Play Core Library 1.10.3

Play Core Software Development Kit:

Play Core Software Development Kit Terms of Service

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Last modified: September 24, 2020

1. By using the Play Core Software Development Kit, you agree to these terms in addition to the Google APIs Terms of Service ("API ToS"). If these terms are ever in conflict, these terms will take precedence over the API ToS. Please read these terms and the API ToS carefully.

2. For purposes of these terms, "APIs" means Google's APIs, other developer services, and associated software, including any Redistributable Code.

3. Redistributable Code means Google-provided object code or header files that call the APIs.

4. Subject to these terms and the terms of the API ToS, you may copy and distribute Redistributable Code solely for inclusion as part of your API Client.

Google and its licensors own all right, title and interest, including any and all intellectual property and other proprietary rights, in and to Redistributable Code. You will not modify, translate, or create derivative works of Redistributable Code.

5. Google may make changes to these terms at any time with notice and the opportunity to decline further use of the Play Core Software Development Kit.

Google will post notice of modifications to the terms at https://developer.android.com/guide/playcore. Changes will not be retroactive.

Google APIs Terms of Service

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Last modified: November 9, 2021

Thank you for using Google's APIs, other developer services, and associated software (collectively, "APIs"). By accessing or using our APIs, you are agreeing to the terms below. If there is a conflict between these terms and additional terms applicable to a given API, the additional terms will control for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use the APIs as an interface to, or in conjunction with other Google products or services, then the terms for those other products or services also apply.

Under the Terms, "Google" means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States, unless set forth otherwise in additional terms applicable for a given API. We may refer to "Google" as "we", "our", or "us" in the Terms.

Section 1: Account and Registration

a. Accepting the Terms

You may not use the APIs and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from using or receiving the APIs under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the APIs.

b. Entity Level Acceptance

If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

c. Registration

In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Google will always be accurate and up to date and you'll inform us promptly of any updates.

d. Subsidiaries and Affiliates

Google has subsidiaries and affiliated legal entities around the world. These companies may provide the APIs to you on behalf of Google and the Terms will also govern your relationship with these companies.

Section 2: Using Our APIs

a. Your End Users

You will require your end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.

b. Compliance with Law, Third Party Rights, and Other Google Terms of Service

You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Google (or its affiliates).

c. Permitted Access

You will only access (or attempt to access) an API by the means described in the documentation of that API. If Google assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.

d. API Limitations

Google sets and enforces limits on your use of the APIs (e.g. limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API. If you would like to use any API beyond these limits, you must obtain Google's express consent (and Google may decline such request or condition acceptance on your agreement to additional terms and/or charges for that use). To seek such approval, contact the relevant Google API team for information (e.g. by using the Google developers console).

e. Open Source Software

Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation. To the limited extent the open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Google for the applicable open source software.

f. Communication with Google

We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication.

g. Feedback

If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.

h. Non-Exclusivity

The Terms are non-exclusive. You acknowledge that Google may develop products or services that may compete with the API Clients or any other products or services.

i. Google Controller-Controller Data Protection Terms

To the extent required by data protection laws applicable to the parties' processing of personal data under these Terms, the parties agree to the Google Controller-Controller Data Protection Terms.

Section 3: Your API Clients

a. API Clients and Monitoring

The APIs are designed to help you enhance your websites and applications ("API Client(s)"). YOU AGREE THAT GOOGLE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE GOOGLE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Google accessing and using your API Client, for example to identify security issues that could affect Google or its users. You will not interfere with this monitoring. Google may use any technical means to overcome such interference. Google may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.

b. Security

You will use commercially reasonable efforts to protect user information collected by your API Client, including personal data, from unauthorized access or use and will promptly report to your users any unauthorized access or use of such information to the extent required by applicable law.

c. Ownership

Google does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.

d. User Privacy and API Clients

You will comply with (1) all applicable privacy laws and regulations including those applying to personal data and (2) the Google API Services User Data Policy, which governs your use of the APIs when you request access to Google user information. You will provide and adhere to a privacy policy for your API Client that clearly and accurately describes to users of your API Client what user information you collect and how you use and share such information (including for advertising) with Google and third parties.

