The following terms apply only to the Service(s) indicated in the Section title.
Compute
1. App Engine - Data Location. Customer may configure App Engine to store Customer Data in the United States or European Union, and Google will store that Customer Data at rest only in that location. The Service does 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.
2. Google Cloud VMware Engine (GCVE).
a. Definitions. For the purposes of this Section:
“CA Software” means certain third-party software underlying GCVE, which includes VMware Cloud Foundation (VCF) software (for the oidance of doubt, CA Software is not “Software” as defined in the Agreement); and
“CA, Inc.” means CA, Inc. (the entity that licenses the CA Software), its applicable affiliate (such as Broadcom or VMware), or a successor entity to either of the foregoing.
b. Customer Security Obligations. Google may not he access to Customer's VMware environment or be able to encrypt personal data in Customer's VMware environment.
c. Usage Reporting. Google may send certain information including usage metrics, location, and Customer’s status as a GCVE customer to CA, Inc. This information will not include Customer Data.
d. Service Restrictions. Customer agrees to comply with all of the terms and conditions listed in https://cloud.google.com/vmware-engine/docs or a successor URL (as such terms and conditions may be updated by Google from time to time), including in the linked “Product Restrictions” page.
e. CA Software. In the course of using GCVE, Customer may he access to copies of the CA Software. Customer agrees that Customer will maintain the appropriate entitlements to use the CA Software (e.g., licenses from CA, Inc. to use the CA Software outside of GCVE).
f. Licensing Portability Customers. If Customer is using a GCVE SKU that supports CA Software licensing portability (as described in the Documentation), then Customer will (i) purchase an entitlement to the CA Software from CA, Inc. or a reseller of CA, Inc., and (ii) comply with all applicable sections of its agreement governing such purchase. Customer acknowledges and agrees that if Customer purchases such entitlements, then Google may restrict Customer’s access to GCVE upon instruction from CA, Inc., in which case (A) Google will he no liability to Customer (including no responsibility to return pre-paid Fees) for such restrictions and (B) Customer will still be responsible for all GCVE financial commitments.
g. Prepaid 3-Year Committed Units. Partners purchasing prepaid 3-year Committed Unit(s) (as defined in “Pricing and Billing Terms” below) for GCVE on or after July 18, 2024 may not use those Committed Unit(s) to make any multi-tenant CA, Inc. interfaces ailable to multiple customers.
h. Aria Suite. If Customer is using the “Aria Suite” in a self-managed capacity as part of Customer’s use of GCVE, Customer acknowledges and agrees that installation, configuration, maintenance, and security patching for the Aria Suite is Customer’s sole responsibility. Customer will ensure that the environment is maintained and patched in a timely manner after receiving patches and other updates from Google, including from a security standpoint (e.g., critical security patches). Further, Customer will enable Google to provide the support required for any use of Aria Suite. Google will not be responsible for any liability that ensues from Customer’s failure to comply with this Section.
i. VMware Cloud Universal Program (“VMware Universal”). VMware, Inc. (“VMware”) and VMware partners sell credits through VMware Universal that may be applied towards GCVE in accordance with Customer’s agreement with VMware. Customer’s purchase and use of GCVE through VMware Universal is subject to the Agreement and the following terms.
(i) The Agreement’s payment terms will not apply, and all fees will be payable to VMware and determined solely between VMware and Customer.
(ii) Data Sharing with VMware.
(A) Google may share with VMware information regarding Customer’s use of GCVE and Google Cloud Platform.
(B) Customer acknowledges that, to the extent Customer provides any data to VMware in connection with GCVE, VMware may share such data with Google to the extent reasonably required to provide GCVE (including technical support) and administer VMware Universal.
(C) If Customer brings a claim under the Agreement related to GCVE, Customer acknowledges that VMware may disclose to Google the fees or other amounts paid or payable by Customer to VMware for GCVE, and any other terms of the agreement between Customer and VMware regarding GCVE or either party’s performance under that agreement.
(iii) Remedies. Customer will seek any applicable SLA credits and monetary remedies described in the Agreement from VMware (and will not do so from Google).
(iv) Support. Google will provide technical support to Customer in accordance with the Agreement. Support fees for GCVE may be charged by VMware to Customer.
(v) Financial Commitments. If Customer has made financial commitments in an Order Form or addendum to the Agreement, then Google may apply Customer's GCVE consumption (at a rate determined by Google), or a portion of the applicable fees Google receives from VMware, to those commitments.
j. Termination. Customer agrees that if Customer materially breaches either (i) this Section or (ii) any other provision of the Agreement with respect to GCVE, then Google may, at its discretion, opt to exercise its “Termination for Breach” or “Termination for Cause” right under the Agreement with respect to GCVE only, in which case Customer may no longer access GCVE but may still access other Services.
3. BigQuery.
a. ODBC/JDBC Drivers. The ODBC and JDBC drivers for BigQuery (described here) are “Software” as defined in the Agreement and their use is subject to the “General Software Terms.” These drivers may only be used with BigQuery.
b. Sharing (Analytics Hub)
(i) Introduction. Sharing in BigQuery (formerly known as Analytics Hub) helps customers publish and share sets of Customer Data (“Datasets”) with other BigQuery customers as subscribers. Datasets are organized into shared repositories (“Exchanges”) with each Dataset’s listings including additional listing information (“Listing Materials”) managed by the administrator of that Exchange (“Exchange Administrator”).
(ii) Exchange Administrators. When acting as an Exchange Administrator: (A) Customer Listing Materials are considered Customer Data and (B) Customer is responsible for any Datasets listed in its Exchange, including handling takedown requests and securing necessary rights and consents.
(iii) Disclaimer. Google is not responsible for and will he no liability for (A) any terms or relationships between Customer and any third party or (B) any Datasets.
4. Looker Studio.
This Agreement only applies to (a) Looker Studio Pro or (b) Looker Studio if Customer has selected it to govern in the Admin Console.
5. Google Earth Engine.
a. Non-Commercial Use. Use of the free, non-commercial / research activities edition of Google Earth Engine is subject to the terms at https://earthengine.google.com/terms/ or a successor URL, which may be updated by Google periodically.
b. Incorporation into Applications. Customer may not allow End Users of Customer’s Applications to directly access or interact with the Google Earth Engine APIs unless those End Users he their own Google Cloud Platform Accounts and he access to Google Earth Engine from those Accounts.
6. Compute Engine.
a. Future Reservations. Customer may request a future reservation, as described at https://cloud.google.com/compute/docs/future-reservations (or a successor URL), by following the instructions at that URL. Google will determine in its sole discretion whether to approve each future reservation request, and approval will not be unreasonably withheld or delayed. Reserved VMs may not be transferred or shared amongst multiple customers by Customer (if the Customer is a reseller or supplier of Google Cloud Platform).
