updates for using data for training

Author: site-policy-bot

Policies/content-removal-policies/github-private-information-removal-policy.md

@@ -8,7 +8,7 @@ versions:
   fpt: '*'
 ---
 
-We offer this private information removal process as an exceptional service only for high-risk content that violates [GitHub's Terms of Service](/site-policy/acceptable-use-policies/github-acceptable-use-policies#3-conduct-restrictions), such as when your security is at risk from exposed access credentials. This guide describes the information GitHub needs from you in order to process a request to remove private information from a repository.
+We offer this private information removal process as an exceptional service only for high-risk content that violates [GitHub's Terms of Service](/site-policy/acceptable-use-policies/github-acceptable-use-policies), such as when your security is at risk from exposed access credentials. This guide describes the information GitHub needs from you in order to process a request to remove private information from a repository.
 
 ## What is Private Information?
 

Policies/content-removal-policies/guide-to-submitting-a-dmca-counter-notice.md

@@ -38,7 +38,7 @@ These are just a few examples of the complexities of copyright law. Since there
 We require you to fill out all fields of a counter notice completely, because a counter notice is a legal statement — not just to us, but to the complaining party. As we mentioned above, if the complaining party 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 you from engaging in infringing activity relating to the content on GitHub. In other words, you might get sued (and you consent to that in the counter notice).
 
 ***Your Counter Notice Will Be Published.*** <!-- markdownlint-disable-line emphasis-style -->
-As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#d-transparency), **after redacting personal information,** we publish all complete and actionable counter notices at <https://github.com/github/dmca>. Please also note that, although we will only publicly publish redacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it. If you are concerned about your privacy, you may have a lawyer or other legal representative file the counter notice on your behalf.
+As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#e-transparency), **after redacting personal information,** we publish all complete and actionable counter notices at <https://github.com/github/dmca>. Please also note that, although we will only publicly publish redacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it. If you are concerned about your privacy, you may have a lawyer or other legal representative file the counter notice on your behalf.
 
 ***GitHub Isn't The Judge.*** <!-- markdownlint-disable-line emphasis-style -->
 GitHub exercises little discretion in this process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

Policies/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice.md

@@ -43,7 +43,7 @@ This list isn't exhaustive, which is why speaking to a legal professional about
 
 ***You May Receive a Counter Notice.*** Any user affected by your takedown notice may decide to submit a [counter notice](/site-policy/content-removal-policies/guide-to-submitting-a-dmca-counter-notice). If they do, we will re-enable their content within 10-14 days unless you notify us that you have initiated a legal action seeking to restrain the user from engaging in infringing activity relating to the content on GitHub. <!-- markdownlint-disable-line emphasis-style -->
 
-***Your Complaint Will Be Published.*** As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#d-transparency), after redacting personal information, we publish all complete and actionable takedown notices at <https://github.com/github/dmca>. <!-- markdownlint-disable-line emphasis-style -->
+***Your Complaint Will Be Published.*** As noted in our [DMCA Takedown Policy](/site-policy/content-removal-policies/dmca-takedown-policy#e-transparency), after redacting personal information, we publish all complete and actionable takedown notices at <https://github.com/github/dmca>. <!-- markdownlint-disable-line emphasis-style -->
 
 ***GitHub Isn't The Judge.*** <!-- markdownlint-disable-line emphasis-style -->
 GitHub exercises little discretion in the process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.

Policies/github-terms/github-marketplace-terms-of-service.md

@@ -11,7 +11,7 @@ Welcome to GitHub Marketplace ("Marketplace")! We're happy you're here. Please r
 
 By using Marketplace, you are agreeing to be bound by these Marketplace Terms.
 
-Effective Date: August 1, 2024
+Effective Date: April 24, 2026
 
 ## A. GitHub.com's Terms of Service
 
@@ -33,7 +33,7 @@ We are not a party to the agreement between you and the Product Provider with re
 
 ## D. Payment, Billing Schedule, and Cancellation
 
-All payments for Developer Products will go through GitHub. The terms of your payment and fees will be governed by [Section K. Payment](/site-policy/github-terms/github-terms-of-service#k-payment), or the analogous section of your applicable GitHub Terms. By using the Marketplace, you agree to pay GitHub any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and GitHub, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information.
+All payments for Developer Products will go through GitHub. The terms of your payment and fees will be governed by [Section L. Payment](/site-policy/github-terms/github-terms-of-service#l-payment), or the analogous section of your applicable GitHub Terms. By using the Marketplace, you agree to pay GitHub any charge incurred in connection with your purchase of the Developer Product. Each purchase is an electronic contract between you and GitHub, and you and the Product Provider. You are responsible for providing us with a valid means of payment for purchases of Developer Products. If you are only purchasing free Developer Products, you are not required to provide payment information.
 
 **Billing Schedule; No Refunds.** Your payment schedule is determined by the payment schedule you chose when you created your GitHub account (e.g. free, monthly, annual). For monthly or yearly payment plans, Marketplace purchases are billed in advance on a monthly or yearly basis respectively and are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused; however, the service will remain active for the length of the paid billing period. If you would like to cancel the Developer Product services, you can do so by going into your Settings in the global navigation bar at the top of the screen.
 

Policies/github-terms/github-pre-release-license-terms.md

@@ -51,19 +51,19 @@ These terms apply to the pre-release software made available to you by GitHub. T
 
 ## 4. Data Collection and Usage.
 
-  a. **Processing of Personal Data.** By default, GitHub is the data controller in relation to the Personal Data processed in connection with the pre-release software and follows the terms below. As the pre-release software is developed, it may reach a stage where data is handled the same as it will when the software becomes generally available. Pre-release software that has progressed to that stage of development is listed at [https://gh.io/dpa-previews](https://gh.io/dpa-previews). At that point, the customer becomes the data controller and the software is governed by the terms of the GitHub Data Protection Agreement instead of this Section 4.
+  a. **Consent to Data Collection.** The pre-release software may collect telemetry information about you and your use of the software, and send that information to GitHub. Subject to the limitations in Section 4(b) below, GitHub may use this information to provide services, to improve our products and services, or for any other purpose permitted under the GitHub Data Protection Agreement or GitHub Privacy Statement. Your use of the pre-release software operates as your consent to these practices.
 
-  b. **Consent to Data Collection.** The pre-release software may collect telemetry information about you and your use of the software, and send that information to GitHub. Subject to the limitations in Section 4(c) below, GitHub may use this information to provide services, to improve our products and services, or for any other purpose permitted under the GitHub Data Protection Agreement or GitHub Privacy Statement. Your use of the pre-release software operates as your consent to these practices.
-
-  c. **Use of Collected Data.**
+  b. **Use of Collected Data.**
   * GitHub will use collected data for analytics and measurement to understand how our pre-release software and related products are used.
   * The software will collect data and usage information about events generated when interacting with it. These events help us analyze and measure performance and features used. This usage information is used by GitHub and may be shared with affiliates and other third parties to help deliver, develop, evaluate, and improve the software and related products.
   * We analyze data to ensure the pre-release software is working as intended, to evaluate the safety, reliability, and user experience of the software, and to investigate and detect potential abuse.
   * We may combine the information we collect from the pre-release software with other data.
   * For pre-release software that uses AI:
       * You retain ownership of the code that you input to the software.
       * GitHub does not own the output sent to you by the software.
-      * GitHub will not use your inputs or the outputs generated to train AI language models, unless you have instructed us in writing to do so.
+      * GitHub will not use Copilot Business or Copilot Enterprise Inputs or the Outputs generated to train AI language models, unless you have instructed us in writing to do so.
+
+  c. **Processing of Personal Data.** GitHub is the data controller in relation to the Personal Data processed in connection with the pre-release software.
 
   d. **Data Collection by You.** There may be some features in the pre-release software that enable you and GitHub to collect data from users of your applications. If you use these features, you must comply with all applicable laws on data collection, including providing appropriate notices to users of your applications as well as a copy of GitHub’s Privacy Statement. You can learn more about data collection and use in the software documentation.
 
@@ -117,4 +117,4 @@ You bear the sole risk of using the pre-release software.
 
 ## 15. Nature of Terms for Microsoft Customers.
 
-  If you license GitHub through Microsoft and your agreement with Microsoft does not already provide for the inclusion of these terms, these terms shall be considered an amendment to the Microsoft Product Terms for GitHub Offerings for the duration of your use of the pre-release software.
+  If you license GitHub through Microsoft, these terms shall be considered an amendment to the Microsoft Product Terms for GitHub Offerings for the duration of your use of the pre-release software.

Policies/github-terms/github-terms-for-additional-products-and-features.md

@@ -11,7 +11,7 @@ versions:
   fpt: '*'
 ---
 
-Version Effective Date: April 1, 2025
+Version Effective Date: April 24, 2026
 
 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.
 