Section 4: Prohibitions and Confidentiality

a. API Prohibitions

When using the APIs, you may not (or allow those acting on your behalf to):

Sublicense an API for use by a third party. Consequently, you will not create an API Client that functions substantially the same as the APIs and offer it for use by third parties.

Perform an action with the intent of introducing to Google products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.

Defame, abuse, harass, stalk, or threaten others.

Interfere with or disrupt the APIs or the servers or networks providing the APIs.

Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.

Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.

Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).

Use the APIs to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.

Remove, obscure, or alter any Google terms of service or any links to or notices of those terms.

Unless otherwise specified in writing by Google, Google does not intend use of the APIs to create obligations under the Health Insurance Portability and Accountability Act, as amended ("HIPAA"), and makes no representations that the APIs satisfy HIPAA requirements. If you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not use the APIs for any purpose or in any manner involving transmitting protected health information to Google unless you have received prior written consent to such use from Google.

b. Confidential Matters

Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.

Our communications to you and our APIs may contain Google confidential information. Google confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Google's prior written consent. Google confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Google confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.

Section 5: Content

a. Content Accessible Through our APIs

Our APIs contain some third party content (such as text, images, videos, audio, or software). This content is the sole responsibility of the person that makes it available. We may sometimes review content to determine whether it is illegal or violates our policies or the Terms, and we may remove or refuse to display content. Finally, content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the API may be restricted, limited, or filtered in accordance with applicable law, regulation, and policy.

b. Submission of Content

Some of our APIs allow the submission of content. Google does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API Client, except as expressly provided in the Terms. For the sole purpose of enabling Google to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Google privacy policies, you give Google a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the license.

c. Retrieval of content

When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.

d. Data Portability

Google supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not also abide by this obligation.

e. Prohibitions on Content

Unless expressly permitted by the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with content returned from the APIs:

Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;

Misrepresent the source or ownership; or

Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

Section 6: Brand Features; Attribution

a. Brand Features

"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Except where expressly stated, the Terms do not grant either party any right, title, or interest in or to the other party's Brand Features. All use by you of Google's Brand Features (including any goodwill associated therewith) will inure to the benefit of Google.

b. Attribution

You agree to display any attribution(s) required by Google as described in the documentation for the API. Google hereby grants to you a nontransferable, nonsublicenseable, nonexclusive license while the Terms are in effect to display Google's Brand Features for the purpose of promoting or advertising that you use the APIs. You must only use the Google Brand Features in accordance with the Terms and for the purpose of fulfilling your obligations under this Section. In using Google's Brand Features, you must follow the Google Brand Features Use Guidelines. You understand and agree that Google has the sole discretion to determine whether your attribution(s) and use of Google's Brand Features are in accordance with the above requirements and guidelines.

c. Publicity

You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Google without Google's prior written approval.

d. Promotional and Marketing Use

In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Google products, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.

Section 7: Privacy and Copyright Protection

a. Google Privacy Policies

By using our APIs, Google may use submitted information in accordance with our privacy policies.

b. Google DMCA Policy

We provide information to help copyright holders manage their intellectual property online, but we can't determine whether something is being used legally or not without their input. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Google's policy about responding to notices in our Help Center.

Section 8: Termination

a. Termination

You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Google with prior written notice and upon termination, cease your use of the applicable APIs. Google reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.

b. Your Obligations Post-Termination

Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Google Brand Features, and delete any cached or stored content that was permitted by the cache header under Section 5. Google may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.

c. Surviving Provisions

When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Sections 4b, 5, 8, 9, and 10.

Section 9: Liability for our APIs

a. WARRANTIES

EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

b. LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

c. Indemnification

Unless prohibited by applicable law, if you are a business, you will defend and indemnify Google, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:

your misuse or your end user's misuse of the APIs;

your violation or your end user's violation of the Terms; or

any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

Section 10: General Provisions

a. Modification

We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Google developers console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified Terms.

b. U.S. Federal Agency Entities

The APIs were developed solely at private expense and are commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

c. General Legal Terms

We each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Google relating to its subject and supersede any prior or contemporaneous agreements on that subject. For information about how to contact Google, please visit our contact page.

Except as set forth below: (i) the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.