Networking
7. Cloud Interconnect
a. Partner Interconnect. Customer will independently engage a network service provider who has agreed with Google to supply connectivity between Customer and Google under Google’s partner terms for Partner Interconnect. Google is not responsible for any issues arising outside of Google’s network.
b. Cross-Site Interconnect (CSI). Notwithstanding any telecommunications restrictions in the Agreement, Customer may use CSI only in the countries listed at https://cloud.google.com/network-connectivity/docs/interconnect/concepts/cross-site-locations. In order for Customer to use CSI, Customer must establish Dedicated Interconnect presence with Google Cloud and may only use CSI in combination with that Dedicated Interconnect service offering. To the extent that Customer's use of CSI is subject to a Legal Process requesting Customer Data, Google will not be responsible for responding and Customer must directly respond to those requests.
8. Cloud NGFW and Cloud Intrusion Detection System (Cloud IDS). Notwithstanding anything to the contrary in the “Benchmarking” section of the General Service Terms of these Service Specific Terms, Customer will not, and will not allow End Users to, disclose, publish, or otherwise make publicly-ailable any benchmark, or performance or comparison tests that are run on either the edition of Cloud NGFW titled “Cloud NGFW Enterprise” or Cloud IDS and that are conducted by Customer or an End User (or a third party authorized by Customer or an End User).
9. Network Connectivity Center (NCC). Notwithstanding any telecommunications restrictions in the Agreement, Customer may use NCC only in the countries listed at https://cloud.google.com/network-connectivity/docs/network-connectivity-center/concepts/locations. In order for Customer to use NCC, Customer must establish Virtual Private Cloud (VPC) presence with Google Cloud and may only use NCC in combination with that VPC service offering.
10. Spectrum Access System.
a. Governing Agreement. This Section 10 (Spectrum Access System) only applies to Customers procuring SAS under the terms of this Agreement.
b. Additional Customer Obligations. Customer is solely responsible for (i) the installation, operation, maintenance, and repair of Registered CBSDs; (ii) staffing, instructing, and managing personnel performing the installation, operation, maintenance, and repair of Registered CBSDs; (iii) ensuring that such personnel are certified by WInnForum to the extent required by applicable law; and (iv) procuring and maintaining connectivity with Spectrum Access System to enable the ordering and registration of CBSDs and the use of Registered CBSDs. For clarity, Section 2(b) (Operations of Communications Services) in the General Services Terms of these Service Specific Terms does not prohibit Customer from using Spectrum Access System in compliance with this Section 10 (Spectrum Access System).
c. Applicable Law. Spectrum Access System is subject to Federal Communications Commission (“FCC”) regulations. Each party will comply with the rules and implementing orders of the FCC (including 47 C.F.R. Part 96), the Department of Defense, and the National Telecommunications and Information Administration, along with the duly adopted Release 1 standards of WInnForum, to the extent applicable to that party’s provision, receipt, or use of Spectrum Access System.
d. No Personal Data. Except for any Customer Account Information that may include personal data, Customer will not provide any CBSD Endpoint User Information or other regulated data to Google through Customer’s use of Spectrum Access System.
e. Definitions.
“CBSD” means a device with a radio access point that is certified by the FCC to operate in the Citizens Broadband Radio Services band.
“CBSD Registration Information” means data relating to the location, identification, operating parameters, and other aspects of Registered CBSDs.
“CBSD Reporting Data” means the anonymized or aggregated data and metadata Google receives from the Registered CBSDs during Customer’s use of Spectrum Access System.
“CBSD Endpoint” means a device that may establish wireless connectivity with the authorization of a Registered CBSD.
“CBSD Endpoint User” means an individual that uses any CBSD Endpoint.
“CBSD Endpoint User Information” means any information, data, or content relating to a CBSD Endpoint User, including (i) billing and usage information, passwords, and PINs; (ii) transmitted or received content information; (iii) authentication information and any other demographic information; and (iv) other information in connection with use by a CBSD Endpoint User of a CBSD Endpoint on any Registered CBSD or network of Registered CBSDs (excluding any information that may qualify as CBSD Registration Information or CBSD Reporting Data).
“Customer Account Information” means information provided by Customer in connection with the registration of CBSDs, which information consists of (i) contact and account information for Customer; (ii) identification information for all Registered CBSDs registered to Customer, as prescribed by WInnForum standards; (iii) identifying information for all groups of CBSDs for Customer; and (iv) information relating to Customer’s priority access licenses (as applicable), including identification numbers, boundary information, protection area, CBSD cluster lists, grouping information, and any leases of such priority access licenses.
“Registered CBSD” means a CBSD that is registered with Google and operated by Customer via Spectrum Access System.
“WInnForum” means the Wireless Innovation Forum or any successor organization.
Developer Tools
11. Assured Open Source Software (AOSS). TSS is not ailable for free tiers of AOSS.
12. Google Device Cloud.
a. License Agreement. Customer’s access to and use of a Device Partner’s testing device or the Partner Device Lab itself through Google Device Cloud is governed solely by the license agreement between Customer and the Device Partner. By enabling the Partner Device Lab or by accessing any Device Partner testing device through the Google Device Cloud service, Customer accepts the license agreement terms presented at the time of initial access and instructs Google to share Customer Data with that Device Partner for use by the Device Partner for the sole purpose of executing development tests. Customer acknowledges that Device Partners are not acting as Google’s subprocessors, and as such any Customer Data that is shared with a Device Partner will be processed in accordance with that Device Partner’s data processing terms (and not the Cloud Data Processing Addendum). Customer acknowledges that Google exercises no control over the operation or location of Partner Device Labs offered through Google Device Cloud and is not responsible or liable for Device Partner’s actions, labs or devices.
b. Definition(s).
“Device Partner” means a device manufacturing company that maintains a lab of Android-based devices for purposes of connecting to the Google infrastructure.
AI / ML Services
13. Definitions.
“AI Agents” are goal-oriented, AI systems or workflows that perform actions or tasks on behalf of Customer in a supervised or autonomous manner that Customer may create, orchestrate, or initiate within an Agentic AI Service.
“Customer Adapter Model” means an adapter model that Customer creates using its Customer Data with an AI/ML Service.
“Customer Model” means (i) a model that Customer creates without using a Google Pre-Trained Model or (ii) a model owned by Customer that Customer uploads, fine tunes, or deploys in AI/ML Services. Customer Models do not include Customer Adapter Models.
“Fine-Tuned Google Model” means an uptrained model that Customer creates by using an AI/ML Service to retrain or fine-tune a Google Pre-Trained Model using Customer Data.
