The Gemini-specific rules add to and, where they conflict, override Google's general terms of service for AI-related matters.
This analysis describes what Google Gemini'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 the legal hierarchy between the general Google Terms of Service and the Gemini-specific policy, clarifying that Gemini-specific restrictions take precedence in any conflict.
Users of Gemini are bound by both the general Google Terms of Service and these additional AI-specific terms, with the AI-specific terms controlling in any conflict, which may create a more restrictive use framework than the general Google ToS alone.
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These Terms will be governed by the laws of the State of California, without regard to the conflict of law provisions thereof
the data controller responsible for Service Data we collect for Google Workspace and Google Workspace for Education is Google LLC, and the data controller responsible for Service Data we collect for Google Cloud Platform is Cloud Brasil Computação e Serviços de Dados Ltda.
The laws of the State of New York shall govern all matters arising out of or in relation to these Terms and any transactions hereunder, including the interpretation, construction, performance and enforcement thereof.
"These terms are in addition to and supplement the Google Terms of Service. In case of conflict between these terms and the Google Terms of Service, these additional terms will control with respect to the generative AI services.Excerpt from Google Gemini's Google Generative AI Prohibited Use Policy
REGULATORY LANDSCAPE: The layered agreement structure engages general contract law principles applicable in the user's jurisdiction, including rules on incorporation by reference and the enforceability of supplemental terms presented post-signup.
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This provision establishes the legal hierarchy between the general Google Terms of Service and the Gemini-specific policy, clarifying that Gemini-specific restrictions take precedence in any conflict.
Users of Gemini are bound by both the general Google Terms of Service and these additional AI-specific terms, with the AI-specific terms controlling in any conflict, which may create a more restrictive use framework than the general Google ToS alone.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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