Unless you turn off the opt-out setting in your project, Google states it may use the prompts and responses you send through the API to train and improve its AI models.
This analysis describes what Google AI Studio's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a default data-use posture that applies to all API traffic until a developer affirmatively changes a project setting. Developers handling personal data from end users should assess whether this default is consistent with their data protection obligations before deploying.
Developers and, by extension, end users of developer-built applications may have their API inputs and outputs used for Google model improvement unless the developer has configured the opt-out setting. The provision places the obligation to opt out on the developer, not the end user.
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"When you use the Gemini API via Google AI Studio, Google uses the content you submit to and generate from the API ("API Data") to provide, improve, and develop Google products and services, including Google's AI models, unless you opt out using the API data settings for your project.Excerpt from Google AI Studio's Gemini API Terms of Service
1) REGULATORY LANDSCAPE: This provision engages GDPR Articles 5(1)(b) (purpose limitation), 6 (lawful basis), and 13/14 (transparency), as data submitted through the API may include personal data from end users.
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This provision establishes a default data-use posture that applies to all API traffic until a developer affirmatively changes a project setting. Developers handling personal data from end users should assess whether this default is consistent with their data protection obligations before deploying.
Developers and, by extension, end users of developer-built applications may have their API inputs and outputs used for Google model improvement unless the developer has configured the opt-out setting. The provision places the obligation to opt out on the developer, not the end user.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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