“Google Customer-Trained Model” means a model trained or retrained by Customer that leverages Google’s pre-existing intellectual property using an AI/ML Service and not released as an open model under an open source or other license.
“Google Models” means Google Pre-Trained Models, Fine-Tuned Google Models, and Google Customer-Trained Models.
“Google Pre-Trained Model” means a model trained by Google and not released as an open model under an open source or other license.
“Separate Offering” means a model, dataset, application, product, service, solution, AI Agent or any other offering that Google makes ailable for a Customer’s use with AI/ML Services that is subject to terms and conditions separate from the Agreement, such as an open source license, third party terms, or other terms.
14. Intellectual Property Terms for AI/ML Services.
a. Non-Google Models. As between Customer and Google and in connection with use of an AI/ML Service (as described at https://cloud.google.com/terms/services), Google does not assert any ownership rights in (i) Customer Models, (ii) Customer Adapter Models, or (iii) Separate Offerings, each to the extent they do not contain any pre-existing Google intellectual property.
b. Google Models. Customer will he sole access to use Fine-Tuned Google Models and Google Customer-Trained Models. Neither Google nor any third party not authorized by Customer may access or use Fine-Tuned Google Models and Google Customer-Trained Models, including after expiration or termination of the Agreement. Google owns all Intellectual Property Rights in Google Models. Where permitted by the AI/ML Service, any exported Fine-Tuned Google Model is licensed as Software.
15. AI/ML Data Location. Customer may configure the Services listed at https://cloud.google.com/terms/data-residency to (a) store Customer Data at rest and (b) perform machine learning processing of Customer Data by the Service, in each case in a specific Multi-Region, and Google will perform (a) and (b) only in that Multi-Region. For clarity, Customer Data does not include resource identifiers, attributes, or other data labels.
16. Use Restrictions for AI/ML Services.
a. Competitive Use. Customer will not, and will not allow End Users to use an AI/ML Service or Generated Output to develop a similar or competing product or service. Google may immediately suspend or terminate Customer's use of any AI/ML Service based on any suspected violation of the preceding sentence. This restriction does not apply to Vertex AI Platform so long as Customer does not use a Google Pre-Trained Model.
b. Model Restrictions. Customer will not, and will not allow End Users to, use output from an AI/ML Service (including Generated Output) to: (i) substitute, replace, or circumvent the use of a Google Model, directly or indirectly, or (ii) create or improve models similar to a Google Model. However, if an AI/ML Service offers the feature of fine-tuning, Customer may use output from that AI/ML Service (including Generated Output) to create and use Fine-Tuned Google Models instead of Google Pre-Trained Models.
c. No Reverse Engineering. Customer will not, and will not allow End Users to, reverse engineer or extract any components of an AI/ML Service, Software, or its models (such as using prompts to discover training data). Google may immediately suspend or terminate Customer's use of any AI/ML Service based on any suspected violation of the preceding sentence.
17. Training Restriction. Google will not use Customer Data to train or fine-tune any AI/ML models without Customer's prior permission or instruction.
18. Separate Offerings and Customer Models.
a. Use of Separate Offerings on the Google Cloud Platform. Customer’s use of Separate Offerings is subject to separate terms and conditions.
b. Disclaimer and Indemnity. Google disclaims all liability arising from Customer’s use of Separate Offerings and Customer Models, and Google’s indemnification obligations do not apply to allegations arising from Separate Offerings or Customer Models.
19. Generative AI Services.
a. Definition. “Generated Output” means the data or content generated by a Generative AI Service prompted by Customer Data. Generated Output is Customer Data. As between Customer and Google, Google does not assert any ownership rights in any new intellectual property created in the Generated Output.
b. Disclaimer. Generative AI Services (as described at https://cloud.google.com/terms/services) use emerging technology, may provide inaccurate or offensive Generated Output, and are not designed for or intended to meet Customer’s regulatory, legal, or other obligations. Customer acknowledges that a Generative AI Service may, in some scenarios, produce the same or similar Generated Output for multiple customers.
c. Prohibited Use Policy. For the purposes of Generative AI Services, the Prohibited Use Policy located at https://policies.google.com/terms/generative-ai/use-policy, as may be updated from time to time, is incorporated into the AUP.
d. Age Restrictions. Customer will not, and will not allow End Users to, use a Generative AI Service as part of a website, Customer Application, or other online service that is directed towards or is likely to be accessed by individuals under the age of 18.
e. Healthcare Restrictions. Customer will not, and will not allow End Users to, use the Generative AI Services for clinical purposes (for clarity, non-clinical research, scheduling, or other administrative tasks is not restricted), as a substitute for professional medical advice, or in any manner that is overseen by or requires clearance or approval from any applicable regulatory authority.
f. Suspected Violations. Google may immediately suspend or terminate Customer's use of a Generative AI Service based on any suspected violation of Section 16(b) or subsection (d) above.
g. Restrictions. The restrictions contained in subsections (d) and (e) above are deemed to be “Restrictions” or “Use Restrictions” under the applicable Agreement.
h. Handling of Prompts and Generated Output. Absent Customer’s prior permission or instruction, Google will not store outside Customer’s Account (i) Customer Data prompted to a Generative AI Service for longer than is reasonably necessary to create the Generated Output, or (ii) the Generated Output.
i. Additional Google Indemnification Obligations.
(i) Generated Output. Google’s indemnification obligations under the Agreement also apply to allegations that an unmodified Generated Output from a Generative AI Indemnified Service using only Google Pre-Trained Model(s), a Fine-Tuned Google Model, or a Customer Adapter Model used with a Google Pre-Trained Model infringes a third party’s Intellectual Property Rights. This subsection (i) (Generated Output) does not apply if the allegation relates to a Generated Output where: (1) Customer creates or uses such Generated Output that it knew or should he known was likely infringing, (2) Customer (or Google at Customer’s instruction) disregards, disables, modifies, or circumvents source citations, filters, instructions, or other tools Google makes ailable to help Customer create or use Generated Output responsibly, (3) Customer uses such Generated Output after receiving notice of an infringement claim from the rightsholder or its authorized agent, (4) the allegation is based on a trademark-related right as a result of Customer’s use of such Generated Output in trade or commerce, or (5) Customer does not he the necessary rights to the Customer Data used to customize or retrain the Fine-Tuned Google Model or Customer Adapter Model, or customize such Generated Output using a Generative AI Service. “Generative AI Indemnified Service” means a Service or feature listed at https://cloud.google.com/terms/generative-ai-indemnified-services, where the use of such Service or feature is not provided to Customer free of charge.
