Gemini API Additional Terms of Service

Effective October 31, 2024

To use Gemini API, Google AI Studio, and the other Google developer services that reference these terms (collectively, the "APIs" or "Services"), you must accept (1) the Google APIs Terms of Service (the "API Terms"), and (2) these Gemini API Additional Terms of Service (the "Additional Terms"). Terms that are not defined in these Additional Terms have the meanings given in the API Terms.

Age Requirements

You must be 18 years of age or older to use the APIs. You also will not use the Services as part of a website, application, or other service (collectively, "API Clients") that is directed towards or is likely to be accessed by individuals under the age of 18.

Use Restrictions

You may use API Clients for production use but Google may enforce rate limits. You may not use any Services identified as "Preview" for production use.

You may only access the Services (or make API Clients available to users) within an available region. You may use only Paid Services when making API Clients available to users in the European Economic Area, Switzerland, or the United Kingdom.

You may not use the Services to develop models that compete with the Services (e.g., Gemini API or Google AI Studio). You also may not attempt to reverse engineer, extract or replicate any component of the Services, including the underlying data or models (e.g., parameter weights).

In addition to the "API Prohibitions" section in the API Terms, you must comply with our Prohibited Use Policy, which provides additional details about appropriate conduct when using the Services.

The Services include safety features to block harmful content, such as content that violates our Prohibited Use Policy. You may not attempt to bypass these protective measures or use content that violates the API Terms or these Additional Terms. You should only lower safety settings if necessary and appropriate for your use case. Applications with less restrictive safety settings may be subject to Google's review and approval.

You may not use the Services in clinical practice, to provide medical advice, or in any manner that is overseen by or requires clearance or approval from a medical device regulatory agency.

Use of Generated Content

Some of our Services allow you to generate original content. Google won't claim ownership over that content. You acknowledge that Google may generate the same or similar content for others and that we reserve all rights to do so.

As required by the API Terms, you'll comply with applicable law in using generated content, which may require the provision of attribution to your users when returned as part of an API call. Use discretion before relying on generated content, including code. You're responsible for your use of generated content, and for the use of that content by anyone you share it with.

Unpaid Services

Any Services that are offered free of charge like direct interactions with Google AI Studio or unpaid quota in Gemini API are unpaid Services (the "Unpaid Services").

How Google Uses Your Data

When you use Unpaid Services, including, for example, Google AI Studio and the unpaid quota on Gemini API, Google uses the content you submit to the Services and any generated responses to provide, improve, and develop Google products and services and machine learning technologies, including Google's enterprise features, products, and services, consistent with our Privacy Policy.

To help with quality and improve our products, human reviewers may read, annotate, and process your API input and output. Google takes steps to protect your privacy as part of this process. This includes disconnecting this data from your Google Account, API key, and Cloud project before reviewers see or annotate it. Do not submit sensitive, confidential, or personal information to the Unpaid Services.

The license you grant to Google under the "Submission of Content" section in the API Terms also extends, to the extent required under applicable law for our use, to any content (e.g., prompts, including associated system instructions, cached content, and files such as images, videos, or documents) you submit to the Services and to any generated responses.

Google only uses content that you import or upload to our model tuning feature for that express purpose. Tuning content may be retained in connection with your tuned models for purposes of re-tuning when supported models change. When you delete a tuned model, the related tuning content is also deleted.

If you're in the European Economic Area, Switzerland, or the United Kingdom, the terms under "How Google uses Your Data" in "Paid Services" apply to all Services, including Google AI Studio and unpaid quota in the Gemini API, even though they are offered free of charge.

When a Service is being offered for a fee, it is considered to be a paid Service (the "Paid Services"). Where the same offering is available both for a fee and free of charge (e.g., unpaid quota available in Gemini API unless your associated project has billing enabled under your Cloud Billing account), it is considered a Paid Service when you are being charged for it, and an Unpaid Service when you are not.

For Paid Services, "Google" as used in these Terms has the meaning given here.

How Google Uses Your Data

When you use Paid Services, including, for example, the paid quota of the Gemini API, Google doesn't use your prompts (including associated system instructions, cached content, and files such as images, videos, or documents) or responses to improve our products, and will process your prompts and responses in accordance with the Data Processing Addendum for Products Where Google is a Data Processor. This data may be stored transiently or cached in any country in which Google or its agents maintain facilities.

Other data we collect while providing the Paid Services to you, such as account information and settings, billing history, direct communications and feedback, and usage details (e.g., information about usage including token count per prompt and response, operational status, safety filter triggers, software errors and crash reports, authentication details, quality and performance metrics, and other technical details necessary for Google to operate and maintain Services, which may include device identifiers, identifiers from cookies or tokens, and IP addresses) remains subject to the Google Controller-Controller Data Protection Terms and Google Privacy Policy referenced in the API Terms.

When using Grounding with Google Search, additional data is collected and used, as detailed in the "Grounding with Google Search" section below.

Payment Terms

Billing and payments for Paid Services are handled by Cloud Billing in the Google Cloud Platform.

As such, Section 2 (Payment Terms) and Section 14 (Miscellaneous) of the Google Cloud Platform Terms of Service govern payments, invoicing, billing, payment disputes, and related issues, while these Terms govern your use of the Paid Services. These Terms do not govern your direct use of any Google Cloud Platform service (including those listed on the Google Cloud Platform Services Summary).

"Fees" (as used in the Google Cloud Platform Terms of Service) for Paid Services are as specified on our pricing page. Google may make changes to this pricing from time to time, effective 30 days after they are posted unless otherwise specified (or in the case of new Paid Services, where pricing takes effect immediately unless otherwise specified). Your continued use of the Paid Services constitutes your consent to those changes.

"Grounding with Google Search" is a Service that provides Grounded Results and Search Suggestions and can be used through Google AI Studio (as an Unpaid Service), and via Gemini API as a (Paid Service). "Grounded Results" mean responses that Google generates using the prompt from the end user, contextual information that you may provide (as applicable), and results from Google's search engine. "Search Suggestions" (also known as Search Entry Points) mean search suggestions that Google provides with the Grounded Results. If a Grounded Result is clicked on, separate terms (not these terms) govern the destination page. If a Search Suggestion is clicked on the Google Terms of Service govern the google.com destination page. "Links" are any other means to fetch web pages (including hyperlinks and URLs), which may be contained in a Grounded Result or Search Suggestion. Links also include titles or labels provided with those means to fetch web pages. Excluding your web domain(s), you will not assert ownership rights in any intellectual property in Search Suggestions or Links in Grounded Results.

Use Restrictions

  • You will only use Grounding with Google Search in an application that is owned and operated by you and will only display the Grounded Results with the associated Search Suggestion(s) to the end user who submitted the prompt.
  • You will not, and will not allow your end user or any third party to, store (except as provided below), cache, copy, frame, implement any click tracking, Link-tracking or other monitoring of (except as provided below), syndicate, resell, analyze, train on, or otherwise learn from Grounded Results or Search Suggestions.
    • You may store the text of the Grounded Result(s) (excluding Links): (1) that were displayed by you for up to thirty (30) days only to evaluate and optimize the display of the Grounded Results in your application; and (2) in chat history of an end user of your application for up to six (6) months only for the purpose of allowing that end user to view their chat history.
    • You may monitor end user interactions with your application interface; however, you will not track whether those interactions were specifically with a given Search Suggestion or Grounded Result (in each case, in whole or in part, including any specific Link).
  • Unless permitted by Google in writing, you: (1) will not modify, or intersperse any other content with, the Grounded Results or Search Suggestions; and (2) will not place any interstitial content between any Link or Search Suggestions and the associated destination page, redirect end users away from the destination pages, or minimize, remove, or otherwise inhibit the full and complete display of any destination page.

Data Collection and How Google Uses Your Data

In addition to the general terms above ("How Google Uses Your Data" under "Unpaid Services" and "Paid Services"), when using Grounding with Google Search, Google will store prompts, contextual information that you may provide, and output for thirty (30) days for the purposes of creating Grounded Results and Search Suggestions and the stored information can be used for debugging and testing of systems that support Grounding with Google Search. When using Grounding with Google Search via paid quota of Gemini API, this processing for debugging and testing of systems is in accordance with the Data Processing Addendum for Products Where Google is a Data Processor.

This subsection "Grounding with Google Search" will survive termination of the Agreement, as applicable.

The Client Application Guidelines apply to your use of Grounding with Google Search. For purposes of the Client Application Guidelines, your applications that are using Grounding with Google Search are considered Approved Applications.

Disclaimers

The Services include experimental technology and may sometimes provide inaccurate or offensive content that doesn't represent Google's views.

Use discretion before relying on, publishing, or otherwise using content provided by the Services.

Don't rely on the Services for medical, legal, financial, or other professional advice. Any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional. Content does not constitute medical treatment or diagnosis.