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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
Gemini Code Assist (Google)
DEVELOPER / CODING
PROMPT
Users retain IP in their code inputs per Google's general Terms.
OUTPUT
Not explicitly addressed by Google's general ToS. Code Assist supplement terms may apply for enterprise.
TRAINING
Governed by Google Cloud Terms of Service and Google Cloud Data Processing Addendum. Google does not use customer data to train AI/ML models unless the customer elects to opt in. Cached policy file is Google's boq-identity SPA (562KB/624KB single-line JavaScript bundle) — not directly extractable; analysis based on well-documented Google Cloud ToS provisions.
COMMERCIAL
Commercial use governed by Google Cloud terms for enterprise; general ToS for consumers.
147 verified findings across the displayed surfaces.
OpenAI API
DEVELOPER / CODING
PROMPT
API customers retain ownership of their inputs per OpenAI API Terms of Service.
OUTPUT
OpenAI assigns all its rights in outputs to API customers.
TRAINING
OpenAI Service Terms (January 9, 2026) apply to API and enterprise products. The Privacy Policy (May 18, 2026) explicitly states: 'This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API.' API customer data is governed by the customer's agreement with OpenAI. For ChatGPT (consumer), training opt-out is available via account settings or Temporary Chat.
COMMERCIAL
Commercial use of outputs is explicitly permitted for API customers.
182 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
Gemini Code Assist (Google) carries highly permissive license terms; OpenAI API carries highly permissive license terms.FOR ENTERPRISE: GEMINI CODE ASSIST (GOOGLE) NOT RECOMMENDED · OPENAI API NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | GEMINI CODE ASSIST (GOOGLE) | OPENAI API |
|---|---|---|
| PPrompt Ownership | ||
| OOutput Ownership | ||
| TModel Training | ||
| CCommercial Use | ||
| DData Privacy | ||
| $Tier Differences |
* Click any cell in the heatmap matrix to scroll directly to its verbatim policy citations below.
📂 Intellectual Property & Model Training
P
SURFACE 01
Prompt Ownership
Gemini Code Assist (Google)
LOW⚠ CAUTIONHIGH
Users retain IP in their code inputs per Google's general Terms.
“ to exercise rights and fulfill obligations under this Agreement.”
OpenAI API
MED⚠ CAUTIONHIGH
API customers retain ownership of their inputs per OpenAI API Terms of Service.
“ We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines . ”
O
SURFACE 02
Output Ownership
Gemini Code Assist (Google)
LOWHIGH
Not explicitly addressed by Google's general ToS. Code Assist supplement terms may apply for enterprise.
“Some of our services allow you to generate original content. Google won’t claim ownership over that content.”
OpenAI API
MEDHIGH
OpenAI assigns all its rights in outputs to API customers.
“ YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. ”
T
SURFACE 03
Model Training
Gemini Code Assist (Google)
HIGH
Governed by Google Cloud Terms of Service and Google Cloud Data Processing Addendum. Google does not use customer data to train AI/ML models unless the customer elects to opt in. Cached policy file is Google's boq-identity SPA (562KB/624KB single-line JavaScript bundle) — not directly extractable; analysis based on well-documented Google Cloud ToS provisions.
No citation available
OpenAI API
MED⚠ CAUTIONHIGH
OpenAI Service Terms (January 9, 2026) apply to API and enterprise products. The Privacy Policy (May 18, 2026) explicitly states: 'This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as our API.' API customer data is governed by the customer's agreement with OpenAI. For ChatGPT (consumer), training opt-out is available via account settings or Temporary Chat.
“Improve and develop our Services and conduct research, including using your Content to train our models (subject to your [control”
User content (including prompts and uploads) is used to train models by default; opt-out is available but must be actively exercised. The parenthetical 'subject to your control' links to external controls documentation, meaning users who do not proactively manage settings may have their content used for training.
C
SURFACE 04
Commercial Use
Gemini Code Assist (Google)
MED⚠ CAUTIONHIGH
Commercial use governed by Google Cloud terms for enterprise; general ToS for consumers.
“ Some of our services include downloadable or preloaded software. We give you permission to use that software as part of the services. The license we give you is: worldwide, which means it’s valid anywhere in the world non-exclusive, which means that we can license the software…”
OpenAI API
MED⚠ CAUTIONHIGH
Commercial use of outputs is explicitly permitted for API customers.
“ Parents or guardians of teen users for account linking purposes described above Other users and third parties you interact or share information with”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
Gemini Code Assist (Google)
MED⚠ CAUTIONHIGH
Enterprise customers subject to Google Cloud Master Agreement and Data Processing Addendum. Workspace customers may have additional terms under Google Workspace ToS.
“If you remove from our services any content that’s covered by this license, then our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions: If you already shared your content with others before removing it. For example,…”
Deletion only stops public availability within a 'reasonable amount of time' — no defined SLA. Content shared with others or indexed by search engines may persist indefinitely. No explicit data retention period is stated.
OpenAI API
MED⚠ CAUTIONHIGH
API/Enterprise: data governed by customer agreements; no training use by default. ChatGPT Free/Go: may include targeted advertising and model training by default (opt-out available). Healthcare Addendum available for HIPAA-covered use cases.
“ Our Services are not directed to, or intended for, children under 13. We do not knowingly collect Personal Data from children under 13. If you have reason to believe that a child under 13 has provided Personal Data to OpenAI through the Services, please email us at privacy@open…”
$
SURFACE 06
Tier Differences
Gemini Code Assist (Google)
LOW⚠ CAUTIONHIGH
Enterprise customers subject to Google Cloud Master Agreement and Data Processing Addendum. Workspace customers may have additional terms under Google Workspace ToS.
“ provided to Customer free of charge.”
OpenAI API
MEDHIGH
API/Enterprise: data governed by customer agreements; no training use by default. ChatGPT Free/Go: may include targeted advertising and model training by default (opt-out available). Healthcare Addendum available for HIPAA-covered use cases.
“ Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms . ”