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Android Things Console Terms of Service

Last modified: June 20, 2017

Thank you for using Google's Android Things Console. By accessing or using our Android Things Console or Software (collectively, "Services") you are agreeing to the terms below. Collectively, we refer to the terms below, any additional terms incorporated by reference, terms within accompanying 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 with respect to your use of Services. So please read all the Terms carefully.

Under the Terms, "Google" means Google Inc., 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. If you are using the Services on behalf of another person or entity, (i) you represent you have the authority to bind that other person or entity, and (ii) references to "you" will refer collectively to you and that other person or entity.

  1. Use of Services.

    1.1. Android Things Console and Software. Subject to the Terms, Google grants you a limited, revocable, non-transferable, non-exclusive, right to (i) access and use the Android Things Console and (ii) install and use the Software on up to 500 devices owned or controlled by you for the sole purpose of internal development and testing of devices that have integrated the Software. These Terms do not provide you with a right to sell, exploit or otherwise distribute any device that has integrated the Software. Commercial rights to use the Software for these purposes must be granted expressly via a separate written agreement with Google ("Commercial Agreement"). The Commercial Agreement will control in the event of a conflict with these Terms.

    1.2. Developer Portal Credentials. You must have an Account to use the Android Things Console, and are responsible for the information provided to create the Account, the security of the passwords for the Account, and for any use of the Account, including allowing your End Users to use your Account. If you become aware of any unauthorized use of your password, your Account or the Services, you will notify Google as promptly as possible.

    1.3. End User Credentials. If you become aware of any unauthorized use of End User credentials to access the Android Things Console, you will notify Google as soon as you becomes aware of such unauthorized use.

    1.4. Security of Credentials For Third Party Services. If you become aware that an End User's credentials for third party services have been compromised, you, and not Google, will be solely responsible for notifying the third party service providers of the compromise according to the requirements imposed by those third party service providers. You understand that it is your responsibility to secure third party service credentials. You agree not to link third party service credentials to Google credentials.

    1.5. Additional Google Terms. Certain additional terms may apply depending upon the Google software or services you use. You agree to be bound by the Google API Terms of Service, located at https://developers.google.com/terms/, in connection with your use of Google APIs. Additionally, you agree to be bound by the Android Things SDK License Agreement, available at https://developer.android.com/things/terms.html, in connection with your use of the Android Things SDK. These Terms will control to the extent of any conflict between (i) these Terms and the Google API Terms of Service, or (ii) these Terms and the Android Things SDK License Agreement.

    1.6. Modifications to the Terms. Google may make changes to these Terms from time to time. We'll post notice of modifications to these Terms to the Android Things Console. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately upon posting. If you do not agree to the revised Terms, you must stop using the Services.

    1.7. Restricted Access. Google services may be restricted from being made available in certain countries and regions (listed at the following URL: https://support.google.com/a/answer/2891389?hl=en (which may be updated by Google from time to time)). Google reserves the right to restrict the availability or use of the Services in these regions. You will not attempt to access or use the Services from these regions.

  2. Your Obligations.

    2.1. Privacy. You will comply with all Privacy Laws related to the processing of Customer Data, including by providing End Users with a legally adequate privacy notice prior to any collection of Customer Data that accurately discloses the collection, use, monitoring and disclosure of Customer Data by you and Google. You will obtain and maintain any consents from End Users required under Privacy Laws to permit the processing of Customer Data by you and Google. Further, you will notify End Users that Customer Data will be made available to a third party (i.e., Google) for the purposes described in Section 3.4. You will be solely responsible for ensuring that all collection, use and disclosure of Customer Data complies with all Privacy Laws.

    2.2. Restrictions. You will not, and will not allow third parties under your control to: (i) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of the Services (subject to Section 2.3 below and except to the extent such restriction is expressly prohibited by applicable law); (ii) use the Services for High Risk Activities; (iii) sublicense, resell, or distribute any or all of the Services; (iv) release or disclose the results of your use, development, or evaluation of the Services to any third party, including as part of any benchmark testing; or (v) process or store any Customer Data that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

    2.3. Third Party Components. Third-party components (which may include open source software) of the Services may be subject to separate license agreements. To the limited extent a third-party license expressly supersedes this Agreement, that third-party license instead governs your agreement with Google for the specific included third-party components of the Services, or use of the Services (as may be applicable).

    2.4. DMCA Policy. Google provides information to help copyright holders manage their intellectual property online, but Google cannot determine whether something is being used legally or not without their input. Google responds to notices of alleged copyright infringement and terminates 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 or your End Users' copyrights and want to notify Google, you can find information about submitting notices, and Google's policy about responding to notices at http://www.google.com/dmca.html.

  3. Intellectual Property Rights; Feedback; Data; Confidential Information.

    3.1. Intellectual Property Rights. Except as expressly set forth in these Terms, these Terms do not grant either party any rights, implied or otherwise, to the other's content or any of the other party's Intellectual Property Rights. As between the parties, Google owns all Intellectual Property Rights in the Services.

    3.2. Feedback. If you provide Google feedback or suggestions about the Services, then Google may use that information without obligation to you, and you hereby irrevocably assign to Google all right, title, and interest in that feedback or those suggestions.

