Access Reciprocity Terms (#57683)

Co-authored-by: Dan Velton <[email protected]>
Co-authored-by: Ben Ahmady <[email protected]>

Author: 3 people

content/site-policy/github-terms/github-terms-of-service.md

@@ -146,6 +146,12 @@ You retain all moral rights to Your Content that you upload, publish, or submit
 
 To the extent this agreement is not enforceable by applicable law, you grant GitHub the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
 
+### 8. Access Reciprocity
+
+By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commercial AI System"), you hereby waive any and all policies, terms, conditions, or contractual provisions governing products, services, websites or datasets you own or operate that would otherwise prohibit, restrict, or place conditions upon GitHub's Access to any publicly accessible data, information or content associated with your products or services, including for the purpose of developing or training any Commercial AI System. You further agree not to impose technical or other targeted measures to restrict or retaliate against such Access.
+
+This Section D.8 does not apply to Access solely for the purpose of academic research or if, on the date you Access the Content, the number of monthly active users of the products or services made available by you is less than 700 million in the preceding calendar month. For the purposes of this Section, "you" shall refer to you and any entity that directly or indirectly controls, is controlled by, or is under common control with you (affiliates). 
+
 ## E. Private Repositories
 
 **Short version:** _We treat the content of private repositories as confidential, and we only access it as described in our Privacy Statement—for security purposes, to assist the repository owner with a support matter, to maintain the integrity of the Service, to comply with our legal obligations, if we have reason to believe the contents are in violation of the law, or with your consent._
@@ -351,7 +357,7 @@ We reserve the right at any time and from time to time to modify or discontinue,
 
 ### 1. Governing Law
 
-Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
+Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California. However, any claim for injunctive relief with respect to a violation of section D.8 may be brought in any jurisdiction.
 
 ### 2. Non-Assignability