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Submission: On May 23 via manual from US — Scanned from US
Submission: On May 23 via manual from US — Scanned from US
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menu GOOGLE WORKSPACE SERVICE SPECIFIC TERMS Last modified: May 3, 2023 For translations of these Service Specific Terms into other languages, please click here. Capitalized terms not defined in these Service Specific Terms for Google Workspace (formerly known as G Suite) have the meaning stated in the Google Workspace Services Schedule to the Google Cloud Master Agreement, Google Workspace for Education Agreement, or other applicable agreement governing the use of Google Workspace Services (in each case, the "Agreement"). 1. 1. Data Regions. The following terms apply only to the Google Workspace Services and to the Customer Data described in the definition of "Located Data" in Section 1.3 (Definitions) of these Service Specific Terms: 1. 1.1 Primary Data Storage. If Customer is using an In-Scope Edition of the Services, Customer may use the Admin Console to select a Data Region to store Located Data at rest and Google will, in accordance with applicable law, store such Located Data accordingly ("Google Workspace Data Regions Policy"). 2. 1.2 Limitation. For any Customer Data that is not covered by the Google Workspace Data Regions Policy, Google may store any Customer Data that is not covered by the Google Workspace Data Regions Policy anywhere Google or its Subprocessors maintain facilities, subject to Section 10.2 (Restricted European Transfers) of the Cloud Data Processing Addendum (if applicable). 3. 1.3 Definitions. 1. "Located Data" mean only the following primary data within Customer Data for the corresponding Service: 1. (a) Gmail: subject line and body of email, attachments, and senders and recipients of messages. 2. (b) Google Calendar: event title and description of event, date, time, invitees, frequency and locations. 3. (c) Google Docs, Google Sheets, and Google Slides: file body text, embedded images, and associated End User-generated comments. 4. (d) Google Drive: original file content uploaded to Drive. 5. (e) Google Chat: messages and attachments. 6. (f) Google Vault: Vault exports. 2. "Data Region" means either: (a) the United States or (b) Europe. 3. "In-Scope Edition" means the following editions: 1. (a) G Suite Business 2. (b) Google Workspace Enterprise Plus 3. (c) Google Workspace for Education Standard 4. (d) Google Workspace for Education Plus 2. 2. Google Vault. The following terms apply only to Google Vault: 1. 2.1 Retention. Google will have no obligation to retain any archived Customer Data after the date of expiry of the retention period specified by Customer or the Order Term applicable to the relevant Google Vault licenses, unless: (a) such retention period or Order Term is renewed; (b) applicable legislation or legal process prevents Google from deleting the data; or (c) the data is subject to a legal hold imposed by Customer. If Customer does not renew its purchase and use of Google Vault, then Google will have no obligation to retain any archived Customer Data. 3. 3. Google Workspace Essentials. The following terms apply only to the Google Workspace Essentials and/or Google Workspace Essentials Starter edition(s), as indicated: 1. 3.1 Invoice Issuance. 1. (a) If Customer orders the Google Workspace Essentials edition directly from Google, then, as part of the payment and billing obligations between Google and Customer, (i) Google will send Customer a monthly invoice for Fees accrued during the previous month unless otherwise stated at the URL designating the Fees for an applicable SKU and (ii) Customer will accrue and pay for all Fees based on: (A) the number of Customer's Active Users per month (or, if Customer has no Active Users in any month, a minimum of one (1) Active User for that month) and (B) any committed purchases or minimum commitments, if applicable. Google's measurement tools will be used to determine Customer's usage of the Services if applicable to Fees. 2. (b) Fees for Resold Customers. If Customer orders the Google Workspace Essentials edition from Reseller, the Fees for the Services will be set between Customer and Reseller, except that Google's measurement tools will be used to determine Customer's usage of the Services if applicable to Fees. 2. 3.2 Tracking and Billing of Active Users and Storage. Whether Customer orders the Google Workspace Essentials and/or Google Workspace Essentials Starter edition(s), Google may block any behavior that attempts to circumvent the tracking and billing of Active Users or storage, as applicable. 3. 3.3 SLA Credits. If Customer orders Google Workspace Essentials edition directly from Google, any Service Credits that may be due to Customer will be issued in the form of monetary credits (and not additional Service days) that will be applied to Customer's next invoice. If Customer orders Google Workspace Essentials edition from Reseller, Google will issue to Reseller any Service Credits that may be due to Customer in the form of monetary credits (and not additional Service days). 