(ii) Training Data. Google’s indemnification obligations under the Agreement also apply to allegations that Google’s use of training data to create any Google Pre-Trained Model utilized by a Generative AI Service infringes a third party’s Intellectual Property Rights. This indemnity does not cover allegations related to a specific Generated Output, which may be covered by subsection (i) (Generated Output) above.
j. Modifying, Disregarding, or Disabling Safety Filters. Google makes ailable safety filters for certain Generative AI Services. Customer is solely responsible for (i) its use, non-use, or modification (including modifications made by Google at Customer’s instruction) of safety filters in creating Generated Output, and (ii) disregarding safety instructions or Documentation.
k. Grounding with Google Search. “Grounding with Google Search” is a generative AI feature of Vertex AI that provides Grounded Results and Search Suggestions. “Grounded Results” mean responses that Google generates using the prompt from the End User, contextual information that Customer may provide (as applicable), and results from Google’s search engine. "Search Suggestions" mean search suggestions that Google provides with the Grounded Results. If a Grounded Result is clicked on, separate terms (not these terms) govern the destination page. If a Search Suggestion is clicked on, the Google Terms of Service govern the google.com destination page. Grounded Results and Search Suggestions are Generated Output. “Links” are any means to fetch web pages (including hyperlinks and URLs) which may be contained in a Grounded Result or Search Suggestion. Links also include titles or labels provided with those means to fetch web pages. Excluding a Customer-owned web domain, Customer will not assert ownership rights in any intellectual property in Search Suggestions or Links in Grounded Results.
(i) Use Restrictions for Grounding with Google Search. Customer:
1. Will only use Grounding with Google Search in a Customer Application that is owned and operated by the Customer and will only display the Grounded Results with the associated Search Suggestion(s) to the End User who submitted the prompt.
2. Will not, and will not allow its End Users or any third party to, cache, frame, syndicate, resell, analyze, train on, or otherwise learn from Grounded Results or Search Suggestions. For clarity, Grounded Results, Search Suggestions, and Links are intended to be used in combination to respond to a given End User prompt and it is a violation of these terms to use Grounding with Google Search to extract or collect one or more of these components for another purpose (for example, using programmatic or automated means to collect Links, using Links to build an index, or using Links to identify destination pages for crawling or scraping).
3. Will not, and will not allow its End Users or any third party to, copy, store, or implement any click tracking, Link-tracking or other monitoring of Grounded Results or Search Suggestions, except that:
- Customer may copy and store, for up to two (2) years the Grounded Results:
(1) that were displayed by Customer only to evaluate and optimize the display of the Grounded Results in the Customer Application;
(2) in the chat history of an End User of the Customer Application only for the purpose of allowing that End User to view their chat history.
- Customer may copy and store the Grounded Result and Search Suggestions only for the purpose of and for the minimum time necessary to comply with applicable law or regulations.
- Customer may allow its End Users to copy and store individual Grounded Results that Customer displayed to that End User through the Customer Application as long as Customer does not allow Grounded Results to be: (i) accessed or collected by automated or programmatic means, or (ii) to be used to create a database.
- Customer may monitor End User interactions with their Customer Application interface, however, Customer will not track whether those interactions were specifically with a given Search Suggestion or Grounded Result (in each case, in whole or in part, including any specific Links).
4. Unless permitted by Google in writing (including in the Documentation):
- will not modify, or intersperse any other content with, the Grounded Results or Search Suggestions; and
- will not place any interstitial content between any Link or Search Suggestion and the associated destination page, redirect End Users away from destination pages, or minimize, remove, or otherwise inhibit the full and complete display of any destination page.
(ii) Storage for Debugging and Testing. Customer acknowledges that it is reasonably necessary for Google to store prompts, contextual information that Customer may provide, and Generated Output for thirty (30) days for the purposes of creating Grounded Results and Search Suggestions, and since such information is being stored, Customer instructs Google that the stored information can be used for debugging and testing of systems that support Grounding with Google Search.
(iii) Guidelines. If Customer builds an external-facing Customer Application, the Client Application Guidelines apply to the Customer’s use of Grounding with Google Search. For purposes of the Client Application Guidelines, Customer Applications that are using Grounding with Google Search are considered Approved Applications.
(iv) Survival. This subsection “Grounding with Google Search” will survive termination or expiration of the Agreement, as applicable.
l. Web Grounding for Enterprise. Section 19(k) (Grounding with Google Search) also applies to Web Grounding for Enterprise, except that: (i) all references to ‘Grounding with Google Search’ are replaced with ‘Web Grounding for Enterprise’, (ii) in the “Grounded Results” definition, the phrase ‘Google’s search engine’ is replaced with ‘GCP’s web index’, and; (iii) subsection 19k(ii) is deleted.
m. Grounding with Google Maps. “Grounding with Google Maps” is a generative AI feature of the Generative AI on Vertex AI Service that provides Grounded Results. “Google Maps Grounded Results” mean responses that Google generates using Google Maps Data in response to an End User initiated prompt. “Google Maps Data” means the content originating from Google Maps in the Google Maps Grounded Results, including in the output text, in the metadata of the Google Maps Grounded Results, in the Google Maps Links, and content accessed through Google Maps Links. “Google Maps Links” mean the URLs that Google provides in a Google Maps Grounded Result and any titles or labels provided with those URLs. If Google Maps Links are clicked on, these separate Google Maps End User Terms and the Google Privacy Policy govern the destination page. Google Maps Data in the text of a Google Maps Grounded Result will be identified via the Google Maps Links. Google Maps Grounded Results are Generated Output. Notwithstanding anything to the contrary in the Agreement, Google and its content providers retain all rights to Google Maps Data.
(i) Use Restrictions for Grounding with Google Maps. Customer:
1. Will only use Grounding with Google Maps in a Customer Application that is owned and operated by Customer and will only use Grounding with Google Maps to display the Google Maps Grounded Results with the associated Google Maps Links to the End User who initiated the prompt.
2. Will not modify the Google Maps Grounded Result or intersperse any other content with the Google Maps Grounded Result, place any interstitial content between the text of the Google Maps Grounded Result and the Google Maps Links or the Google Maps Links and the associated destination page, or redirect End Users away from the destination pages or minimize, remove, or otherwise inhibit the full and complete display of any destination page.
3. Will comply with the Documentation.
4. Will not, and will not allow its End Users or any third party to:
(a) cache or store Google Maps Grounded Results except that Customer may cache or store Google Maps Grounded Results:
(i) for up to ninety (90) days, only to evaluate and optimize the display of the Google Maps Grounded Results for the Customer Application; or,
(ii) in the chat history of an End User of the Customer Application for up to six (6) months for the purpose of allowing that End User to view their chat history or to maintain prior conversation context for that End User within the Customer Application;
(b) scrape any Google Maps Data;
(c) use Google Maps Grounded Results for High Risk Activities, including activities such as emergency response services; and
(d) distribute or market any Customer Applications in any Prohibited Territory as defined in the Documentation.
