.
@ -125,7 +125,7 @@ npm is a software package hosting service that allows you to host your software
## Packages
GitHub Packages is a software package hosting service that allows you to host your software packages privately or publicly and use packages as dependencies in your projects. GitHub Packages is billed on a usage basis. The [Packages documentation](/packages/learn-github-packages/introduction-to-github-packages) includes details, including bandwidth and storage quantities (depending on your Account plan), and how to monitor your Packages usage and set usage limits. Packages bandwidth usage is limited by the [GitHub Acceptable Use Polices](/site-policy/acceptable-use-policies/github-acceptable-use-policies).
GitHub Packages is a software package hosting service that allows you to host your software packages privately or publicly and use packages as dependencies in your projects. GitHub Packages is billed on a usage basis. The [Packages documentation](/packages/learn-github-packages/introduction-to-github-packages) includes details, including bandwidth and storage quantities (depending on your Account plan), and how to monitor your Packages usage and set usage limits. Packages bandwidth usage is limited by the [GitHub Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies).
## Pages
@ -158,3 +158,9 @@ GitHub Sponsors allows the developer community to financially support the people
## SQL Server Images
You may download Microsoft SQL Server Standard Edition container image for Linux files ("SQL Server Images"). You must uninstall the SQL Server Images when your right to use the Software ends. Microsoft Corporation may disable SQL Server Images at any time.
## GitHub Models
GitHub Models is a feature that allows you to learn, try, and test artificial intelligence models on GitHub.com. You can access GitHub Models via the [GitHub Marketplace](https://github.com/marketplace). Learn more about GitHub Models by visiting [Prototyping with AI models](/github-models/prototyping-with-ai-models).
Your use of this feature is subject to the terms of the company hosting the model and the model license.

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@ -63,9 +63,9 @@ Effective date: November 16, 2020
### 1. Account Controls
- Users. Subject to these Terms, you retain ultimate administrative control over your Personal Account and the Content within it.
* 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 Organizations 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.
* 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 Organizations 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.
### 2. Required Information
@ -74,19 +74,19 @@ You must provide a valid email address in order to complete the signup process.
### 3. Account Requirements
We have a few simple rules for Personal 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 Users Account immediately](#l-cancellation-and-termination). If you are a resident of a country outside the United States, your countrys minimum age may be older; in such a case, you are responsible for complying with your countrys 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)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) 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](/site-policy/other-site-policies/github-and-trade-controls).
* 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 Users Account immediately](#l-cancellation-and-termination). If you are a resident of a country outside the United States, your countrys minimum age may be older; in such a case, you are responsible for complying with your countrys 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)](https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx) 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](/site-policy/other-site-policies/github-and-trade-controls).
### 4. 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](https://support.github.com/) 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.
* 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](https://support.github.com/) 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.
### 5. Additional Terms
@ -163,7 +163,7 @@ GitHub considers the contents of private repositories to be confidential to you.
GitHub personnel may only access the content of your private repositories in the situations described in our [Privacy Statement](/site-policy/privacy-policies/github-privacy-statement#repository-contents).
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.
* 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.
Additionally, we may be [compelled by law](/site-policy/privacy-policies/github-privacy-statement#for-legal-disclosure) to disclose the contents of your private repositories.
@ -241,10 +241,10 @@ Our pricing and payment terms are available at [github.com/pricing](https://gith
### 2. 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](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). 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](#l-cancellation-and-termination) for information on getting a copy of that Content.
* 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](https://github.com/pricing) or going into your [Billing settings](https://github.com/settings/billing). 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](#l-cancellation-and-termination) for information on getting a copy of that Content.
### 3. Billing Schedule; No Refunds
@ -316,14 +316,14 @@ GitHub does not warrant that the Service will meet your requirements; that the S
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.
* 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.