    3.3. Confidential Information. Our communications to you about the Services, including those communications made through the Android Things Console, 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. You will only use such information to exercise your rights or perform your obligations under these Terms, and you will ensure any third-party recipient complies with the obligations of this section. 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.

    3.4. Use of Customer Data. Google may use Customer Data only to provide the Services to you and your End Users and to help secure and improve the Services. For instance, this may include identifying and fixing problems in the Services, enhancing the Services to better protect against attacks and abuse, and making suggestions aimed at improving performance or reducing cost.

    3.5. Facilities and Data Transfer. Google may process and store Customer Data in the United States or any other country in which Google or its agents maintain facilities. By using the Services, you consent to this processing and storage of Customer Data. Under this Agreement, Google is acting as a data processor with respect to Customer Data.

    3.6. Onward Transfer. You will: (i) comply with Privacy Laws in connection with your access, use or other processing of Customer Data; (ii) use or otherwise access Customer Data only for purposes which are consistent with the consent obtained by the applicable individual to whom the Customer Data relates or as expressly permitted in these Terms; (iii) implement appropriate organizational and technical measures to protect the Customer Data (and any devices containing Software) against loss, misuse, and unauthorized access, disclosure, alteration and destruction; and (iv) provide the same level of protection for Customer Data as is required by the EU-U.S. and Swiss-U.S. Privacy Shield Principles. You will regularly monitor your adherence to the requirements of this Section 3.6 and immediately notify Google in writing if you determine that you can no longer, or there is a significant risk that you can no longer, meet these requirements and either cease processing or immediately take other reasonable and appropriate steps to remediate such failure to provide adequate level of protection.

  4. Termination.

    4.1. Termination. You may stop using the Services at any time. You may terminate the Terms for convenience at any time on prior written notice and upon termination, must cease use of the Services. Google may terminate or suspend these Terms, including your right or ability to access or use the Services, for its convenience at any time without liability to you.

    4.2. Effect of Termination. If these Terms are terminated, then: (i) the rights granted by one party to the other will immediately cease; (ii) you will delete the Software and any data you have provided that is accessible from within the Android Things Console.

  5. Representations. Each party represents and warrants that: (i) it has full power and authority to enter into the Agreement; and (ii) it will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable.

  6. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND ITS SUPPLIERS DO NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. GOOGLE AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CUSTOMER DATA AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR SECURING AND BACKING UP YOUR DATA. NEITHER GOOGLE NOR ITS SUPPLIERS, WARRANTS THAT THE OPERATION OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES, AND AS SUCH YOU WILL NOT USE THE SERVICES FOR SUCH ACTIVITIES.

  7. Limitation of Liability.

    7.1. Limitation to and Exclusion of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR GOOGLE'S SUPPLIERS, WILL BE LIABLE UNDER THESE TERMS FOR DIRECT, INDIRECT OR LOST REVENUES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE.

    7.2. Exceptions to Limitations. These limitations of liability do not apply to violations of a party's Intellectual Property Rights by the other party or indemnification obligations.

  8. Indemnification. Unless prohibited by applicable law, if you are a business or other legal entity, you will defend and indemnify Google, and its affiliates, directors, officers, employees, and users, against all claims, liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding arising from: (i) your misuse, or your End User's misuse, of the Services, (ii) your violation, or your End User's violation, of the Terms; or (iii) any misuse of Customer Data, including any violation of Privacy Laws in connection with the processing of Customer Data.

  9. Miscellaneous. 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 only the English language version of the Terms will be binding. The Terms do not create any third party beneficiary rights (unless the Terms expressly state that they do) 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. These Terms will not limit or supersede the terms of the Commercial Agreement. For information about how to contact Google, please visit our contact page. 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 and ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES 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.

  10. Definitions.

    • "Account" means your Android Things Console account and any other Google accounts that are necessary for carrying out tasks within the Android Things Console.

    • "Android Things SDK" means the Android Things operating system software development kit, including system files and packaged APIs, which Google makes available via the Android Things Console.

    • "Android Things Console" means the online console, and the associated tools, documentation and online services provided by Google through or in connection with the console, which may be used for accessing Software and for managing and monitoring devices that have integrated the Software.

    • "Customer Data" means content or data provided, transmitted, or displayed via the Services in connection with your or your End Users' use of the Services; but excluding any data provided when you create your general Google account (either under a gmail.com address or an email address provided under the "Google Apps" product line).

    • "End Users" means the individuals that you permit to use the Services on your behalf, including in connection with any use of a device that has integrated the Software.

    • "High Risk Activities" means uses such as the operation of nuclear facilities, air traffic control, life support systems, or any other use where the use or failure of the Services could lead to death, personal injury, property damage or environmental damage.

    • "Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights, whether domestic or anywhere in the world.

    • "Privacy Laws" means all applicable privacy, data security, and data protection laws, directives, regulations, and rules in any applicable jurisdiction.

    • "Software" means any downloadable tools, software development kits (including the Android Things SDK) or other such proprietary computer software made available for download by Google via the Android Things Console, including any Updates.

    • "Updates" means any periodic Software updates provided by Google to you from time to time. Updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.

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