(ii) Storage for Debugging and Testing. Customer acknowledges that it is reasonably necessary for Google to store prompts, contextual information that Customer may provide, and Generated Output for thirty (30) days for the purposes of creating Google Maps Grounded Results, and since such information is being stored, Customer instructs Google that the stored information can be used for debugging and testing of systems that support Grounding with Google Maps.
n. Agentic AI Services.
(i) Customer is solely responsible for: (a) the actions and tasks performed by an Agentic AI Service or AI Agent; (b) determining whether the use of an Agentic AI Service or AI Agent is fit for its use case; (c) authorizing an Agentic AI Service or AI Agent’s access and connection to data, applications, and systems; and (d) exercising judgment and supervision when and if an Agentic AI Service or AI Agent is used in production environments to oid any potential harm the Agentic AI Service or AI Agent may cause.
(ii) The actions or tasks that an AI Agent performs are not Generated Output.
(iii) When using Grounding with Google Search in Gemini Enterprise or Agentspace, Section 19(k) (Grounding with Google Search) applies, provided that where Customer's use is in the Service's UI only, Section 19(k) is amended as follows:
(A) Subsections 19(k)(i)(1), (3), and (4) are deleted in their entirety and the first sentence of 19(k)(i)(2) is replaced with the following: “Customer will not, and will not allow its End Users or any third party to, copy, implement any click tracking, Link-tracking or other monitoring of, syndicate, resell, analyze, train on, or otherwise learn from Grounded Results or Search Suggestions.”
(B) Subsection 19(k)(iii) (Guidelines) is deleted in its entirety.
o. Provisioned Throughput. Provisioned Throughput is a feature of the Vertex AI API. If Customer uses Provisioned Throughput, Google will use commercially reasonable efforts to prioritize Customer’s throughput for its API calls to the designated models ailable through Generative AI on Vertex AI. Notwithstanding any other provision of the Agreement related to product discontinuation, Google may discontinue Provisioned Throughput for any model ailable through Generative AI on Vertex AI by providing Customer at least 6 months’ prior notice, with no notice required if Google replaces such functionality with materially similar functionality.
20. Vertex AI Search and Gemini Enterprise. With respect to these Services, Customer may use only Customer Data and web domains that it owns or is authorized to utilize.
21. Vertex AI Studio. With respect to this Service’s integration with YouTube, Customer may use only Customer Data and Content (as defined in the YouTube Terms of Service) that it owns or is authorized to use through the YouTube integration feature.
22. Celebrity Recognition. Customer will use celebrity recognition functionality in Cloud Vision and Video Intelligence API on celebrities, only with professionally-filmed media content that Customer owns or is authorized to use, and not for any surveillance-based purpose.
23. Customer Engagement Suite (formerly Contact Center AI (CCAI) Platform).
a. No Access to Emergency Services. Customer Engagement Suite includes Contact Center as a Service (CCaaS). CCaaS does not function as a telephonic or other communication service. The Service cannot send or receive emergency calls or texts, and will not be used for emergency services.
b. Bring Your Own Carrier (“BYOC”). In the BYOC model, Customer is responsible for obtaining telephony services from a third party and for all associated costs. Customer and its telephony provider are solely responsible for compliance with any regulatory and licensing requirements for such telephony services.
24. Cloud Translation API. Customer will comply with the HTML Markup Requirements found at https://cloud.google.com/translate/markup and the attribution requirements found at https://cloud.google.com/translate/attribution.
25. Speech on Device (SOD) / Automotive AI Agent (AAA) Premium Software. Customer’s license to the Premium Software components of SOD and AAA is limited to using the Premium Software locally on activated, designated devices. Only Customers who subscribe to TSS are eligible to receive updates to the Premium Software. Upon termination or expiration of Customer’s Order Form for SOD/AAA, Customer will permanently delete the Premium Software and associated SOD/AAA models (except those models on already-activated devices) and may not use SOD/AAA to perform any additional activations or distribute any more devices. Notwithstanding anything to the contrary in the “License” subsection of the “General Software Terms” above, the following apply:
a. Customer may sublicense the Premium Software included as part of SOD/AAA to the extent necessary for using it on End User devices;
b. Customer’s license to such Premium Software will be perpetual to the extent that it remains on any device after the Term.
26. Automotive AI Agent. Automotive AI Agent models created by Customer based on Google Pre-Trained Models are Fine-Tuned Google Models as defined in these Service Specific Terms.
27. Visual Inspection AI. Customer may only download from Visual Inspection AI containerized Solution Artifacts (as described in the Documentation and licensed as Software) for the duration and number of cameras designated when downloaded by Customer in the Admin Console.
28. Retail Search. If Customer provides results for any query in a different order than the ranked order returned by Retail Search (“Alternative Ranking”), then (a) Google will not provide any support (including TSS) in relation to this Alternative Ranking and (b) Customer forfeits any rights granted by Google to use Google Brand Features in connection with Retail Search.
29. Anti Money Laundering AI. The Service may only be used for Customer’s (or its own customers’) detection of money-laundering activities as part of an anti money laundering (AML) compliance program. Customer will comply with the service limits defined in the Documentation and ensure that Service outputs are subject to human oversight, investigation, and evaluation by trained AML compliance personnel. Google may suspend or terminate Customer’s use of the Service based on any suspected violation of the foregoing obligations.
30. Gemini Enterprise and Gemini for Government.
a. Additional Products. Google makes optional Additional Products ailable to Customer and Customer End Users through Gemini for Government and Gemini Enterprise. Customer's use of Additional Products is subject to the Google Terms of Service ailable at https://policies.google.com/terms which are incorporated by reference into the Agreement and which may be updated by Google from time to time, and any other terms of service Google makes ailable for a particular Additional Product. Additional Products may be enabled or disabled through the Admin Console.
b. "Additional Products" means products, services and applications that are not part of the Services but that may be accessible for use in conjunction with the Services. "Flow", "Project Mariner", and "Whisk" are Additional Products accessible via Gemini for Government and Gemini Enterprise.
Storage
31. Persistent Disk.
a. Hyperdisk Exapools. Customer and Google will work together in good faith to select the appropriate Zones (as defined at https://cloud.google.com/compute/docs/regions-zones) for Hyperdisk Exapool clusters. Customer acknowledges and agrees that once a Hyperdisk Exapool cluster is deployed to a particular Zone, Customer may not move it to another Zone without written agreement from Google.
