Gemini app (Free, AI Plus, Pro & Ultra): No BAA · Used to develop Google products and machine-learning technologies · Human-reviewed chats retained up to three years and not deleted when you delete your activity
Gemini API: BAA not addressed in these terms · Unpaid tier used for product improvement, with human reviewers; paid tier not used · Paid logs kept a limited period
| Gemini app - Free, Google AI Plus, Pro & Ultra | Gemini API - unpaid vs paid tier | |
|---|---|---|
| HIPAA BAA | NoGoogle's BAA covers Google Workspace and Cloud Identity services and must be accepted by an admin; the consumer Gemini app tiers are not Workspace services | Not publicly stated in the Gemini API termsGoogle's BAA is offered through Google Workspace and Cloud Identity, not addressed in these terms |
| Trains on your data | Yes"Google uses this data to provide, improve, and develop Google products, services, and machine-learning technologies"; a subset of chats is also read by human reviewers | Depends on tierunpaid: yes, "Google uses the content you submit... to provide, improve, and develop Google products and services", with human reviewers who "may read, annotate, and process your API input and output". Paid: no, "Google doesn't use your prompts... or responses to improve our products" |
| Survives deletion | Yesexplicitly - "Chats reviewed by human reviewers... are not deleted when you delete your activity. Instead, they are retained for up to three years." Default activity auto-deletes at 18 months (changeable to 3 or 36 months or off); temporary chats 72 hours | Paid - "Google logs prompts and responses for a limited period of time, solely for detecting and preventing violations of the Prohibited Use Policy"; period not stated. Unpaid - no retention period stated |
| Deployer / admin log access | Nodocumented deployer access - consumer accounts are individual, not admin-managed; no employer audit or eDiscovery path is published for these tiers | Not publicly stated in the API terms |
| Third-party attestation | Not publicly stated for the consumer Gemini app tiers | Not publicly stated in the API terms |
Gemini for Google Workspace, which is admin-managed and BAA-covered; paying for Google AI Pro or Ultra does not convert a consumer account into a Workspace service
The paid tier - they are the same API and the same endpoint, but the unpaid tier permits training and human review while the paid tier does not. Prototyping on a free key is the exposure
Vendor terms change without notice. This page reflects what Google Gemini published as of September 1, 2026. Re-verified quarterly.
If you need a scored Go / Conditional Go / No-Go verdict for a vendor decision — including a vendor not listed here — that's an AI Vendor Risk Assessment: three binary industry gates, nine scored criteria, four provenance fields on every finding. $997, delivered in 48 hours.
See how AVRA works →Want all 13 tools in one file?
Covers 22 tiers across 13 tools — same sourcing, side by side, printable for a vendor file.