Service Specific Terms

General Definitions.

“Cloud Data Processing Addendum” (formerly referred to as the Data Processing and Security Terms) has the meaning given in the Agreement or, if no such meaning is given, means the then-current terms describing data processing and security obligations with respect to Customer Data at https://cloud.google.com/terms/data-processing-addendum.

“Documentation” means the then-current Services and / or Software documentation at https://cloud.google.com/docs/.

“Fees URL” means https://cloud.google.com/skus.

“Scope of Use” means any limits on installation or usage of Services or Software described at the Fees URL, Admin Console, Documentation, order form, or otherwise presented by Google.

1. Data Location.

a. Additional Definitions.

“Cloud Locations Page” means https://cloud.google.com/about/locations/.

“Multi-Region” means a defined set of Regions.

“Region” means a region from which a particular Service is offered, as identified at the Cloud Locations Page.

b. Applicable Terms. For any Service listed at https://cloud.google.com/terms/data-residency, Customer may select a specific Region or Multi-Region as detailed in the Cloud Locations Page, and Google will store Customer Data for that Service at rest only within the selected Region or Multi-Region. Google may replicate that Customer Data within any other Region located within the country of the selected Region or within the country or countries of the selected Multi-Region (as applicable) for backup, reliability, debugging, support, maintenance, or security purposes. The Services do not limit the locations from which Customer or Customer End Users may access Customer Data or to which they may move Customer Data. For clarity, Customer Data does not include resource identifiers, attributes, or other data labels. Additional terms regarding configuration of specific Services are in the following sections under “Service Terms”:

(i) AI/ML Data Location; and

(ii) Assured Workloads Data Location.

Services that do not store Customer Data at-rest or process Customer Data in use are also listed on https://cloud.google.com/terms/data-residency.

2. Operations of Communications Services. Notwithstanding any telecommunications restrictions in the Agreement, Customer may use the Services for hosting capacity in connection with Customer’s provision of telecommunications services if (a) Customer obtains, maintains, and complies with all necessary regulatory licenses, registrations or other applicable requirements relating to such telecommunications services, and (b) Customer does not use or resell the Services to provide telecommunications connectivity, including for virtual private network services, network transport, or voice or data transmission.

3. General Software Terms. The following terms apply to all Software:

a. License. Google grants Customer a royalty-free (unless otherwise stated by Google), non-exclusive, non-sublicensable, non-transferable license during the Term to reproduce and use the Software ordered by Customer on systems owned, operated, or managed by or on behalf of Customer in accordance with (i) the Agreement, and (ii) if applicable, the Scope of Use. Customer may authorize its and its Affiliates' employees, agents, and subcontractors (collectively, “Software Users”) to use the Software in accordance with this subsection. Customer may make a reasonable number of copies of the Software for back-up and archival purposes. For clarity, Software does not constitute Services.

b. Compliance With Scope of Use. Within 30 days of Google's reasonable written request, Customer will provide a detailed written report describing its usage in accordance with the applicable Scope of Use of each Software product used by Customer and its Software Users during the requested period. If requested, Customer will provide reasonable assistance and access to information to verify the accuracy of Customer’s Software usage report(s).

c. Other Warranties and Compliance. Each party represents and warrants that it will comply with all laws applicable to its provision or use of the Software. Customer will: (i) ensure that Customer and its Software Users' use of the Software complies with the Agreement (including the Scope of Use) and the restrictions in the Agreement applying to Customer's use of the Services; (ii) use commercially reasonable efforts to prevent and terminate any unauthorized access to or use of the Software; and (iii) promptly notify Google of any unauthorized access to or use of the Software of which Customer becomes aware.

d. Open Source or Third Party Terms. If the Software contains open source or third-party components, those components may be subject to separate license agreements, which Google will make available to Customer. Customer is solely responsible for complying with the terms of any third parties from which Customer elects to migrate its workloads onto the Services, and represents and warrants that such third-party sources permit the use of Software to migrate applications away from such sources.

e. Termination. On termination or expiration of the Agreement, Customer will stop using all Software and delete all copies.

4. Premium Software Terms. The following terms apply only to Premium Software:

a. Introduction. Google makes certain Software available under the Agreement described as “Premium Software” at https://cloud.google.com/terms/services (“Premium Software”). Customer will pay applicable Fees for any Premium Software it obtains as described at the Fees URL. Premium Software is Google’s Confidential Information.

b. Software Warranty.

(i) Google warrants to Customer that for one year from its delivery, Premium Software will perform in material conformance with the applicable Documentation. This warranty will not apply if (A) Customer does not notify Google of the non-conformity within 30 days after Customer first discovers it, (B) Customer modifies Premium Software or uses it in violation of the Agreement, or (C) the non-conformity is caused by any third-party hardware, software, services, or other offerings or materials, in each case not provided by Google.

(ii) If Google breaches this warranty, then Google will, in its discretion, repair or replace the impacted Premium Software at no additional charge. If Google does not believe that repairing or replacing would be commercially reasonable, then Google will notify Customer and (A) Customer will immediately cease use of the impacted Premium Software and (B) Google will refund or credit any prepaid amounts for the impacted Premium Software and Customer will be relieved of any then-current commitment to pay for future use of the impacted Premium Software. Without limiting the parties’ termination rights, this subsection states Customer’s sole remedy for Google’s breach of the warranty in this Section (Software Warranty).

c. Software Indemnification. Google’s Intellectual Property Rights infringement indemnity obligations under the Agreement apply to Premium Software, and Customer’s indemnity obligations under the Agreement with respect to Customer’s use of the Services apply to Customer’s use of Premium Software. In addition to any other indemnity exclusions in the Agreement, Google’s indemnity obligations will not apply to the extent the underlying allegation arises from modifications to Premium Software not made by Google or use of versions of Premium Software that are no longer supported by Google.

d. Technical Support. Unless otherwise specified by Google, Google will make TSS available for Premium Software, in accordance with the TSS Guidelines, for an additional charge.

e. Compliance. Premium Software may transmit to Google metering information reasonably necessary to verify that use of the Premium Software complies with the Scope of Use. Customer will not disable or interfere with the transmission of such metering information.

f. Updates and Maintenance. During the Term, Google will make available to Customer copies of all current versions, updates, and upgrades of Premium Software, promptly upon general availability, as described in the Documentation. Unless otherwise stated in the Documentation, Google will maintain the current release of Premium Software and the two versions immediately preceding the current release, including by providing reasonable bug fixes and security patches. Maintenance for any Premium Software may be discontinued with one year’s notice from Google, except Google may eliminate maintenance for a version and require upgrading to a maintained version to address a material security risk or when reasonably necessary to avoid an infringement claim or comply with applicable law.

5. Pre-GA Offerings Terms.

a. Introduction. Google may make available to Customer pre-general availability Google Cloud Platform features, models, services or software that are either not yet listed at https://cloud.google.com/terms/services or identified as “Early Access,” “Alpha,” “Beta,” “Preview,” “Experimental,” or a similar designation in related documentation or materials (collectively, “Pre-GA Offerings”). Customer's access to and use of any Pre-GA Offering is subject to any applicable Scope of Use. While Pre-GA Offerings are not Services or Software, Customer’s use of Pre-GA Offerings is subject to the terms of the Agreement applicable to Services (or Software, if applicable), as amended by this Section (Pre-GA Offerings Terms).

b. Disclaimer. PRE-GA OFFERINGS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. Pre-GA Offerings (i) may be changed, suspended or discontinued at any time without prior notice to Customer and (ii) are not covered by any SLA or Google indemnity. Except as otherwise expressly indicated in a written notice or Google documentation, (A) Pre-GA Offerings are not covered by TSS, and (B) the Data Location Section above will not apply to Pre-GA Offerings.

c. Liability. Notwithstanding anything to the contrary in any other limitation of liability Section in the Agreement,with respect to Pre-GA Offerings, Google will not be liable for any amounts in excess of the lesser of (i) the limitation on the amount of liability stated in the Agreement or (ii) $25,000. Nothing in the preceding sentence will affect any exclusions from any limitation of liability in the Agreement with respect to the following: (A) death or personal injury resulting from negligence, (B) fraud or fraudulent misrepresentation, (C) infringement of the other party’s Intellectual Property Rights, or (D) matters for which liability cannot be excluded or limited under applicable law.

d. Data Processing. Except as otherwise expressly indicated in a written notice or Google documentation, no data processing terms (including the Cloud Data Processing Addendum) apply to Pre-GA Offerings and Customer should not use Pre-GA Offerings to process personal data or other data subject to legal or regulatory compliance requirements.

e. Termination. Either party may terminate Customer's use of a Pre-GA Offering at any time with written notice to the other party.

f. EU Data Act Exclusion. Google has no obligations under Chapter VI of the EU Data Act or the EU Data Act Terms below in respect of Pre-GA Offerings.

6. Google-Managed Multi-Cloud.

a. Introduction. The then-current services described as “Google-Managed Multi-Cloud Services” at https://cloud.google.com/terms/services ("Google-Managed MCS") are Google services, products and features that are hosted on the infrastructure of a third party cloud provider (“MCS Third-Party Provider”). While the Google-Managed MCS are not Services or Software, Customer’s use of the Google-Managed MCS is subject to the terms of the Agreement applicable to Services (or Software, if applicable), as amended by this Section (Google-Managed Multi-Cloud).

b. Admin Console. The Google-Managed MCS may not be available through the Admin Console. 

c. MCS Third-Party Provider Relationship. 

(i) To make use of the Google-Managed MCS, Customer must maintain an independent agreement, account and billing relationship with the applicable MCS Third-Party Provider. The Agreement does not obligate Google or the MCS Third-Party Provider to provide the MCS Third-Party Provider’s services that are necessary for the Customer to use the Google-Managed MCS. 

(ii) If the MCS Third-Party Provider makes a change to its services or terms, and Google reasonably concludes that its provision of the Google-Managed MCS is no longer commercially feasible as a result of the change, Google may immediately Suspend all or part of Customer's use of the impacted Google-Managed MCS, or make any other discontinuance or backwards-incompatible change necessary to continue to provide the Google-Managed MCS. To the extent Google may Suspend or modify the Google-Managed MCS as set forth in this Section, the Google-Managed MCS are not subject to the Sections of the Agreement covering discontinuance and backwards-incompatible changes.

d. Liability. Notwithstanding anything to the contrary in the Agreement (except subject to any unlimited liabilities expressly stated in the Agreement), to the maximum extent permitted by law, each party’s total aggregate Liability for damages arising out of or relating to the Google-Managed MCS is limited to the greater of (i) the Fees Customer paid for the Google-Managed MCS during the 12-month period before the event giving rise to liability and (ii) $25,000.

e. Disclaimer. Notwithstanding anything to the contrary in the Agreement, the Google-Managed MCS are not (i) covered by any SLA, unless specifically identified under the terms of the SLA, (ii) subject to any obligations for Google to provide termination or transition assistance or other technical assistance after Suspension or termination, and (iii) subject to any business continuity or disaster recovery commitments.

7. Benchmarking. Customer may conduct benchmark tests of the Services (each a “Test”). Customer may only publicly disclose the results of such Tests if (a) the public disclosure includes all necessary information to replicate the Tests, and (b) Customer allows Google to conduct benchmark tests of Customer's publicly available products or services and publicly disclose the results of such tests. Notwithstanding the foregoing, Customer may not do either of the following on behalf of a hyperscale public cloud provider without Google's prior written consent: (i) conduct (directly or through a third party) any Test or (ii) disclose the results of any such Test.

8. Trials. Certain Services may be made available to Customer on a trial basis subject to parameters and any Scope of Use, as presented in a Fees URL, Admin Console, Documentation, or otherwise. Use of a trial indicates Customer’s acceptance of any such parameters.

9. User Experience Research. If Customer enrolls in the Google Cloud User Experience Research Program for Google Cloud Platform, Customer’s participation will be subject to the Google Cloud User Experience Research Panel Addendum available at https://cloud.google.com/terms/user-experience-research or a successor URL.

10. PGSSI-S. Customer will comply with France's General Security Policy for Health Information Systems (PGSSI-S) to the extent applicable.

11. APIs and non-Google cloud services. Certain APIs and non-Google cloud services accessible through the Admin Console have separate terms or privacy policies. Notwithstanding any reference to the Google Cloud Terms of Service or the Google Cloud Privacy Notice in the Admin Console, the API-specific terms and privacy policies will apply to Customer’s use of those APIs or services.

12. Resource Fields Data. Data included in Project Name, Project ID, or other resource fields do not constitute Customer Data. Do not include confidential, sensitive, or personally identifiable information in these fields.

13. Google Maps Content. Certain Services may incorporate features and content from Google Maps (“Google Maps Content”). If Customer provides its Google Maps Platform credentials to enable a Service to access Google Maps Content, such use or access is subject to the agreement under which Google has agreed to provide Google Maps Platform to Customer. Otherwise, Customer agrees that its use of or access to such Google Maps Content is subject to the then-current versions of the: (a) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (b) Google Privacy Policy at