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@ -14,13 +14,13 @@ In the event that a GitHub user passes away, we can work with an authorized indi
If you are next of kin, a [pre-designated successor](/account-and-profile/setting-up-and-managing-your-personal-account-on-github/managing-access-to-your-personal-repositories/maintaining-ownership-continuity-of-your-personal-accounts-repositories), or other authorized individual (which could include a collaborator or business partner) of a deceased user and would like to make a request regarding their account, you can reach out to us through the [GitHub Support portal](https://support.github.com/). In the portal, click **Contact us**, and provide the following information in your message:
- Name
- Contact Information
- Name of the deceased account holder
- GitHub username of the deceased account holder
- Your relationship to the deceased account holder (please include whether you have been designated as the account successor on GitHub.com)
- If designated as account successor, the username of your GitHub account
- What action you are seeking (e.g. transfer public repositories, cancel billing on account)
* Name
* Contact Information
* Name of the deceased account holder
* GitHub username of the deceased account holder
* Your relationship to the deceased account holder (please include whether you have been designated as the account successor on GitHub.com)
* If designated as account successor, the username of your GitHub account
* What action you are seeking (e.g. transfer public repositories, cancel billing on account)
Once we have received your request, we may follow up with a request for additional information, such as a copy of your photo identification, copy of the death certificate, and documentation confirming you are authorized to act in relation to the deceased users account, to verify that we are properly authorized to process your request.

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@ -17,17 +17,17 @@ From time to time, GitHub receives requests from governments to remove content t
## What is a complete government takedown request?
To count as a complete request, a request or notice must
- come from a relevant, official government agency
- identify illegal content
- specify the source of illegality in that jurisdiction (law or court order).
* come from a relevant, official government agency
* identify illegal content
* specify the source of illegality in that jurisdiction (law or court order).
## What happens when we receive a complete takedown request from a government?
When we receive a notice from a relevant, official government agency that identifies illegal content and specifies the source of the illegality, we
- notify the affected users of the specific content that allegedly violates the law, and that this is a legal takedown request
- allow the affected users to appeal the decision as part of that notification
- limit the geographic scope of the takedown when possible and include that as part of the notification
- post the official request that led to the takedown in our public [gov-takedowns repository](https://github.com/github/gov-takedowns).
* notify the affected users of the specific content that allegedly violates the law, and that this is a legal takedown request
* allow the affected users to appeal the decision as part of that notification
* limit the geographic scope of the takedown when possible and include that as part of the notification
* post the official request that led to the takedown in our public [gov-takedowns repository](https://github.com/github/gov-takedowns).
## Why do we publicly post takedown notices?

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@ -19,9 +19,9 @@ Either way, you're on the right page.
In these guidelines, we provide a little background about what GitHub is, the types of data we have, and the conditions under which we will disclose private user information.
Before we get into the details, however, here are a few important details you may want to know:
- We will [**notify affected users**](#we-will-notify-any-affected-account-owners) about any requests for their account information, unless prohibited from doing so by law or court order.
- We will not disclose **location-tracking data**, such as IP address logs, without a [valid court order or search warrant](#with-a-court-order-or-a-search-warrant).
- We will not disclose any **private user content**, including the contents of private repositories, without a valid [search warrant](#only-with-a-search-warrant).
* We will [**notify affected users**](#we-will-notify-any-affected-account-owners) about any requests for their account information, unless prohibited from doing so by law or court order.
* We will not disclose **location-tracking data**, such as IP address logs, without a [valid court order or search warrant](#with-a-court-order-or-a-search-warrant).
* We will not disclose any **private user content**, including the contents of private repositories, without a valid [search warrant](#only-with-a-search-warrant).
## About these guidelines
@ -43,29 +43,29 @@ Before asking us to disclose data, it may be useful to understand how our system
GitHub hosts millions of data repositories using the [Git version control system](https://git-scm.com/video/what-is-version-control).
Repositories on GitHub—which may be public or private—are most commonly used for software development projects, but are also often used to work on content of all kinds.
- [**Users**](/get-started/learning-about-github/github-glossary#user) —
* [**Users**](/get-started/learning-about-github/github-glossary#user) —
Users are represented in our system as personal GitHub accounts.
Each user has a personal profile, and can own multiple repositories.
Users can create or be invited to join organizations or to collaborate on another user's repository.
- [**Collaborators**](/get-started/learning-about-github/github-glossary#collaborator) —
* [**Collaborators**](/get-started/learning-about-github/github-glossary#collaborator) —
A collaborator is a user with read and write access to a repository who has been invited to contribute by the repository owner.
- [**Organizations**](/get-started/learning-about-github/github-glossary#organization) —
* [**Organizations**](/get-started/learning-about-github/github-glossary#organization) —
Organizations are a group of two or more users that typically mirror real-world organizations, such as businesses or projects.
They are administered by users and can contain both repositories and teams of users.
- [**Repositories**](/get-started/learning-about-github/github-glossary#repository) —
* [**Repositories**](/get-started/learning-about-github/github-glossary#repository) —
A repository is one of the most basic GitHub elements.
They may be easiest to imagine as a project's folder.
