Effective May 14, 2024
To use the 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 extract or replicate the underlying 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.
Paid Services
The terms in this "Paid Services" section apply solely to your use of paid Services ("Paid Services"), as opposed to any Services that are offered free of charge like direct interactions with Google AI Studio or unpaid quota in Gemini API ("Unpaid 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.
If you're in the European Economic Area, Switzerland, or the United Kingdom, the terms applicable to Paid Services apply to all Services including AI Studio even though it's offered free of charge. For Paid Services, "Google" as used in these Terms has the meaning given here.
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.
Data Use for Paid Services
When you're using Paid Services, 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.
Data Use for Unpaid Services
The terms in this section apply solely to your use of 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 uses this data, consistent with our Privacy Policy, to provide, improve, and develop Google products and services and machine learning technologies, including Google’s enterprise features, products, and services.
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.
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.
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.