If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms or the APIs. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.

If you are accepting the Terms on behalf of a United States city, county, or state government entity, then the following applies instead of the paragraph above: the parties agree to remain silent regarding governing law and venue.

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Google Controller-Controller Data Protection Terms

Google and the other party agreeing to these terms ("Partner") have entered into an agreement for the provision of the Controller Services (as amended from time to time, the "Agreement").

These Google Controller-Controller Data Protection Terms (including its appendix(es), the "Controller Terms") are entered into by Google and Partner and supplement the Agreement. These Controller Terms will be effective, and replace any previously applicable terms relating to their subject matter, from the Terms Effective Date.

If you are accepting these Controller Terms on behalf of Partner, you warrant that: (a) you have full legal authority to bind Partner to these Controller Terms; (b) you have read and understand these Controller Terms; and (c) you agree, on behalf of Partner, to these Controller Terms. If you do not have the legal authority to bind Partner, please do not accept these Controller Terms.

1.Introduction

These Controller Terms reflect the parties' agreement on the processing of certain data in connection with the European Data Protection Legislation and Non-European Data Protection Legislation.

2.Definitions and Interpretation

2.1In these Controller Terms:

"Additional Terms for Non-European Data Protection Legislation" means the additional terms referred to in Appendix 1, which reflect the parties' agreement on the terms governing the processing of certain data in connection with certain Non-European Data Protection Legislation.

"Adequate Country" means:

(a)for data processed subject to the EU GDPR: the EEA, or a country or territory recognized as ensuring adequate data protection under the EU GDPR

(b)for data processed subject to the UK GDPR: the UK, or a country or territory recognized as ensuring adequate data protection under the UK GDPR and the Data Protection Act 2018; and/or

(c)for data processed subject to the Swiss FDPA: Switzerland, or a country or territory that is (i) included in the list of the states whose legislation ensures adequate data protection as published by the Swiss Federal Data Protection and Information Commissioner, or (ii) recognized as ensuring adequate data protection by the Swiss Federal Council under the Swiss FDPA,

in each case, other than on the basis of an optional data protection framework.

"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with, a party.

"Alternative Transfer Solution" means a solution, other than the Controller SCCs, that enables the lawful transfer of personal data to a third country in accordance with the European Data Protection Legislation, for example a data protection framework recognized as ensuring that participating local entities provide adequate protection..

"Controller Data Subject" means a data subject to whom Controller Personal Data relates.

"Controller Personal Data" means any personal data that is processed by a party under the Agreement in connection with its provision or use (as applicable) of the Controller Services.

"Controller SCCs" means the terms at https://business.safety.google/gdprcontrollerterms/sccs/eu-c2c/.

"Controller Services" means the Google products or services that incorporate these Controller Terms by reference in their terms of service or other agreements, including the "Controller Services" listed at business.safety.google/services/.

"EEA" means the European Economic Area.

"End Controller" means, for each party, the ultimate controller of Controller Personal Data.

"EU GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

"European Controller Personal Data" means Controller Personal Data of Controller Data Subjects located in the EEA or Switzerland.

"European Data Protection Legislation" means, as applicable: (a) the GDPR; and/or (b) the Swiss FDPA.

"European Laws" means, as applicable: (a) EU or EU Member State law (if the EU GDPR applies to the processing of Controller Personal Data); and (b) the law of the UK or a part of the UK (if the UK GDPR applies to the processing of Controller Personal Data).

"GDPR" means, as applicable: (a) the EU GDPR; and/or (b) the UK GDPR.

"Google" means the Google Entity that is party to the Agreement.

"Google End Controllers" means the End Controllers of Controller Personal Data processed by Google.

"Google Entity" means Google LLC (formerly known as Google Inc.), Google Ireland Limited, or any other Affiliate of Google LLC.

"Non-European Data Protection Legislation" means data protection or privacy laws in force outside the EEA, Switzerland, and the UK.

"Permitted European Transfers" means the processing of Controller Personal Data in, or the transfer of Controller Personal Data to, an Adequate Country.

"Restricted European Transfer(s)" means transfer(s) of Controller Personal Data that are (a) subject to the European Data Protection Legislation; and (b) not Permitted European Transfers

"Swiss FDPA" means the Federal Data Protection Act of 19 June 1992 (Switzerland).