A repository contains all of the project files (including documentation), and stores each file's revision history.
Repositories can have multiple collaborators and, at its administrators' discretion, may be publicly viewable or not.
- [**Pages**](/pages/getting-started-with-github-pages/about-github-pages) —
* [**Pages**](/pages/getting-started-with-github-pages/about-github-pages) —
GitHub Pages are public webpages freely hosted by GitHub that users can easily publish through code stored in their repositories.
If a user or organization has a GitHub Page, it can usually be found at a URL such as `https://username.github.io` or they may have the webpage mapped to their own custom domain name.
- [**Gists**](/get-started/writing-on-github/editing-and-sharing-content-with-gists/creating-gists) —
* [**Gists**](/get-started/writing-on-github/editing-and-sharing-content-with-gists/creating-gists) —
Gists are snippets of source code or other text that users can use to store ideas or share with friends.
Like regular GitHub repositories, Gists are created with Git, so they are automatically versioned, forkable and downloadable.
Gists can either be public or secret (accessible only through a known URL). Public Gists cannot be converted into secret Gists.
@ -74,75 +74,75 @@ Gists can either be public or secret (accessible only through a known URL). Publ
Here is a non-exhaustive list of the kinds of data we maintain about users and projects on GitHub.
- <a name="public-account-data"></a>
* <a name="public-account-data"></a>
**Public account data** —
There is a variety of information publicly available on GitHub about users and their repositories.
User profiles can be found at a URL such as `https://github.com/username`.
User profiles display information about when the user created their account as well their public activity on GitHub.com and social interactions.
Public user profiles can also include additional information that a user may have chosen to share publicly.
All user public profiles display:
- Username
- The repositories that the user has starred
- The other GitHub users the user follows
- The users that follow them
* Username
* The repositories that the user has starred
* The other GitHub users the user follows
* The users that follow them
Optionally, a user may also choose to share the following information publicly:
- Their real name
- An avatar
- An affiliated company
- Their location
- A public email address
- Their personal web page
- Organizations to which the user is a member (_depending on either the organizations' or the users' preferences_)
* Their real name
* An avatar
* An affiliated company
* Their location
* A public email address
* Their personal web page
* Organizations to which the user is a member (_depending on either the organizations' or the users' preferences_)
- <a name="private-account-data"></a>
* <a name="private-account-data"></a>
**Private account data** —
GitHub also collects and maintains certain private information about users as outlined in our [Privacy Policy](/site-policy/privacy-policies/github-privacy-statement).
This may include:
- Private email addresses
- Payment details
- Security access logs
- Data about interactions with private repositories
* Private email addresses
* Payment details
* Security access logs
* Data about interactions with private repositories
To get a sense of the type of private account information that GitHub collects, you can visit your {% data reusables.user-settings.personal_dashboard %} and browse through the sections in the left-hand menubar.
- <a name="organization-account-data"></a>
* <a name="organization-account-data"></a>
**Organization account data** —
Information about organizations, their administrative users and repositories is publicly available on GitHub.
Organization profiles can be found at a URL such as `https://github.com/organization`.
Public organization profiles can also include additional information that the owners have chosen to share publicly.
All organization public profiles display:
- The organization name
- The repositories that the owners have starred
- All GitHub users that are owners of the organization
* The organization name
* The repositories that the owners have starred
* All GitHub users that are owners of the organization
Optionally, administrative users may also choose to share the following information publicly:
- An avatar
- An affiliated company
- Their location
- Direct Members and Teams
- Collaborators
* An avatar
* An affiliated company
* Their location
* Direct Members and Teams
* Collaborators
- <a name="public-repository-data"></a>
* <a name="public-repository-data"></a>
**Public repository data** —
GitHub is home to millions of public, open-source software projects.
You can browse almost any public repository (for example, the [GitHub Docs](https://github.com/github/docs)) to get a sense for the information that GitHub collects and maintains about repositories.
This can include:
- The code itself
- Previous versions of the code
- Stable release versions of the project
- Information about collaborators, contributors and repository members
- Logs of Git operations such as commits, branching, pushing, pulling, forking and cloning
- Conversations related to Git operations such as comments on pull requests or commits
- Project documentation such as Issues and Wiki pages
- Statistics and graphs showing contributions to the project and the network of contributors
* The code itself
* Previous versions of the code
* Stable release versions of the project
* Information about collaborators, contributors and repository members
* Logs of Git operations such as commits, branching, pushing, pulling, forking and cloning
* Conversations related to Git operations such as comments on pull requests or commits
* Project documentation such as Issues and Wiki pages
* Statistics and graphs showing contributions to the project and the network of contributors
- <a name="private-repository-data"></a>
* <a name="private-repository-data"></a>
**Private repository data** —
GitHub collects and maintains the same type of data for private repositories that can be seen for public repositories, except only specifically invited users may access private repository data.
