Yes, the terms of use of The Stack require updating your copy of the dataset when it's updated to remove software https://huggingface.co/datasets/bigcode/the-stack-v2
But they say nothing about stopping using models already trained on that data.
And "the most recent usable version" gives considerable leeway. Presumably if we all removed all our software from The Stack, it would no longer be usable.
Also, interesting how THEIR terms matter, but MY terms don't