4. 3.4 SLA and Technical Support Service Exclusions. If Customer orders the Google Workspace Essentials Starter edition, the SLA will not apply to any services comprised within that edition (notwithstanding that the SLA may define such services as Google Workspace Covered Services) and TSS will not be available. 5. 3.5 Termination for Inactivity or Convenience. If Customer orders the Google Workspace Essentials Starter edition, Google reserves the right to terminate the Agreement and the provision of the Services: 1. (a) on 30 days’ notice to Customer if, for any period of 60 consecutive days preceding the date of the notice, there has been no access to the Admin Console or use of the Services by Customer or any of its End Users; or 2. (b) for convenience on 90 days’ notice to Customer. 6. 3.6 Definitions. "Active User" means an End User of the Google Workspace Essentials edition who (a) hosts or joins a video meeting in Google Meet at least once during the calendar month or (b) opens a file in Google Drive at least once during the calendar month. 4. 4. Cloud Search. The following terms apply only to Cloud Search: 1. 4.1 Third Party Data Sources. Customer's use of third party data sources in connection with Cloud Search Platform is subject to and governed by the terms of service and other agreements between Customer and the applicable provider of the third party data source ("Third Party Data Source Terms"). Customer is solely responsible for compliance with such Third Party Data Source Terms, including ensuring necessary rights to allow Google to access or use such third party data sources for provisioning Cloud Search Platform to Customer. 2. 4.2 The Cloud Search Product Roadmap will be offered to Cloud Search customers on a periodic basis for informational purposes only. Features or updates on the Cloud Search Product Roadmap are not guaranteed and Google is not obligated to provide them as part of the Services. Customer may provide feedback or feature requests for Google's consideration, which Google may in its sole discretion consider adding to the future iterations of the Cloud Search Product Roadmap. Google is not obligated to implement any feedback or feature request, whether or not it is added to the Cloud Search Product Roadmap. 3. 4.3 Additional Definitions. 1. "Cloud Search Product Roadmap" means a document containing planned product features and updates to Cloud Search. 2. "Item" or "Document" means any piece of digital content that Cloud Search can index, including, if applicable, DOCS, XLS, PPT, and PDF files, a row in a database, unique URLs or any of the supported file types. 3. "Search Query" means a request sent by Customer to Google using Cloud Search to retrieve information or a set of results. 4. "Search Application" means a configuration of Cloud Search created and managed by Customer or their designee to enable a specific business use case, such as searching across documents in an intranet portal or Customer's support tool. 5. 5. Cloud Identity Services. The following terms apply only to Cloud Identity Services: 1. 5.1 Governing Agreement. If this Agreement and a separate Google Cloud Platform agreement both apply to Customer’s use of Cloud Identity Services under the Account, then (a) this Agreement will govern those Cloud Identity Services for as long as it remains in force; (b) if Customer’s Google Cloud Platform agreement remains in force when this Agreement expires or terminates, then that Google Cloud Platform agreement will govern Customer’s continued use of those Cloud Identity Services under the Account; and (c) if Customer’s Google Cloud Platform agreement is no longer in force when this Agreement expires or terminates, then the terms at https://cloud.google.com/terms/identity will govern Customer’s continued use of the Cloud Identity Services under the Account. This section will survive expiry or termination of this Agreement. 2. 5.2 Additional definitions. 1. “Google Cloud Platform” means the then-current services described at https://cloud.google.com/terms/services. 6. 6. Pre-General Availability Offerings Terms. Google may make available to Customer pre-general availability Google Workspace features, services, or software that are identified as "Early Access," "Alpha," "Beta," "Preview," "Experimental," or a similar designation in the Services Summary, related documentation or materials, or a Test Application (as defined below) (collectively, "Pre-GA Offerings" ). While Pre-GA Offerings are not Services, Customer's use of Pre-GA Offerings is subject to the terms of the Agreement applicable to Services, as amended by this Section 6. 1. 6.1 Access to and Use of Pre-GA Offerings. 