"Terms Effective Date" means, as applicable:

(a)25 May 2018, if Partner clicked to accept or the parties otherwise agreed to these Controller Terms before or on such date; or

(b)the date on which Partner clicked to accept or the parties otherwise agreed to these Controller Terms, if such date is after 25 May 2018.

"UK Controller Personal Data" means Controller Personal Data of Controller Data Subjects located in the UK.

"UK GDPR" means the EU GDPR as amended and incorporated into UK law under the UK European Union (Withdrawal) Act 2018, and applicable secondary legislation made under that Act.

2.2The terms "controller", "data subject", "personal data", "processing" and "processor" as used in these Controller Terms have the meanings given in the GDPR, and the terms "data importer" and "data exporter" have the meanings given in the Controller SCCs.

2.3The words "include" and "including" mean "including but not limited to". Any examples in these Controller Terms are illustrative and not the sole examples of a particular concept.

2.4Any reference to a legal framework, statute or other legislative enactment is a reference to it as amended or re-enacted from time to time.

2.5To the extent any translated version of these Controller Terms is inconsistent with the English version, the English version will govern.

3.Application of these Controller Terms

3.1Application of European Data Protection Legislation. Sections 4 (Roles and Restrictions on Processing) to 6 (Controller SCCs) (inclusive) will only apply to the extent that the European Data Protection Legislation applies to the processing of Controller Personal Data.

3.2Application to Controller Services. These Controller Terms will only apply to the Controller Services for which the parties agreed to these Controller Terms (for example: (a) the Controller Services for which Partner clicked to accept these Controller Terms; or (b) if the Agreement incorporates these Controller Terms by reference, the Controller Services that are the subject of the Agreement).

3.3Incorporation of Additional Terms for Non-European Data Protection Legislation. The Additional Terms for Non-European Data Protection Legislation supplement these Controller Terms.

4.Roles and Restrictions on Processing

4.1Independent Controllers. Subject to Section 4.3 (End Controllers), each party:

(a)is an independent controller of Controller Personal Data under the European Data Protection Legislation;

(b)will individually determine the purposes and means of its processing of Controller Personal Data; and

(c)will comply with the obligations applicable to it under the European Data Protection Legislation regarding the processing of Controller Personal Data.

4.2Restrictions on Processing. Section 4.1 (Independent Controllers) will not affect any restrictions on either party's rights to use or otherwise process Controller Personal Data under the Agreement.

4.3End Controllers. Without reducing either party's obligations under these Controller Terms, each party acknowledges that: (a) the other party's Affiliates or clients may be End Controllers; and (b) the other party may act as a processor on behalf of its End Controllers. The Google End Controllers are: (i) for European Controller Personal Data processed by Google, Google Ireland Limited and, where the Agreement is with a different Google Affiliate, that Affiliate will be the Google End Controller responsible for processing European Controller Personal Data in connection with billing for the Controller Services only (collectively, the "European End Controller(s)"); and (ii) for UK Controller Personal Data processed by Google, Google LLC. Each party will ensure that its End Controllers comply with the Controller Terms, including (where applicable) the Controller SCCs.

5.Data Transfers

5.1Restricted European Transfers. Either party may make Restricted European Transfer if it complies with the provisions on Restricted European Transfers in the European Data Protection Legislation.

5.2Alternative Transfer Solution. (a) If Google announces its adoption of an Alternative Transfer Solution for any Restricted European Transfers, then: (i) Google will ensure that such Restricted European Transfers are made in accordance with that Alternative Transfer Solution; and (ii) Section 6 (Controller SCCs) will not apply to such Restricted European Transfers. (b) If Google has not adopted, or has informed Partner that Google is no longer adopting, an Alternative Transfer Solution for any Restricted European Transfers, then Section 6 (Controller SCCs) will apply to such Restricted European Transfers.

6.Controller SCCs

6.1Transfers of European Controller Personal Data to Partner. To the extent that:

(a)Google transfers European Controller Personal Data to Partner, and

(b)the transfer is a Restricted European Transfer,

the parties will be deemed to have entered into the Controller SCCs for such transfers, with Partner as data importer and Google Ireland Limited (the applicable Google End Controller) as data exporter, unless otherwise specified in the Agreement.

