At the bottom of README.md, they state:
"This project leverages the Gemini APIs to provide AI capabilities. For details on the terms of service governing the Gemini API, please refer to the terms for the access mechanism you are using:
* Gemini API key
* Gemini Code Assist
* Vertex AI"
The Gemini API terms state: "for Unpaid Services, all content and responses is retained, subject to human review, and used for training".
The Gemini Code Assist terms trifurcate for individuals, Standard / Enterprise, and Cloud Code (presumably not relevant).
* For individuals: "When you use Gemini Code Assist for individuals, Google collects your prompts, related code, generated output, code edits, related feature usage information, and your feedback to provide, improve, and develop Google products and services and machine learning technologies."
* For Standard and Enterprise: "To help protect the privacy of your data, Gemini Code Assist Standard and Enterprise conform to Google's privacy commitment with generative AI technologies. This commitment includes items such as the following: Google doesn't use your data to train our models without your permission."
The Vertex AI terms state "Google will not use Customer Data to train or fine-tune any AI/ML models without Customer's prior permission or instruction."
What a confusing array of offerings and terms! I am left without certainty as to the answer to my original question. When using the free version by signing in with a personal Google account, which doesn't require a Gemini API key and isn't Gemini Code Assist or Vertex AI, it's not clear which access mechanism I am using or which terms apply.
It's also disappointing "Google's privacy commitment with generative AI technologies" which promises that "Google doesn't use your data to train our models without your permission" doesn't seem to apply to individuals.