1. (a) Test Applications. Customer may apply to be a test user of one or more Pre-GA Offerings by submitting the application(s) available via the Admin Console or otherwise from Google ("Test Application(s)"). If Google accepts Customer as a test user of any Pre-GA Offering (based on Google's then-current domain level requirements for test users), Google will make that Pre-GA Offering available for use by Customer subject to the terms of this Section 6. Additional terms ("Specific Test Terms") may apply to that Pre-GA Offering and, if applicable, will be provided by Google via the Test Application or otherwise in writing before any use by Customer of the Pre-GA Offering. The Test Application and any Specific Test Terms are incorporated into this Section 6. 2. (b) Use of Customer Test Data. Subject to Section 6(d) (Use Restriction for Government Customers) of this Section 6, Google may, and Customer will (including by collecting or providing any required consents or notices) ensure that Google may use any Customer Data (including Customer Personal Data) submitted, stored, sent or received via any Pre-GA Offerings by Customer or its End Users ("Customer Test Data") to provide, test, analyze, develop and improve those Pre-GA Offerings and any Google products and services used with them without any restriction or obligation to Customer, any End User or any third party, other than as stated in the Agreement's confidentiality provisions and below. 3. If Customer has accepted or the parties have otherwise agreed to Google's then-current terms describing data protection and processing obligations with respect to Customer Data as stated at https://cloud.google.com/terms/data-processing-addendum (the "Cloud Data Processing Addendum" or "CDPA" ), the CDPA will apply to Pre-GA Offerings as "Services" for purposes of the CDPA and, for clarity, this Section 6 will form part of the "Agreement" referred to in Section 5.2.1 (Customer's Instructions) of the CDPA, subject to the following amendments: 1. (i) Pre-GA Offerings are not "Audited Services" under the CDPA; 2. (ii) Customer acknowledges that, for purposes of Section 6.1 (Deletion by Customer) of the CDPA and to the extent permitted by applicable law, the functionality of the Pre-GA Offerings may not allow deletion of Customer Test Data during the period during which Customer is permitted to use the Pre-GA Offering ("Pre-GA Term"), but that Customer Test Data will be deleted upon expiration of the Term in accordance with Section 6.2 (Return or Deletion When Term Ends) of the CDPA; 3. (iii) Unless stated otherwise in the applicable Test Application: (A) information about Subprocessors (as defined in the CDPA) engaged in relation to Pre-GA Offerings, including their functions and locations, will be made available in writing by Google upon request from Customer; and (B) Google will inform Customer of the engagement during the Pre-GA Term of any New Third Party Subprocessor in relation to Pre-GA Offerings (including the name and location of the Subprocessor and its activities) by sending an email to the Notification Email Address before the Subprocessor starts processing any Customer Test Data. Customer may, as its sole and exclusive remedy if Customer objects to the Subprocessor, cease using the applicable Pre-GA Offering. 4. (c) No Data Location or Access Transparency. Customer Test Data processed under this Section 6 will not be subject to any data location or access transparency requirements (which can be found at https://cloud.google.com/access-transparency/ and https://workspace.google.com/terms/service-terms). 5. (d) Use Restriction for Government Customers. Unless authorized in writing by Google, the following Customers may only use test or experimental data with Pre-GA Offerings and are prohibited from using any "live" or production data in connection with Pre-GA Offerings: U.S. or other government customers, including federal, national, state, provincial, or local government or regulatory entities or agencies and excluding Customers that are educational institutions. 6. (e) Feedback. Customer may provide feedback and suggestions about the Pre-GA Offerings to Google, and Google and its Affiliates may use any feedback or suggestions provided without restriction and without obligation to Customer. 2. 6.2 Other Terms. PRE-GA OFFERINGS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND. Pre-GA Offerings (a) may be changed, suspended or discontinued at any time without prior notice to Customer and (b) are not covered by any SLA or Google indemnity. Except as otherwise expressly indicated in a Test Application or other documentation or materials for a given Pre-GA Offering, (i) Pre-GA Offerings may not be covered by TSS and (ii) Customer may not use Pre-GA Offerings to process protected health information as defined in HIPAA. With respect to Pre-GA Offerings, Google will not be liable for any amounts in excess of the lesser of (A) the limitation on the amount of liability stated in the Agreement or (B) $25,000. Nothing in the preceding sentence will affect exclusions from any limitation of liability in the Agreement with respect to the following: (1) death or personal injury resulting from negligence, (2) fraud or fraudulent misrepresentation, (3) infringement of the other party’s Intellectual Property Rights, or (4) matters for which liability cannot be excluded or limited under applicable law. Google may terminate Customer's use of a Pre-GA Offering at any time with written notice to Customer. 