- <a name="other-data"></a>
* <a name="other-data"></a>
**Other data** —
Additionally, GitHub collects analytics data such as page visits and information occasionally volunteered by our users (such as communications with our support team, survey information and/or site registrations).
@ -157,48 +157,48 @@ GitHub reserves the right to object to any requests for non-public information.
Where GitHub agrees to produce non-public information in response to a lawful request, we will conduct a reasonable search for the requested information.
Here are the kinds of information we will agree to produce, depending on the kind of legal process we are served with:
- <a name="with-user-consent"></a>
* <a name="with-user-consent"></a>
**With user consent** —
GitHub will provide private account information, if requested, directly to the user (or an owner, in the case of an organization account), or to a designated third party with the user's written consent once GitHub is satisfied that the user has verified his or her identity.
- <a name="with-a-subpoena"></a>
* <a name="with-a-subpoena"></a>
**With a subpoena** —
If served with a valid subpoena, civil investigative demand, or similar legal process issued in connection with an official criminal or civil investigation, we can provide certain non-public account information, which may include:
- Name(s) associated with the account
- Email address(es) associated with the account
- Billing information
- Registration date and termination date
- IP address, date, and time at the time of account registration
- IP address(es) used to access the account at a specified time or event relevant to the investigation
* Name(s) associated with the account
* Email address(es) associated with the account
* Billing information
* Registration date and termination date
* IP address, date, and time at the time of account registration
* IP address(es) used to access the account at a specified time or event relevant to the investigation
In the case of organization accounts, we can provide the name(s) and email address(es) of the account owner(s) as well as the date and IP address at the time of creation of the organization account. We will not produce information about other members or contributors, if any, to the organization account or any additional information regarding the identified account owner(s) without a follow-up request for those specific users.
Please note that the information available will vary from case to case. Some of the information is optional for users to provide. In other cases, we may not have collected or retained the information.
- <a name="with-a-court-order-or-a-search-warrant"></a>
* <a name="with-a-court-order-or-a-search-warrant"></a>
**With a court order _or_ a search warrant** — We will not disclose account access logs unless compelled to do so by either
(i) a court order issued under 18 U.S.C. Section 2703(d), upon a showing of specific and articulable facts showing that there are reasonable grounds to believe that the information sought is relevant and material to an ongoing criminal investigation; or
(ii) a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures, upon a showing of probable cause.
In addition to the non-public account information listed above, we can provide account access logs in response to a court order or search warrant, which may include:
- Any logs which would reveal a user's movements over a period of time
- Account or private repository settings (for example, which users have certain permissions, etc.)
- User- or IP-specific analytic data such as browsing history
- Security access logs other than account creation or for a specific time and date
* Any logs which would reveal a user's movements over a period of time
* Account or private repository settings (for example, which users have certain permissions, etc.)
* User- or IP-specific analytic data such as browsing history
* Security access logs other than account creation or for a specific time and date
- <a name="only-with-a-search-warrant"></a>
* <a name="only-with-a-search-warrant"></a>
**Only with a search warrant** —
We will not disclose the private contents of any account unless compelled to do so under a search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause.
In addition to the non-public account information and account access logs mentioned above, we will also provide private account contents in response to a search warrant, which may include:
- Contents of secret Gists
- Source code or other content in private repositories
- Contribution and collaboration records for private repositories
- Communications or documentation (such as Issues or Wikis) in private repositories
- Any security keys used for authentication or encryption
* Contents of secret Gists
* Source code or other content in private repositories
* Contribution and collaboration records for private repositories
* Communications or documentation (such as Issues or Wikis) in private repositories
* Any security keys used for authentication or encryption
- <a name="in-exigent-circumstances"></a>
* <a name="in-exigent-circumstances"></a>
**Under exigent circumstances** —
If we receive a request for information under certain exigent circumstances (where we believe the disclosure is necessary to prevent an emergency involving danger of death or serious physical injury to a person), we may disclose limited information that we determine necessary to enable law enforcement to address the emergency. For any information beyond that, we would require a subpoena, search warrant, or court order, as described above. For example, we will not disclose contents of private repositories without a search warrant. Before disclosing information, we confirm that the request came from a law enforcement agency, an authority sent an official notice summarizing the emergency, and how the information requested will assist in addressing the emergency.
