Terms of use are very broad and not friendly for most things.

Can’t use for commercial purposes. Can’t opt out of training. Data retained.

Correct: can't opt out of training. This is well documented.

"Can't use for commercial purposes" - incorrect AFAICT. In what sense do you mean this? The open weight MIT version obviously allows for commercial use, but I don't think that's what you're referring to, because training data is irrelevant on the open weight version. Pretty sure the API allows commercial use too. Maybe the free version doesn't? But who cares?