I’ll start by telling you that this isn’t legal advice.
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.
Paid Services
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 Billingaccount), 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.