@ -208,10 +208,10 @@ Under state and federal law, GitHub can seek reimbursement for costs associated
While we do not charge in emergency situations or in other exigent circumstances, we seek reimbursement for all other legal requests in accordance with the following schedule, unless otherwise required by law:
- Initial search of up to 25 identifiers: Free
- Production of subscriber information/data for up to 5 accounts: Free
- Production of subscriber information/data for more than 5 accounts: $20 per account
- Secondary searches: $10 per search
* Initial search of up to 25 identifiers: Free
* Production of subscriber information/data for up to 5 accounts: Free
* Production of subscriber information/data for more than 5 accounts: $20 per account
* Secondary searches: $10 per search
## Data preservation
@ -232,12 +232,12 @@ Courtesy copies may be emailed to legal-support@github.com
Please make your requests as specific and narrow as possible, including the following information:
- Full information about authority issuing the request for information
- The name and badge/ID of the responsible agent
- An official email address and contact phone number
- The user, organization, repository name(s) of interest
- The URLs of any pages, gists or files of interest
- The description of the types of records you need
* Full information about authority issuing the request for information
* The name and badge/ID of the responsible agent
* An official email address and contact phone number
* The user, organization, repository name(s) of interest
* The URLs of any pages, gists or files of interest
* The description of the types of records you need
Please allow at least two weeks for us to be able to look into your request.

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@ -38,15 +38,15 @@ The Candidate Personal Information we collect, use, and maintain (or “process
## How do we use the Candidate Personal Information we collect?
We use the Candidate Personal Information for the following purposes:
- To assess your skills, qualifications and interests for employment opportunities with GitHub;
- To verify the information provided by you or others, including checking your references;
- To communicate with you about your application and the recruitment process, including informing you of other potential employment opportunities at GitHub;
- If you were referred, to inform the referrer of the status of your application;
- If you are offered a position, to prepare your offer letter and conduct a background check (to the extent permitted by applicable law);
- If you are offered a position and where requested by you, to assist you with obtaining an immigration visa or work permit;
- To comply with local laws, regulations, legal processes or enforceable government requests; and
- To prepare and submit reports as required under local laws and regulations;
- To manage and improve our application and recruitment process (such as making the application process more efficient and improving our diversity practices).
* To assess your skills, qualifications and interests for employment opportunities with GitHub;
* To verify the information provided by you or others, including checking your references;
* To communicate with you about your application and the recruitment process, including informing you of other potential employment opportunities at GitHub;
* If you were referred, to inform the referrer of the status of your application;
* If you are offered a position, to prepare your offer letter and conduct a background check (to the extent permitted by applicable law);
* If you are offered a position and where requested by you, to assist you with obtaining an immigration visa or work permit;
* To comply with local laws, regulations, legal processes or enforceable government requests; and
* To prepare and submit reports as required under local laws and regulations;
* To manage and improve our application and recruitment process (such as making the application process more efficient and improving our diversity practices).
## How do we share your Candidate Personal Information?

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@ -28,8 +28,8 @@ Welcome to the GitHub Privacy Statement. This is where we describe how we handle
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.
* 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.
@ -45,47 +45,47 @@ Personal Data is collected from you directly, automatically from your device, an
### 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, 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.
* 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, 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](#what-are-your-cookie-choices-and-controls) 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.
* 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](#what-are-your-cookie-choices-and-controls) 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 like public GitHub repositories.
- 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.
* 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 like public GitHub repositories.
* 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.
- 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.
* 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.
* 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.
@ -93,26 +93,26 @@ When carrying out these activities, GitHub practices data minimization and uses
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, and legal and compliance obligations. Our affiliates may only use the Personal Data in a manner consistent with this Privacy Statement.
- 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](https://docs.github.com/en/site-policy/other-site-policies/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 <https://docs.github.com/en/site-policy/privacy-policies/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](https://code.visualstudio.com/docs/getstarted/telemetry). 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.
* 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, and legal and compliance obligations. Our affiliates may only use the Personal Data in a manner consistent with this Privacy Statement.
* 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](https://docs.github.com/en/site-policy/other-site-policies/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 <https://docs.github.com/en/site-policy/privacy-policies/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](https://code.visualstudio.com/docs/getstarted/telemetry). 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, you control the access to that information. GitHub personnel does not access private repository information without your consent except as provided in this Privacy Statement and for:
- security purposes
- 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 Services, or
- to comply with our legal obligations if we have reason to believe the contents are in violation of the law.