6.2Transfers of UK Controller Personal Data to Partner. To the extent that:

(a)Google transfers UK Controller Personal Data to Partner, and

(b)the transfer is a Restricted European Transfer,

the parties will be deemed to have entered into the Controller SCCs for such transfers, with Partner as data importer and Google LLC (the applicable Google End Controller) as data exporter.

6.3Transfers of European Controller Personal Data to Google. The parties acknowledge that to the extent that Partner transfers European Controller Personal Data to Google, the Controller SCCs are not required if the address of the Google End Controller is in an Adequate Country (for example, if the Google End Controller is Google Ireland Limited). This does not affect Google's obligations under Section 5.1 (Restricted European Transfers).

6.4Transfers of UK Controller Personal Data to Google. To the extent that Partner transfers UK Controller Personal Data to Google, the parties will be deemed to have entered into the Controller SCCs for such transfers, with Partner as data exporter and Google LLC (the applicable Google End Controller) as data importer, because Google LLC's address is not in an Adequate Country.

6.5Contacting Google; Partner Information.

(a)Partner may contact Google Ireland Limited and/or Google LLC in connection with the Controller SCCs at legal-notices@google.com or through such other means as may be provided by Google from time to time,

(b)Partner acknowledges that Google is required under the Controller SCCs to record certain information, including (i) the identity and contact details of the data importer (including any contact person with responsibility for data protection); and (ii) the technical and organisational measures implemented by the data importer. Accordingly, Partner will provide such information as requested by Google, and will ensure that such information is kept accurate and up-to-date.

6.6Responding to Data Subject Enquiries. The applicable data importer will be responsible for responding to enquiries from data subjects and the supervisory authority concerning the processing of applicable Controller Personal Data by the data importer.

6.7Data Deletion on Termination. To the extent that:

(a)Google LLC acts as data importer and Partner acts as data exporter under the Controller SCCs; and

(b)Partner terminates the Agreement in accordance with Clause 16(c) of the Controller SCCs, then for the purposes of Clause 16(d) of the Controller SCCs, Partner directs Google to delete Controller Personal Data, and, unless European Laws require storage, Google will facilitate such deletion as soon as is reasonably practicable, to the extent such deletion is reasonably possible (taking into account that Google is an independent controller of such data, as well as the nature and functionality of the Controller Services).

7.Liability

7.1Liability Cap. If the Agreement is governed by the laws of:

(a)a state of the United States of America, then, regardless of anything else in the Agreement, the total liability of either party towards the other party under or in connection with these Controller Terms will be limited to the maximum monetary or payment-based amount at which that party's liability is capped under the Agreement (and therefore any exclusion of indemnification claims from the Agreement's limitation of liability will not apply to indemnification claims under the Agreement relating to the European Data Protection Legislation or the Non-European Data Protection Legislation); or

(b)a jurisdiction that is not a state of the United States of America, then the liability of the parties under or in connection with these Controller Terms will be subject to the exclusions and limitations of liability in the Agreement.

7.2Liability if the Controller SCCs Apply. If the Controller SCCs apply under Section 6 (Controller SCCs), then the total combined liability of each party and its Affiliates towards the other party and its Affiliates under or in connection with the Agreement and the Controller SCCs combined will be subject to Section 7.1 (Liability Cap). Clause 12 of the Controller SCCs will not affect the previous sentence.

8.Third-Party Beneficiaries

If a party's Affiliate is a party to the Controller SCCs that apply under Section 6 (Controller SCCs), then that Affiliate will be a third-party beneficiary of Sections 4.3 (End Controllers), 6 (Controller SCCs), and 7.2 (Liability if the Controller SCCs Apply). To the extent this Section 8 (Third-Party Beneficiaries) conflicts or is inconsistent with any other clause in the Agreement, this Section 8 (Third-Party Beneficiaries) will apply.

9.Effect of Controller Terms

9.1Order of Precedence. If there is any conflict or inconsistency between the Controller SCCs, the Additional Terms for Non-European Data Protection Legislation, and the remainder of these Controller Terms and/or the remainder of the Agreement then, subject to Sections 4.2 (Restrictions on Processing) and 9.4 (No Effect on Processor Terms), the following order of precedence will apply:

(a)the Controller SCCs (if applicable);

(b)the Additional Terms for Non-European Data Protection Legislation (if applicable);

(c)the remainder of these Controller Terms; and

(d)the remainder of the Agreement.

9.2Additional Commercial Clauses. Subject to the amendments in these Controller Terms, the Agreement remains in full force and effect. Sections 6.5 (Contacting Google; Partner Information) to 6.7 (Data Deletion on Termination), and Section 7.2 (Liability if Controller SCCs Apply) are additional commercial clauses relating to the Controller SCCs as permitted by Clause 2(a) (Effect and invariability of the Clauses) of the Controller SCCs

9.3No Modification of Controller SCCs. Nothing in the Agreement (including these Controller Terms) is intended to modify or contradict any Controller SCCs or prejudice the fundamental rights or freedoms of data subjects under the European Data Protection Legislation.

9.4No Effect on Processor Terms. These Controller Terms will not affect any separate terms between Google and Partner reflecting a controller-processor, processor-processor, or processor-controller relationship for a service other than the Controller Services.

9.5Legacy UK SCCs. As of 22 September 2022 or the Agreement's effective date, whichever is later, the Controller SCCs' supplementary terms for UK GDPR transfers will apply, and will supersede and terminate any standard contractual clauses approved under the UK GDPR and the Data Protection Act 2018 and previously entered into by Partner and Google ("Legacy UK SCCs"). This Section 9.5 (Legacy UK SCCs) will not affect either party's rights, or any data subject's rights, that may have accrued under the Legacy UK SCCs while they were in force.

10.Changes to these Controller Terms

10.1Changes to Controller Services in Scope. Google may only change the list of potential Controller Services at business.safety.google/services/:

(a)to reflect a change to the name of a service;

(b)to add a new service; or

(c)to remove a service (or feature of a service) where either: (i) all contracts for the provision of that service are terminated; (ii) Google has Partner's consent; or (iii) the service, or a certain feature of the service, has been recategorised as a processor service.

10.2Changes to Controller Terms. Google may change these Controller Terms if the change:

(a)is as described in Section 10.1 (Changes to Controller Services in Scope);

(b)is required to comply with applicable law, applicable regulation, a court order, or guidance issued by a governmental regulator or agency, or reflects Google's adoption of an Alternative Transfer Solution; or

(c)does not otherwise: (i) seek to alter the categorisation of the parties as controllers of Controller Personal Data under the European Data Protection Legislation; (ii) expand the scope of, or remove any restrictions on, either party's rights to use or otherwise process (x) in the case of the Additional Terms for Non-European Data Protection Legislation, the data in scope of the Additional Terms for Non-European Data Protection Legislation or (y) in the case of the remainder of these Controller Terms, Controller Personal Data; or (iii) have a material adverse impact on Partner, as reasonably determined by Google.

10.3Notification of Changes. If Google intends to change these Controller Terms under Section 10.2(b) and such change will have a material adverse impact on Partner, as reasonably determined by Google, then Google will use commercially reasonable efforts to inform Partner at least 30 days (or such shorter period as may be required to comply with applicable law, applicable regulation, a court order, or guidance issued by a governmental regulator or agency) before the change will take effect. If Partner objects to any such change, Partner may terminate the Agreement by giving written notice to Google within 90 days of being informed by Google of the change.

Appendix 1: Additional Terms for Non-European Data Protection Legislation

The following Additional Terms for Non-European Data Protection Legislation supplement these Controller Terms:

CCPA Addendum at business.safety.google/controllerterms/ccpa/ (dated 27 August 2020)

LGPD Controller Addendum at business.safety.google/controllerterms/lgpd/ (dated 27 August 2020)

Google Controller-Controller Data Protection Terms, Version 4.0

22 September 2022

============================================

Google API Services User Data Policy

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Last updated August 22, 2022

Google API Services, including Google Sign-In, are part of an authentication and authorization framework that gives you, the developer, the ability to connect directly with Google users when you would like to request access to Google user data. The policy below, as well as the Google APIs Terms of Service, govern the use of Google API Services when you request access to Google user data. Please check back from time to time as these policies are occasionally updated.