Data Analytics
32. Looker (Google Cloud core). If Google’s measurement tools are unable to confirm Customer’s usage of the Services, then (a) within 30 days of Google’s request, Customer will provide a sufficiently-detailed written report describing usage of the Looker (Google Cloud core) Service by Customer and End Users during the requested period, and (b) Customer will provide reasonable assistance and access to information to verify the accuracy of Customer’s usage report(s).
API Management
33. Apigee. Customer acknowledges and agrees that Customer will be charged overage Fees for usage of the Services in excess of Customer’s subscription amount. If Customer is using Apigee Edge Team or Apigee Edge Business, the Fees for these overages are listed at https://cloud.google.com/apigee/pricing/edge-overage.
Bare Metal
34. Bare Metal Solution.
a. 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 Bare Metal Solution is limited to the greater of (i) the Fees Customer paid for Bare Metal Solution during the 12 month period before the event giving rise to liability and (ii) $25,000. This Section will survive expiration or termination of the Agreement.
b. Bare Metal Solution Proof of Concepts. Customer may not use Bare Metal Solution proof of concepts and trials in connection with any production workloads.
Migration
35. Transfer Appliance Service.
a. Trade Compliance.
(i) In case of cross-border shipments of Appliance Materials, Customer may be responsible for export clearance and licensing (if applicable). Appliance Materials may be dual-use goods (including under Export Control Number 5A002) and subject to export restrictions. Google may designate a carrier to act as Customer's agent with the relevant customs and tax authorities to import or export the Appliance Materials, and Customer will cooperate with Google and its carrier, including providing export classification information and acting as the importer or exporter of record. Customer will not ship Appliance Materials except as authorized in writing by Google.
(ii) Without limiting Customer’s obligation to comply with all laws applicable to its receipt or use of Appliance Materials (including any prohibitions on exporting, re-exporting or transferring Appliance Materials to comprehensively embargoed United States countries and regions), Customer may not export, re-export or transfer Appliance Materials to Russia or for use in Russia except as authorized in writing by Google.
b. Responsibility for Appliance Materials. While Appliance Materials are in its control, Customer is responsible for any loss or damage and will use appropriate security measures to protect them.
c. Sole Remedy. Customer's sole remedy in connection with any unsuccessful attempt to complete the Transfer Appliance Service is for Google to use reasonable efforts to re-perform the Transfer Appliance Service.
The Service Specific Terms for the Transfer Appliance Service are also applicable to Google Distributed Cloud connected Appliance Service excluding the “Sole Remedy” subsection above.
“Appliance Materials” means the materials provided by Google or its Subprocessors in connection with the Transfer Appliance Service or the Google Distributed Cloud connected Appliance Service, as applicable, including hardware and software.
Security and Identity
36. Assured Workloads.
a. General. Google will provide TSS for Assured Workloads in accordance with Customer-selected controls. It is Customer's responsibility to determine whether Customer-selected Admin Console controls are adequate for Customer’s purposes.
b. Assured Workloads Data Location. If Customer is using Assured Workloads and configures any Service listed in the “Assured Workloads” section of https://cloud.google.com/terms/data-residency for data location as described in the General Service Terms Section 1 (Data Location), then in addition to Google's data location commitments under that Section 1 (Data Location), Google will process Customer Data in use by the configured Service (not including in any user interface) only within the country of the selected Region or within the country or countries of the selected Multi-Region (as applicable). If the selected Region or Multi-Region is located in the European Union, Google will process Customer Data in use by the configured Service only within the European Union (but not necessarily in the same country).
Further, Assured Workloads enables Customer to prevent Google personnel located outside the Customer-selected Region or Multi-Region from accessing Customer Data in an Assured Workloads environment, as specified in the Documentation.
c. ITAR Data. Notwithstanding any restriction on the access or use of the Services for materials or activities subject to ITAR in the Agreement, Customer may access or use the Services with software or technical data subject to ITAR if Customer uses Assured Workloads Services explicitly identified in the Documentation as being compatible with ITAR requirements.
d. Federal Risk and Authorization Management Program (FedRAMP) and Department of Defense Cloud Security Requirements Guide (DoD SRG). Certain Google Services he received FedRAMP or DoD SRG Authority to Operate (“ATO”) for defined Services. FedRAMP ATO Services are currently described at https://cloud.google.com/security/compliance/fedramp and DoD SRG ATO Services are currently described at https://cloud.google.com/security/compliance/disa. Customers are responsible for complying with the relevant FedRAMP and SRG requirements when using the Services, including the requirements in the Customer Responsibility Matrix (“CRM”). The CRM is a part of the Google Services System Security Plan maintained by the FedRAMP Program Management Office, and is ailable to government customers upon request. Customer may not use any Services to store or process classified information data.
37. Access Approval. Use of Access Approval may increase response times for TSS, and Customer will be responsible for any disruption or loss as a result of Customer denying or delaying approval via Access Approval. The SLAs do not apply to any Service disruption impacted by Customer’s use of Access Approval.
38. Security Command Center.
a. Data Processing. In order to protect your assets against new and evolving threats, Security Command Center analyzes data related to misconfigured assets, indicators of compromise in logs, and attack vectors. This activity may include processing to improve service models, identifying recommendations to harden customer environments, collecting metrics to evaluate the effectiveness and quality of services, and conducting experiments to optimize the user experience.
b. Cryptomining Protection Program. Customer’s use of Security Command Center Premium is subject to the terms of the Security Command Center Cryptomining Protection Program (“Cryptomining Protection Program”). Google reserves the right to update or discontinue the Cryptomining Protection Program upon 30 days notice.
c. Security Command Center Enterprise. The SecOps Service Specific Terms (and, other than this subsection, not these Google Cloud Platform Service Specific Terms) apply to your use of the Google Security Operations and Mandiant Attack Surface Management components (as each is described in the SecOps Services Summary) of Security Command Center Enterprise.
39. Cloud Identity Services. The following terms apply only to the Cloud Identity Services provided under this Agreement:
a. Use of Google Workspace Components. Customer’s use of the Google Workspace Components is subject to any applicable provisions of the then-current Google Workspace Service Specific Terms at https://workspace.google.com/intl/en/terms/service-terms/, which provisions are incorporated by reference into this Agreement.
b. Additional Products. Google makes optional Additional Products ailable to Customer and Customer End Users through the Cloud Identity Services. Customer’s use of Additional Products is subject to the Additional Product Terms.
c. Governing agreement. Customer’s use of Cloud Identity Services under the Account, will be governed by: (i) Customer's Google Workspace agreement; (ii) this Agreement; or (iii) the terms at https://cloud.google.com/terms/identity, if and as applicable, depending on which is in effect. This Section will survive expiry or termination of this Agreement.
d. Definitions.