* security purposes
* 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 Services, or
* to comply with our legal obligations if we have reason to believe the contents are in violation of the law.
GitHub will provide you with notice regarding private repository access unless doing so is prohibited by law or if GitHub acted in response to a security threat or other risk to security.
@ -120,22 +120,22 @@ GitHub will provide you with notice regarding private repository access unless d
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 improving our Services. 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.
* 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 improving our Services. 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
* 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 Commissioners Office website.
@ -257,15 +257,15 @@ The table below provides additional information about how we use different types
1. **Generally 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](https://en.wikipedia.org/wiki/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](https://en.wikipedia.org/wiki/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](https://en.wikipedia.org/wiki/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](https://globalprivacycontrol.org/)
- 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](http://optout.networkadvertising.org) and [DAA](http://optout.aboutads.info/)
- Canada: [Digital Advertising Alliance of Canada](https://youradchoices.ca/)
- Europe: [European Digital Advertising Alliance](http://www.youronlinechoices.com/)
* If your browser sends a [Do Not Track](https://en.wikipedia.org/wiki/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](https://en.wikipedia.org/wiki/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](https://en.wikipedia.org/wiki/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](https://globalprivacycontrol.org/)
* 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](http://optout.networkadvertising.org) and [DAA](http://optout.aboutads.info/)
* Canada: [Digital Advertising Alliance of Canada](https://youradchoices.ca/)
* Europe: [European Digital Advertising Alliance](http://www.youronlinechoices.com/)
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.
@ -277,11 +277,11 @@ This section provides extra information specifically for residents of certain US
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 weve 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.
* Right to Knowledge and Correction: You have the right to request details on the specific personal information weve 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
@ -301,13 +301,13 @@ To opt out of the sharing of your personal information, you can click on the "Do
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.
* 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
@ -323,8 +323,8 @@ We value the trust you place in us and are committed to handling your personal i
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 theres no need to opt out.
* 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 theres no need to opt out.
### Nevada

Просмотреть файл

@ -1,88 +0,0 @@
---
title: GitHub Octernships Terms of Service
versions:
fpt: '*'
topics:
- Policy
- Legal
---
## Terms and conditions
GITHUB HAS INVITED YOU TO PARTICIPATE IN THE GITHUB OCTERNSHIPS PROGRAM (“THE PROGRAM”). BY ACCEPTING GITHUBS INVITATION TO PARTICIPATE IN THE PROGRAM, YOU AGREE TO BE BOUND BY THE FOLLOWING GITHUB OCTERNSHIPS PROGRAM TERMS AND CONDITIONS (“TERMS AND CONDITIONS”):
When you click "I agree", “I accept”, or similar buttons, you accept all the terms and conditions of this Agreement.
## 1. Compensation or benefits
The Program is offered to verified students on GitHub Global Campus in countries where the program is available. As a participant, you will not be considered an employee or intern of GitHub. You will be entitled to 1 (minimum) to 6 (maximum) months internship along with stipend of 500 USD/month by the partner organization (“Partner Organization”). GitHub and the Partner Organization are collectively referred to as the “Octernships Partners.” You will not be entitled to any compensation or benefits paid or made available by the Octernships Partner to their respective employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by the Octernship Partners pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.
## 2. Ownership and likeness
### 2.1 Ownership
You hereby grant the Octernships Partners a non-exclusive, irrevocable, perpetual, royalty-free, worldwide license to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon, distribute, sublicense, display, perform and transmit any work product you create in connection with the Program or during your internship, including, without limitation, concepts, works, inventions, information, drawings, designs, programs, or software.
### 2.2 Likeness
GitHub and Octernships Partners reserve all rights, including the right to edit, publish, use, adapt, modify or dispose of any work product/description, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law.
