Gemini CLI Is Apache 2.0 Licensed, but Read the Terms of Service
Google’s Gemini CLI is a terminal-based tool for interacting with Gemini models. The GitHub repository is published under the Apache License 2.0, which permits code modification, redistribution, and commercial use.
Given that it is open source, you might assume you can freely wrap it in internal tooling or call it from custom interfaces. However, a closer look at the Terms of Service reveals an important restriction.
Third-Party Tool Restriction in the Terms of Service
The Gemini CLI Terms of Service includes the following clause:
Directly accessing the services powering Gemini CLI (e.g., the Gemini Code Assist service) using third-party software, tools, or services (for example, using OpenClaw with Gemini CLI OAuth) is a violation of applicable terms and policies.
In other words, while the code itself is freely available under Apache 2.0, the backend services it connects to have their own terms that explicitly prohibit access through third-party tools.
The consequences are also stated:
Such actions may be grounds for suspension or termination of your account.
OSS License and Service Terms Are Separate Things
This distinction is easy to overlook for engineers accustomed to working with open source.
- Code (Apache 2.0): Modification, redistribution, and commercial use are permitted
- Service (Terms of Service): Third-party tool access to the backing service is prohibited
The fact that code is open source does not mean the services it connects to can be used without restriction. With Gemini CLI, you can freely modify the code, but how you access the backend Gemini Code Assist service is constrained by the Terms of Service.
Different Terms Apply Based on Authentication Method
The Gemini CLI Terms of Service page explains that different terms apply depending on how you authenticate:
| Authentication method | Applicable terms |
|---|---|
| Google Account (Gemini Code Assist) | Google Terms of Service + Gemini Code Assist Privacy Notice |
| Gemini Developer API | Gemini API Terms of Service + Google Privacy Policy |
| Vertex AI GenAI API | Google Cloud Platform Service Terms + Google Cloud Privacy Notice |
Data handling and usage restrictions vary by authentication method, making this an important consideration when adopting the tool across an organization.
What to Check Before Organizational Adoption
If you are considering deploying Gemini CLI across your organization, here are the key points to verify:
- Read the Terms of Service: Do not stop at the Apache 2.0 license. Review the service Terms of Service as well
- Clarify your usage pattern: Using the CLI directly as an individual and wrapping it into internal tooling may have different implications under the Terms of Service
- Choose your authentication method: Google Account, Gemini Developer API, and Vertex AI each come with different applicable terms
- Consult legal counsel: Whether your specific usage pattern complies with the Terms of Service ultimately requires a legal determination
Conclusion
Gemini CLI is published as open-source software under Apache 2.0, but its Terms of Service prohibit accessing the backing services through third-party tools.
An OSS license governs how the code can be used. It does not govern the services that code connects to. When adopting AI coding tools in your organization, review not just the source code license but also the service Terms of Service.
That’s all from someone reading the fine print on AI coding tool terms. From the gemba.