“Additional Products” means products, services and applications that are not part of the Services but that may be accessible for use in conjunction with the Services.
“Additional Product Terms” means the then-current terms at https://workspace.google.com/intl/en/terms/additional_services.html.
“Google Workspace Components” has the meaning given in the then-current services summary for Cloud Identity Services at https://cloud.google.com/terms/identity/user-features.
“Google Workspace” means the then-current services described at https://workspace.google.com/terms/user_features.html
40. Firebase Authentication and Identity Platform.
a. Phone Authentication. Google temporarily stores phone numbers provided for authentication to improve spam and abuse prevention across Google services. Phone numbers are not logically isolated for a given customer's end users. Customer should obtain appropriate end-user consent before using the Firebase Authentication or Identity Platform phone number sign-in service.
b. Other Authentication Services. Use of Google Sign-In for authentication is subject to Google’s API Services: User Data Policy. Google is not responsible for any third-party sign-in service used with Firebase Authentication or Identity Platform.
c. reCAPTCHA Notice Requirement. Customer agrees to explicitly inform Customer End Users of phone authentication features that their use of reCAPTCHA is subject to the Google Privacy Policy and Terms of Use. For users in the European Union, you and your Application(s) must comply with the EU User Consent Policy. Google collects hardware and software information, such as device and application data, through reCAPTCHA only as necessary to provide, maintain, and improve the Service, and for general security purposes. Such information will not be used for any other purpose, such as personalized advertising by Google.
41. reCAPTCHA Enterprise.
a. Information. Google processes information submitted via use of the Service only as necessary to provide and maintain the Service, and ensure that the Service’s security, threat detection, protection, and response capabilities remain effective against evolving threats. Such information will not be used for any other purpose, such as personalized advertising by Google.
b. Terms. Customer will inform applicable Customer’s End Users that Customer has implemented reCAPTCHA Enterprise on its properties and that Customer’s End Users' use of reCAPTCHA Enterprise is subject to the Privacy Policy and Terms of Use.
c. Use. reCAPTCHA Enterprise may only be used to fight fraud and abuse on Customer's properties, and not for any other purposes, such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.
d. Customer Privacy Policy. Customer will provide and adhere to a privacy policy for its API client that clearly and accurately describes to applicable Customer End Users what user information Customer collects and how Customer uses and shares such information with Google and third parties. Customer will be responsible for providing any necessary notices or consents for the collection and sharing of this data with Google. Customer and its API client(s) will comply with the EU User Consent Policy.
42. Web Risk.
a. Attribution. Customer may display a warning about unsafe web resources for a particular site based on verification against Google’s list of unsafe sites provided that (i) the applicable Customer Application has received from Google an updated list (via the applicable API method) before the expiration time provided by the applicable API response or within 30 minutes if no expiration time is specified; and (ii) Customer provides attribution and conspicuous notice that the reliability and accuracy of the protection cannot be guaranteed using language similar to the “Advisory Notice” subsection below.
b. Advisory Notice. Google works to provide the most accurate and up-to-date information about unsafe web resources, but cannot guarantee that its information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error.
c. Brand Protection, Evaluate and Submission APIs. Google uses URLs and associated data submitted through the Brand Protection product, Evaluate API or Submission API (“Submitted URLs, Content and Metadata”) and corresponding maliciousness scores to provide, maintain, protect and improve Google's products and services, including Google's list of unsafe web resources. Google may also share Submitted URLs, Content and Metadata with third parties, including other Google customers and users. Submitted URLs are not Customer Confidential Information or Customer Data.
43. Chrome Enterprise Premium.
a. Chrome Enterprise Core. In order to use Chrome Enterprise Premium Threat and Data Protection Services:
(i) Customer agrees to the Chrome Enterprise Core Agreement at https://chromeenterprise.google/terms/chrome-enterprise-core/; and
(ii) Customer acknowledges and agrees that Customer must enable “Chrome Enterprise Connectors” in the Chrome Browser section of the Admin Console.
b. Threats. When Chrome Enterprise Premium checks for malware, unsafe web pages, or other unsafe files (“Threats”), the URL or a file hash and the result of the analysis are temporarily stored in a Google global cache for performance-related purposes. Customer acknowledges and agrees that Customer URLs, content, metadata and file hashes that Chrome Enterprise Premium identifies as Threats are not Customer Confidential Information or Customer Data and Google may use such URLs, content, metadata and file hashes to provide, maintain, protect and improve Google's products and services, including Google's lists of Threats, including without limitation sharing the same with third parties, including other customers and users.
c. App Connector. Customer agrees to install Software for App Connector in Customer’s private data center or other non-Google cloud environments in accordance with the minimum specifications described in the Documentation. Customer authorizes Google to connect and maintain the Software in order to provide connectivity for the applications accessed by Customer via App Connector.
44. Certificate Manager. Customer authorizes Google Cloud to apply for and obtain publicly trusted SSL/TLS certificates from third-party or Google-managed certificate authorities for domains operated and controlled by Customer (“Customer Domains”) pursuant to the CA/Browser Forum Baseline Requirements or any applicable successor requirements (“Requirements”). Customer represents and warrants that it operates and controls the Customer Domains and will revoke the authorization from Google when Customer ceases to operate and control a Customer Domain. Google may revoke a certificate as required by the Requirements or for failure to comply with the AUP.
45. Audit Manager. Reports generated by Audit Manager support information gathering only and do not determine or attest to compliance with any compliance standard. Use of Audit Manager neither relieves Customer of nor substitutes for any of Customer’s obligations to verify compliance; Customer remains responsible for separately verifying its compliance with applicable compliance standards.
Google Distributed Cloud
46. Google Distributed Cloud connected (formerly Google Distributed Cloud Edge). If you purchased Google Distributed Cloud connected prior to August 15, 2023, the terms ailable at https://cloud.google.com/distributed-cloud/edge/service-terms will apply.
Data Boundary by Partners
47. Data Boundary by Partners (formerly Sovereign Controls by Partners).
a. Customer Responsibilities. The Data Boundary by Partners solution applies only to the Supported Google Cloud Services listed at https://cloud.google.com/terms/in-scope-sovereign-cloud (“Supported Google Cloud Services”). The Party using the Data Boundary Partner's solution, whether Customer or a customer of the Data Boundary Partner or other Reseller or Partner, is responsible for: (i) receiving the Data Boundary Partner's services, including external key management services (“EKM”), from a Data Boundary Partner listed at https://cloud.google.com/terms/in-scope-sovereign-cloud, and (ii) maintaining separate terms directly with the Data Boundary Partner governing the use of that Data Boundary Partner's services.
b. Partner Access. To the extent applicable, Customer authorizes (and will ensure, if applicable, it has all relevant approvals to allow) Google to share, with the relevant Data Boundary Partner, TSS case details and Customer's contact information, metadata, log data, billing information, and configuration data from the Services used in the environment applicable to the Data Boundary by Partners solution, or that of Customer’s applicable end customer. Google is not responsible for a Data Boundary Partner’s handling of such data.
c. Key Access Justifications. Google will transmit an accurate justification to the EKM for each request to obtain key access to decrypt Customer Data for supported, generally-ailable Services, pursuant to terms agreed between the Data Boundary Partner and Google (if applicable). Once the EKM receives a justification, they are responsible for determining whether to grant Google the requested key access. Google is not responsible if the operation or functionality of the Services is impacted because Google cannot obtain a key access needed for such operation or functionality.
d. Security Controls. Data location controls made ailable by Google for the Data Boundary by Partners solution will be the same as the controls Google makes ailable for Assured Workloads, as described in the Assured Workloads Service Specific Terms.
Databases
48. AlloyDB Omni. Users of the free AlloyDB Omni Developer Edition and their Software Users (as defined in the General Service Terms) may use the Alloy DB Omni Software only for the purposes of developing, testing, prototyping, and demonstrating software programs (in any environment). Such users and Software Users may not use the AlloyDB Omni Software for any data processing, business, commercial, or production purposes.
Premium Software
49. Telecom Subscriber Insights.
a. Updates. If Google makes ailable to Customer an update to the Telecom Subscriber Insights Software and Customer does not download the update within 30 days of notification of its ailability, Google will automatically push the update to Customer’s Project(s) that use Telecom Subscriber Insights.
b. Additional Restrictions. Customer will not (either directly or via third parties) (i) use Telecom Subscriber Insights or any of its components to create, train, or improve (directly or indirectly) any similar or competing system, product or service; or (ii) use output data from Telecom Subscriber Insights for the purpose of creating, training, or improving (directly or indirectly) any similar or competing system, product or service.
Free Evaluation Services
50. Free Evaluation Services.
a. Definitions.
"Free Evaluation Services" means (a) presales, evaluation, or proof-of-concept services; and (b) ad-hoc technical assistance (brief technical assistance to address immediate, isolated technical inquiries or minor operational issues) related to Google Cloud products, in each case provided to Customer free of charge by Google Personnel. Free Evaluation Services do not include work that falls under any agreement governing (i) implementation services or deliverables, (ii) ongoing, paid technical support services, or (iii) any similar scoped or on-going professional technical or consulting services by Google Personnel.
"Free Model" means a version of an artificial intelligence or machine learning model trained, adapted, or fine-tuned by Google Personnel as part of the Free Evaluation Services using Customer Data.
"Google Personnel" means Google’s and its Affiliates’ employees, agents, and subcontractors.
"Materials" means tools, code, algorithms, models, written documentation, and other technology provided to Customer by Google Personnel as part of the Free Evaluation Services.
b. Scope. Google will provide Free Evaluation Services in accordance with this Section. Free Evaluation Services may be provided without an Order Form. Free Evaluation Services are only intended to enable Customer to receive help, recommendations, learnings, and advice from Google Personnel to evaluate, demo, and learn how Customer can use Google Cloud products and services to meet its business use cases.
c. Terms. Free Evaluation Services are “Pre-GA Offerings” and will be subject to the Pre-GA Offerings Terms in the SSTs and any additional terms described in this Section (Free Evaluation Services). In addition to the terms of the Agreement excluded for Pre-GA Offerings, any terms specific to the function of the Services or Software, and not appropriate or relevant for Free Evaluation Services, such as provision of an Account or a Status Dashboard, location of Data Centers, or information about Significant Developments, do not apply to Free Evaluation Services. In addition, notwithstanding anything to the contrary in the Agreement, Google has no obligation to implement tools and measures designed to prevent the introduction of Viruses into Materials. (Customer may use tools and measures ailable as part of the Services to assess Materials for Viruses in Customer’s Account.) To the extent permitted by applicable law, Google may assign a new subcontractor or subprocessor to provide Free Evaluation Services immediately upon written notice to Customer.
d. Materials. While Materials may be provided to Customer by Google, Free Evaluation Services do not create deliverables or new Intellectual Property for Customer. Google retains all Intellectual Property Rights in Materials, except to the extent Materials contain Customer Data owned or licensed by Customer (a) before the start date of the Evaluation Services or (b) independent of the Evaluation Services. Customer may use Materials for its internal business purposes only. Customer agrees and acknowledges that open source code may be included in Materials. Nothing in this Section (Free Evaluation Services) grants any right for Customer to use any materials, products, or services that are otherwise made ailable to Google customers under a separate license or agreement.
e. Customer Obligations.
(i) Non-Production Environment. Customer will only provide Google Personnel with access to Customer Data for Free Evaluation Services in a non-production Google Cloud Platform environment managed by Customer. Google will only access, use, and otherwise process Customer Data to provide the Free Evaluation Services.
(ii) Customer Personal Data. Customer will not provide Google Personnel with access to Customer Personal Data (as defined in the Cloud Data Processing Addendum) to receive Free Evaluation Services unless the parties he defined the scope and purpose of Google’s access to such Customer Personal Data in a separate agreement. If Google discovers that Customer has provided Google Personnel with access to Customer Personal Data, Google will suspend performing Free Evaluation Services until Customer deletes such Customer Personal Data. If the Parties agree that Google will access Customer Personal Data in a separate agreement, then (a) the Cloud Data Processing Addendum will apply, but only with respect to Customer Personal Data, and (b) Free Evaluation Services will be treated as Implementation Services in the Cloud Data Processing Addendum (with the exception of Google’s Compliance Certification obligations for Implementation Services).
f. AI Services. If Free Evaluation Services involve helping Customer to evaluate Google Cloud’s artificial intelligence or machine learning products and services:
(i) Customer will he sole access to any Free Model; Google will not use any Free Model for its own purposes or provide a Free Model to any other Google customer.
(ii) Data or content generated by a Free Model will be treated as Generated Output, even if not generated by a Generative AI Service.
(iii) Customer’s use of a Free Model provided to Customer by Google will be subject to the Generative AI Service Disclaimer, the AUP, the Prohibited Use Policy located at https://policies.google.com/terms/generative-ai/use-policy, and the “Restrictions” or “Use Restrictions” sections in the Agreement and AI/ML Services Section of the Service Specific Terms, in each case regardless of whether such Free Model includes a Generative AI Service.