## 3. Confidentiality and non-disclosure
Without limiting any separate agreement between yourself and either GitHub or the Partner Organization concerning GitHub's and Partner Organizations confidential information, including, without limitation, any GitHub or Partner Organization Nondisclosure Agreement you might enter into, you agree that you will not publish, disclose, or otherwise divulge or use (other than as expressly permitted under the terms and conditions of the Program) any Confidential Information of GitHub or Partner Organization without their prior written consent in each instance. "Confidential Information" means all information and material that is transmitted by GitHub or Partner Organization to you (or otherwise developed or obtained by you) in connection with your participation in the Program that you should reasonably have understood due to legends or other markings, the circumstances of disclosure or the nature of the information itself, to be proprietary and confidential to GitHub or Partner Organization, including, without limitation, any information or material relating to products, services, vendor lists, customer lists, prospect lists, pricing and sales information, and business strategies and plans. You will exercise at least the same amount of diligence in preserving the secrecy of the Confidential Information as you use in preserving the secrecy of your own most valuable confidential information, but in no event less than reasonable care. Confidential Information does not include information or material that you can document (a) is publicly available through no action or fault of yours; (b) was already in your possession or known to you prior to being disclosed or provided to you by GitHub or Partner Organization, provided that the source of such information or material was not obligated in any way to maintain its confidentiality; (c) was or is obtained by you from a third party, provided that such third party was not obligated in any way to maintain its confidentiality; or (d) is independently developed by you without reference to any Confidential Information.
## 4. Student data sharing
In accordance with the terms and conditions of this Agreement and the GitHub Privacy Statement, students authorize and agree that all other participating parties may access and use their data provided to participate in the Octernship Program.
## 5. Term and termination
### 5.1 Term
These Terms and Conditions will commence on the date upon which you complete registration in the Program (the “Effective Date”) and will continue until the earlier of the following:
(1) you cease to be affiliated with a school as a student
(2) either GitHub or Partner Organization provides you with written notification that you are no longer enrolled in the Program, or
(3) you provide us with written notification that you are withdrawing from the Program.
### 5.2 Survival
These Terms and Conditions that, by their sense and context, are intended to survive the completion or termination of the Program shall so survive the completion or termination of the Program and these Terms and Conditions including, without limitation, Sections 2, 3, 4, and 5.
## 6. Disclaimer of liability
IN NO EVENT WILL THE OCTERNSHIPS PARTNERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE OCTERNSHIPS PARTNERS BE LIABLE TO ANY THIRD PARTY FOR YOUR ACTIONS WHETHER OR NOT SUCH ACTIONS ARE IN CONNECTION WITH THIS AGREEMENT.
## 7. Miscellaneous
### 7.1 Nature of the Relationship
The Octernships Partners and you are each independent entities with respect to the subject matter of these Terms and Conditions. Nothing contained in these Terms and Conditions or in the Program will be deemed or construed in any manner whatsoever to create a partnership, joint venture, employment, agency, fiduciary, or other similar relationship between the Octernships Partners and you, and neither the Octernships Partners or you can bind the other contractually. You hereby agree that you neither have nor will give the appearance or impression of possessing the legal authority to bind or commit GitHub or Partner Organization in any way except as provided in these Terms and Conditions.
### 7.2 Assignment
Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either GitHub or Partner Organization may assign these Terms and Conditions in their entirety, with or without your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms and Conditions shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
### 7.3 Notices
To provide us with notice of withdrawal, please send such notice by raising a support ticket https://github.com/contact .To provide Partner Organization with notice of withdrawal, please send such notice to your regular point-of-contact at Partner Organization. GitHub and Partner Organization may use the email address you have submitted in your acceptance to participate in the Program to provide you with electronic notice at that address. Its your sole responsibility to notify GitHub and Partner Organization of any changes to your email address. Notices shall be deemed effective upon receipt one (1) business day after it was sent by email.
### 7.4 Amendments
GitHub may modify or amend these Terms and Conditions at any time.
### 7.5 Governing Law; Venue
These Terms and Conditions shall be governed and construed as to all matters, including validity, construction, and performance, by and under California law and any dispute related to the GitHub Products or the subject matter of these terms must be brought in a tribunal of competent jurisdiction located in or near San Francisco, California.
### 7.6 Severability
If any part of these Terms and Conditions are determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions in these Terms and Conditions.
### 7.7 Waiver
Performance of any obligations required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver will be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
### 7.8 Entire Agreement
These Terms and Conditions represent the entire understanding and agreement between the parties with respect to the subject matter hereof and will supersede all prior agreements and communications of the parties, oral or written.

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@ -44,8 +44,6 @@ If you have questions about this list, please contact us at <privacy@github.com>
| Pusher | Building and managing real-time infrastructure for web and mobile applications | United States | United States |
| Semmle Inc. | GitHub Subsidiary | United States | United States |
| SendGrid | SMS notification provider for 2 Factor Authentication | United States | United States |
| Splunk | Logging pipeline for security log, storage, and search | United States | United States |
| Twilio | SMS notification provider for 2 Factor Authentication | United States | United States |
| VividCortex | Monitor database performance, efficiency, and uptime | United States | United States |
| Zapier | App infrastructure and support | United States | United States |
| Zendesk | Customer support ticketing system | United States | United States |

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@ -33,6 +33,6 @@ Please note that we cannot authorize out-of-scope testing in the name of third p
That said, if legal action is initiated by a third party, including law enforcement, against you because of your participation in this bug bounty program, and you have sufficiently complied with our bug bounty policy (i.e. have not made intentional or bad faith violations), we will take steps to make it known that your actions were conducted in compliance with this policy. While we consider submitted reports both confidential and potentially privileged documents, and protected from compelled disclosure in most circumstances, please be aware that a court could, despite our objections, order us to share information with a third party.
## 3. Limited Waiver of Other Site Polices
## 3. Limited Waiver of Other Site Policies
To the extent that your security research activities are inconsistent with certain restrictions in our [relevant site policies](/site-policy) but consistent with the terms of our bug bounty program, we waive those restrictions for the sole and limited purpose of permitting your security research under this bug bounty program. Just like above, if in doubt, ask us first!

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@ -34,9 +34,9 @@ GitHub Security Incident Response Team (SIRT)
Subteams:
- Threat Hunting, Operations, and Response (THOR)
- Product Security Incident Response Team (PSIRT)
- Bug Bounty
* Threat Hunting, Operations, and Response (THOR)
* Product Security Incident Response Team (PSIRT)
* Bug Bounty
### 2.2 Address
@ -49,10 +49,10 @@ United States
Our team mainly works in the contiguous United States and keeps to these hours:
- EST/EDT
- CST/CDT
- MST/MDT
- PST/PDT
* EST/EDT
* CST/CDT
* MST/MDT
* PST/PDT
### 2.4 Telephone Number
@ -76,8 +76,8 @@ This relays email to the human(s) on duty for GitHub SIRT.
GitHub SIRT has a PGP public key:
- Key ID: `78DCCCE9923E5CFB3CAA5D5AB79DBDA3BE944D9E`
- Key expiry: `2025-09-12`
* Key ID: `78DCCCE9923E5CFB3CAA5D5AB79DBDA3BE944D9E`
* Key expiry: `2025-09-12`
```text
-----BEGIN PGP PUBLIC KEY BLOCK-----
@ -128,13 +128,13 @@ Our constituency is any individual or organization that uses a GitHub product or
Some examples of GitHub products and services are:
- GitHub.com
- GitHub Enterprise Server
- GitHub Actions
- GitHub Desktop
- GitHub CLI
- GitHub API
- npm
* GitHub.com
* GitHub Enterprise Server
* GitHub Actions
* GitHub Desktop
* GitHub CLI
* GitHub API
* npm
### 3.3 Sponsorship and/or Affiliation
@ -174,8 +174,8 @@ GitHub SIRT does not provide incident response services for customers. Every eff
GitHub SIRT carries out the following activities for incident triage:
- Security signals are collected and interpreted to determine risk, severity, and priority.
- Investigation as to whether an incident occurred and what its effect and impact was.
* Security signals are collected and interpreted to determine risk, severity, and priority.
* Investigation as to whether an incident occurred and what its effect and impact was.
This list is not exhaustive.
@ -183,9 +183,9 @@ This list is not exhaustive.
GitHub SIRT carries out the following activities for incident coordination:
- Situational awareness and analysis for stakeholders such as engineering, legal, and support teams.
- Command role with authority to direct resources as required.
- External coordination with affected or involved third-parties.
* Situational awareness and analysis for stakeholders such as engineering, legal, and support teams.
* Command role with authority to direct resources as required.
* External coordination with affected or involved third-parties.
This list is not exhaustive.
@ -193,10 +193,10 @@ This list is not exhaustive.
GitHub SIRT carries out the following activities for incident resolution:
- Engages relevant internal teams to eradicate, restore, and secure.
- Collection and storage of evidence for internal use as well as potential law enforcement involvement.
- Notification to affected constituents.
- Postmortem authoring with lessons learned and post-incident repair items.
* Engages relevant internal teams to eradicate, restore, and secure.
* Collection and storage of evidence for internal use as well as potential law enforcement involvement.
* Notification to affected constituents.
* Postmortem authoring with lessons learned and post-incident repair items.
This list is not exhaustive.