Can I use Gemini image (Nano Banana) commercially?

Can I use Gemini / Nano Banana images in a commercial game?

Short answer: Yes, Google's terms allow it. Google's Terms of Service and the Gemini API Additional Terms both say Google won't claim ownership of content you generate, and neither restricts commercial use, on free or paid use. The catches: don't present AI images as made solely by a human; every image carries an invisible SynthID watermark (the Gemini app can add a visible one too); free AI Studio use lets Google use your prompts and outputs to improve its products; the API is 18+ only; and Google's AI indemnity doesn't cover the Gemini Developer API. Purely AI images may not be protected by copyright, and Steam still needs a disclosure.

• Ownership: Google 'won't claim ownership', but notes it may generate the same or similar images for others, so you can't stop someone else getting a lookalike.
• Free vs paid: unpaid use (AI Studio, free quota) lets Google use prompts and outputs to improve its products, and human reviewers may read them. Paid API use doesn't (Google keeps logs for a limited time only to catch policy abuse). In the EEA, Switzerland and the UK, the paid-tier data rules apply to free use too. Elsewhere, keep unreleased game art off the free tier.
• Watermarks: the API docs say every generated image includes SynthID. In the Gemini app you can switch the visible watermark off in Settings (in India, South Korea and Vietnam only with AI Ultra), but SynthID and Content Credentials stay.
• Runtime generation in your game: the API terms are 18+ and bar use in apps 'directed towards or likely to be accessed by individuals under the age of 18', which rules out most all-ages games calling the API live.
• No training: Google's terms bar using its AI output to develop machine learning models, so don't use Gemini images to train your own LoRA or model.
• Indemnity: Google Cloud's generative AI indemnity covers Gemini and Imagen on its Agent Platform (formerly Vertex AI) API, not the Gemini Developer API or AI Studio. Developer API users who are businesses indemnify Google instead.
• Imagen: shut down in the Gemini API; the Nano Banana models (Nano Banana 2, Nano Banana 2.1, Nano Banana Pro) replace it.

"Some of our Services allow you to generate original content. Google won't claim ownership over that content. You acknowledge that Google may generate the same or similar content for others and that we reserve all rights to do so."

"Some of our services allow you to generate original content. Google won’t claim ownership over that content."

"Misrepresenting the provenance of generated content by claiming it was created solely by a human, in order to deceive."

"All generated images include a SynthID watermark."

"This setting only controls the visible watermark. It doesn’t affect SynthID watermarks or Content Credentials for media you create with Gemini Apps."

"When you use Unpaid Services, including, for example, Google AI Studio and the unpaid quota on Gemini API, Google uses the content you submit to the Services and any generated responses to provide, improve, and develop Google products and services and machine learning technologies"

"You must be 18 years of age or older to use the APIs."

"using AI-generated content from our services to develop machine learning models or related AI technology"

"The following Services are covered by the Additional Google Indemnification Obligations in the Service Specific Terms."

"Imagen is shut down and no longer available through the Gemini API."

Sources: ai.google.dev · policies.google.com · policies.google.com · ai.google.dev · support.google.com · cloud.google.com

Related: Gemini image: price and licence · Same question for ChatGPT images · AI tools that indemnify you · Does Steam allow AI art?

Asked on: reddit.com/r/aigamedev. Answer checked 2026-10-17; not legal advice.