Accurately represent your identity and intent

If you wish to access Google user data you must provide Google users and Google with clear and accurate information regarding your use of Google API Services. This includes, without limitation, requirements to accurately represent:

Who is requesting Google user data? All permission requests must accurately represent the identity of the application that seeks access to user data. If you have obtained authorized client credentials to access Google API Services, keep these credentials confidential.

What data are you requesting? You must provide clear and accurate information explaining the types of data being requested. In addition, if you plan to access or use a type of user data that was not originally disclosed in your privacy policy (or in-product disclosures) when a Google user initially authorized access, you must update your privacy policy and prompt the user to consent to any changes before you may access that data.

Why are you requesting Google user data? Be honest and transparent with users when you explain the purpose for which your application requests user data. If your application requests data for one reason but the data will also be utilized for a secondary purpose, you must notify Google users of both use cases. As a general matter, users should be able to readily understand the value of providing the data that your application requests, as well as the consequences of sharing that data with your application.

Be transparent about the data you access with clear and prominent privacy disclosures

You must publish a privacy policy that fully documents how your application interacts with user data. You must list the privacy policy URL in your OAuth client configuration when your application is made available to the public.

Your Privacy Policy and all in-product privacy notifications should be accurate, comprehensive, and easily accessible. Your privacy policy and in-product privacy notifications must thoroughly disclose the manner in which your application accesses, uses, stores, or shares Google user data. Your use of Google user data must be limited to the practices explicitly disclosed in your published privacy policy, but you should consider the use of additional in- product notifications to ensure that users understand how your application will handle user data. If you change the way your application uses Google user data, you must notify users and prompt them to consent to an updated privacy policy before you make use of Google user data in a new way or for a different purpose than originally disclosed.

Disclosures about data use should be prominent and timely. Your privacy policy and any in-product notifications regarding data use should be prominently displayed in your application interface so that users can find this information easily. Where possible, disclosures about data use should be timely and shown in context.

Request the minimum relevant permissions

Permission requests should make sense to users, and should be limited to the critical information necessary to implement your application.

Don't request access to information that you don't need. Only request access to the permissions necessary to implement your application's features or services. If your application does not require access to specific permissions, then you must not request access to these permissions. Don't attempt to "future proof" your access to user data by requesting access to information that might benefit services or features that have not yet been implemented.

Request permissions in context where possible. Only request access to user data in context (via incremental auth) whenever you can, so that users understand why you need the data.

Deceptive or unauthorized use of Google API Services is prohibited

You are strictly prohibited from engaging in any activity that may deceive users or Google about your use of Google API Services. This includes without limitation the following requirements:

Do not misrepresent what data is collected or what you do with Google user data. Be up front with users so that they can make an informed decision to grant authorization. You must disclose all user data that you access, use, store, delete, or share, as well as any actions you take on a user's behalf.

You are not permitted to access, aggregate, or analyze Google user data if the data will be displayed, sold, or otherwise distributed to a third party conducting surveillance.

Overall there should be no surprises for Google users: hidden features, services, or actions that are inconsistent with the marketed purpose of your application may lead Google to suspend your ability to access Google API Services.

Do not mislead Google about an application's operating environment. You must accurately represent the environment in which the authentication page appears. For example, don't claim to be an Android application in the user agent header if your application is running on iOS, or represent that your application's authentication page is rendered in a desktop browser if instead the authentication page is rendered in an embedded web view.

Do not use undocumented APIs without express permission. Don't reverse engineer undocumented Google API Services or otherwise attempt to derive or use the underlying source code of undocumented Google API Services. You may only access data from Google API Services according to the means stipulated in the official documentation of that API Service, as provided on Google's Developer Page.

Do not make false or misleading statements about any entities that have allegedly authorized or managed your application. You must accurately represent the company, organization, or other authority that manages your application. Making false representations about client credentials to Google or Google users is grounds for suspension.

