GitHub Offerings

Product Conditions:

Provides additional information related to acquiring the Product, such as prerequisites for purchase, prior versions, and the applicable Product Pool.

GitHub Core Online Services

The term “GitHub Core Online Services” applies only to the services in the table below, excluding any Previews.

Security Practices and Policies for GitHub Core Online Services

In addition to the security practices and policies for Online Services in the GitHub DPA, each GitHub Core Online Service also complies with the control standards and frameworks shown in the table below and implements and maintains the security measures set forth in Attachment 2 of the GitHub DPA for the protection of Customer Data.

GitHub Enterprise

Customer’s Licensed Users may access and use both the GitHub Enterprise Cloud online service (formerly known as Business Cloud) and GitHub Enterprise Server on-premises software (formerly known as GitHub Enterprise or GHE), as included in GitHub Enterprise.

GitHub Enterprise Licensed via EES

Customer must acquire one GitHub Enterprise Service SL for the organization. For purposes of GitHub Enterprise License Terms, all of Customer’s Education Qualified Users (or Knowledge Workers) and Students are deemed to be Licensed Users during the term of its Service SL.

Training and Evaluation

Notwithstanding any terms to the contrary in Customer's volume licensing agreement, access to GitHub Enterprise software or other GitHub Offerings for preview, demonstration, trial, training, or evaluation purposes, as well as access to pre-release versions, is governed by the terms at https://aka.ms/github_preview.

License Prerequisites

Purchases of the following Licenses also require the purchase of a prerequisite License listed in the table below:

Service Level Agreement

For more information, please refer to https://github.com/customer-terms/github-online-services-sla.

GitHub Advanced Security

In addition to User SLs permitting access to GitHub Enterprise, Customer must acquire GitHub Advanced Security User SLs for each of its Unique Committers.

GitHub Engineering Direct

GitHub Engineering Direct is premium technical support provided by GitHub, Inc. for customers who have Microsoft Premier or Unified Support.  By using GitHub technical support, Customer agrees to be bound by the GitHub terms available at https://aka.ms/githubsupport.

GitHub Enterprise Server

Updates
 

Customer must update on-premises software at least once per year. Releases can be found at https://enterprise.github.com/releases.

GitHub Enterprise Cloud

License Grant

Customer grants Microsoft a nonexclusive, worldwide license to use Customer Data, and the right to make incidental copies as necessary to provide the Online Services or support, or for security reasons.  Customer can terminate this license by removing such content from the service or generally by closing Customer's account, except (a) to the extent Customer shared it with others as part of the service and they copied re-shared or stored it and (b) for the reasonable time it takes to remove from backup and other systems. Customer will fully comply with any third-party license terms that apply to such content.

Contributions Under Repository License

Unless otherwise specifically agreed (for example in a contributor license agreement), upon adding content to a repository, Customer grants a license to third parties under the same terms as the repository. 

GitHub Copilot

Data

Prompts are the collection of code and supporting contextual information sent to GitHub to generate suggestions, including data you submit through a chat interface. Suggestions are the code, functions, and other output returned to Customers by GitHub Copilot.

A. Copilot Data Generally. GitHub Copilot sends an encrypted prompt from Customer to GitHub to provide suggestions. Except as detailed below, Prompts are transmitted only to generate these suggestions in real-time, are deleted once the suggestions are generated, and are not used for any other purpose.  Prompts are encrypted during transit and are not stored at rest without your permission.

B. When Prompts are Retained. Your Prompts are retained by GitHub in the following circumstances:

1. CLI and Other Tools. If you use GitHub Copilot tools that operate outside of your code editor, such as Copilot for the Command Line Interface, GitHub Copilot retains your Prompts to those tools to provide the service.
2. Private Language Models. If you have requested a customized private language model, GitHub Copilot retains your Prompts to fine-tune your private model.
3. Custom Settings. If you have configured GitHub Copilot to use alternative data handling, such as enabling interaction with third party extensions, GitHub Copilot will retain your Prompts based on that configuration.

C. More Information. More detailed information on how data is processed by GitHub Copilot is in the GitHub Privacy Statement available at https://gh.io/privacy. 

Notices

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 GitHub’s registered agent:

GitHub, Inc.

c/o Corporation Service Company

2710 Gateway Oaks Drive, Suite 150N

Sacramento, CA 95833-3505

Enablement of GitHub Advanced Security for Azure DevOps

In addition to a Licensed User permitting access to Azure DevOps, a customer must activate GitHub Advanced Security for Azure DevOps for each repository where the service is required, allowing Unique Committers to utilize the service.