@@ -86,7 +86,7 @@ In order to prevent violations of these limitations and abuse of GitHub Codespac
 
 Codespaces allows you to load extensions from the Microsoft Visual Studio Marketplace (“Marketplace Extensions”) for use in your development environment, for example, to process the programming languages that your code is written in. Marketplace Extensions are licensed under their own separate terms of use as noted in the Visual Studio Marketplace, and the terms of use located at https://aka.ms/vsmarketplace-ToU. GitHub makes no warranties of any kind in relation to Marketplace Extensions and is not liable for actions of third-party authors of Marketplace Extensions that are granted access to Your Content. Codespaces also allows you to load software into your environment through devcontainer features. Such software is provided under the separate terms of use accompanying it. Your use of any third-party applications is at your sole risk.
 
-The generally available version of Codespaces is not currently available for U.S. government customers. U.S. government customers may continue to use the Codespaces Beta Preview under separate terms. See [Beta Preview terms](/site-policy/github-terms/github-terms-of-service#j-beta-previews).
+The generally available version of Codespaces is not currently available for U.S. government customers. U.S. government customers may continue to use the Codespaces Beta Preview under separate terms. See [Beta Preview terms](/site-policy/github-terms/github-terms-of-service#k-beta-previews).
 
 ## Competitive Benchmarking
 
@@ -100,22 +100,7 @@ With GitHub Connect, you can share certain features and data between your GitHub
 
 For GitHub Copilot Business and Copilot Enterprise license holders, your use of GitHub Copilot is governed by the [GitHub Copilot Product Specific Terms](https://github.com/customer-terms/github-copilot-product-specific-terms).
 
-For other GitHub Copilot license holders, your use of GitHub Copilot is governed by the following terms:
-To use GitHub Copilot in your code editor, you need to install the GitHub Copilot extension to that editor. To use GitHub Copilot in the CLI (Command Line Interface), you need to install the GitHub Copilot CLI extension. To use GitHub Copilot Chat on GitHub Mobile, you need to install the GitHub Mobile application. To use GitHub Copilot on the GitHub.com, you must access the website.
-
-If you customize GitHub Copilot, to include using a GitHub Copilot Extension (Extension), your use may be subject to the terms of use and privacy policy applicable to the customization.
-
-The code you write using GitHub Copilot is not “Content” under the Agreement until you upload it to GitHub.com. The code, functions, and other output returned to you by GitHub Copilot are called “**Suggestions**.” GitHub does not own Suggestions. You retain ownership of Your Code and you retain responsibility for Suggestions you include in Your Code. It is entirely your decision whether to use Suggestions generated by GitHub Copilot. If you use Suggestions, GitHub strongly recommends that you have reasonable policies and practices in place designed to prevent the use of a Suggestion in a way that may violate the rights of others.
-
-_Acceptable Use_
-
-Your use of GitHub Copilot is subject to the GitHub [Acceptable Use Policies](/site-policy/acceptable-use-policies/github-acceptable-use-policies). For example, you may not prompt GitHub Copilot with content that is unlawful or otherwise prohibited by the GitHub Acceptable Use Policies on GitHub.com. If you choose to "Allow" Copilot to provide [Suggestions matching public code](/enterprise-cloud@latest/copilot/using-github-copilot/finding-public-code-that-matches-github-copilot-suggestions?tool=vscode), you must comply with cited licenses.
-
-_Data_
-
-GitHub Copilot (i) may collect and process data based on your settings and the specific GitHub Copilot Service you use - this may include Prompts, Suggestions, and code snippets, and (ii) will collect additional usage information through the GitHub Copilot Service you use tied to your Account - this may include Service Usage Information, Website Usage Data, and Feedback Data. Upon your instructions, we may share this data with third-party applications such as those on the [GitHub Marketplace](https://github.com/marketplace) or third-party AI models of your choosing. This may include personal data, as referenced in the [GitHub Privacy Statement](/site-policy/privacy-policies/github-privacy-statement). You can learn more about the collection and use of GitHub Copilot data in the [GitHub Copilot Trust Center](https://copilot.github.trust.page/).
-
-For GitHub Copilot Free users, the data collected by GitHub Copilot may be used for AI Model training where permitted and if you allow in your settings.
+For all other GitHub Copilot users, your use of GitHub Copilot is governed by [Section J (AI Features) of the GitHub Terms of Service](/site-policy/github-terms/github-terms-of-service#j-ai-features-training-and-your-data).
 
 ## GitHub Enterprise Importer