Child-directed apps

The Children's Online Privacy Protection Act, or COPPA, applies to websites, apps, and services directed to children under the age of 13 and general audience apps, websites, or services with users known to be under the age of 13. While child-directed apps may use some Google services, developers are responsible for using these services according to their obligations under the law. Please review the FTC's guidance on COPPA (including information about the differences between mixed audience apps and apps directed primarily to children from the FTC's website) and consult with your own legal counsel.

Child-directed apps: If your application is directed primarily at children, it should not use Google Sign-In or any other Google API Service that accesses data associated with a Google Account. This restriction includes Google Play Games Services and any other Google API Service using the OAuth technology for authentication and authorization.

Mixed audience apps: Applications that are mixed audience shouldn't require users to sign in to a Google Account, but can offer, for example, Google Sign-In or Google Play Games Services as an optional feature. In these cases, users must be able to access the application in its entirety without signing into a Google Account.

Maintain a secure operating environment

We expect all user data is secure in transit and at rest. Take reasonable and appropriate steps to protect all applications or systems that make use of Google API Service and any data derived from it against unauthorized or unlawful access, use, destruction, loss, alteration, or disclosure.

Additional Requirements for Specific API Scopes

Certain Google OAuth API Scopes (the "Sensitive and Restricted Scopes") are subject to additional requirements that can be found in each product's User Data and Developer Policy or the Google Developer Page. More information about the requirements to obtain (or keep) access to these scopes is also available in the OAuth Application Verification FAQ.

Note: If your app is only used by users within your own domain, then these requirements do not apply. Google Workspace can control access to connected applications via allowlisting. Learn more about best practices for managing your enterprise OAuth ecosystem.

Additional requirements include:

Appropriate Access: Developers may only request access to the scopes for a permitted Application Type described by the product. Such application types can be found under an Appropriate Access heading in the product specific policy or the product's Google Developer Page.

Limited Use: Your use of data obtained via the product's specified scopes must comply with the below requirements. These requirements apply to the raw data obtained from the scopes and data aggregated, anonymized, or derived from them.

Limit your use of data to providing or improving user-facing features that are prominent in the requesting application's user interface;

Transfers of data are not allowed, except:

To provide or improve your appropriate access or user-facing features that are visible and prominent in the requesting application's user interface and only with the user's consent;

For security purposes (for example, investigating abuse);

To comply with applicable laws; or,

As part of a merger, acquisition, or sale of assets of the developer after obtaining explicit prior consent from the user.

Don't allow humans to read the data, unless:

You first obtained the user's affirmative agreement to view specific messages, files, or other data, with the limited exception of use cases approved by Google under additional terms applicable to the Nest Device Access program;

It is necessary for security purposes (for example, investigating a bug or abuse);

It is necessary to comply with applicable law; or

The data (including derivations) is aggregated and used for internal operations in accordance with applicable privacy and other jurisdictional legal requirements.

All other transfers, uses, or sales of user data are prohibited, including:

Transferring or selling user data to third parties like advertising platforms, data brokers, or any information resellers.

Transferring, selling, or using user data for serving ads, including retargeting, personalized or interest-based advertising.

Transferring, selling, or using user data to determine credit-worthiness or for lending purposes.

You must ensure that your employees, agents, contractors, and successors comply with this Google API Services User Data Policy.

Secure Data Handling: Applications accessing the product specified scopes (the "Sensitive and Restricted Scopes") must demonstrate that they adhere to certain security practices. Depending on the API being accessed and number of user grants or users, applications must pass an annual security assessment and obtain a Letter of Assessment from a Google-designated third party. More information about the assessment requirements to obtain or keep access to the scopes is also available in the OAuth Application Verification FAQ and the product's Google Developer Page.

Enforcement

You must access Google API Services in accordance with the Google APIs Terms of Service. If you are found to be out of compliance with the Google APIs Terms of Service, this Google API Services: User Data Policy, or any Google product policies that are applicable to the Google API Service you are using, Google may revoke or suspend your access to Google API Services and other Google products and services if you are found in violation of other product policies, terms of service, or other guidelines. Your access to Google API Services may also be revoked if your application enables end-users or other parties to violate the Google APIs Terms of Service and/or Google policies.

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Licensed under the Apache License, Version 2.0 (the "License");

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See the License for the specific language governing permissions and

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