7. 7. Verification Using Domain Email Address.The following additional terms apply only when a Domain Email Address (rather than a Domain Name) is verified to use the Services: 1. 7.1 Inviting End Users. Customer may invite other users with a Domain Email Address to use the Services. If those users accept Customer's invitation to use the Services, they will be considered Customer's End Users under the Agreement. 2. 7.2 Domain Name Verification. 1. (a) Any person or entity may verify the Domain Name corresponding to the Domain Email Address at any time ("Verifying Party"). 2. (b) The Verifying Party will take ownership and control of End User Accounts corresponding with the Domain Name and all associated data within such End User Accounts immediately after verifying the Domain Name. 3. (c) Customer and all End Users will be notified when the Domain Name is verified. 4. (d) Administration After Domain Name Verification. The Verifying Party will be able to do the following with respect to Customer's Account and all such End User Accounts: (i) access, monitor, use, modify, withhold, or disclose Customer Data; (ii) control account settings (including changing account passwords); (iii) control access to and use of the Services; (iv) restrict ability to access information or settings; (v) restrict the ability to disassociate Customer's Account and all End User Account (including Customer Data and data within Customer's Account and all End User Account) from Verifying Party; (vi) remove or disable any Services, Additional Products or other services/products enabled, used, downloaded, or installed using Customer's Account or any End User Account corresponding with the Domain Name; and (vii) suspend or terminate use of the Services. 3. 7.3 Data Deletion. In a manner consistent with the functionality and administration of the Services, and unless use of the Services has been Suspended in accordance with the Agreement, at any time before the Verifying Party takes ownership and control of Domain Name and all associated End User Accounts (including Customer's Account), Customer or its End Users can delete or export Customer Data and/or delete its End User Account(s). After the Verifying Party takes ownership and control of Domain Name and all associated End User Accounts (including Customer's Account), Customer or its End Users may not be able to delete End User Account(s) and may not be able to delete or export any Customer Data depending on the administration of the Services. 4. 7.4 Data Processing Instruction. If no action to delete or export any Customer Data before the Verifying Party takes ownership and control of Domain Name and all associated End User Accounts (including Customer's Account), then, notwithstanding any term to the contrary in the CDPA (if applicable), Customer acknowledges that these Service Specific Terms form part of the Agreement and, as such, document Customer's specific instructions to Google to: (a) retain after termination of the Agreement as described in Section 7.6 (Termination After Domain Verification) all Customer Data that has not been deleted by Customer prior to such termination; and (b) make all such retained Customer Data available to the Verifying Party. 5. 7.5 Consent to Administration. Where applicable, Customer agrees to allow: (a) the Verifying Party to have the access and capabilities described in the Agreement; and (b) Google to provide the Verifying Party with the access and capabilities described in the Agreement. 6. 7.6 Termination After Domain Verification. Where the Verifying Party is a third party, this Agreement will automatically terminate when the Verifying Party takes ownership and control of the Domain Name and all associated End User Accounts (including Customer's Account). For clarity, this section does not affect any end user rights which may be granted by the Verifying Party under its own (separate) Google Workspace agreement. 7. 7.7 Services Limitations. Some Services, features and functionality, may not be available unless and until the Domain Name is verified. 8. 8. Google Telephony Services. The following terms apply only to (i) Google Voice and (ii) use of Google Meet to perform outbound dialing and accept inbound calls ("Google Meet Telephony"), as applicable (and for the purposes of this Section 8, Google Voice and Google Meet Telephony are collectively referred to as "Google Telephony Services"). THESE TERMS CONTAIN IMPORTANT INFORMATION ABOUT EMERGENCY SERVICES LIMITATIONS. PLEASE READ CAREFULLY: 1. 8.1 Google Telephony Services Parties and Contract Structure. 1. (a) Google Telephony Services Provider. Subject to Section 8.1(d), the applicable Google Affiliate listed in the applicable Service and Telephony Provider List (such Affiliate in each case, the "Google Telephony Service Provider" or "GTSP") will provide the applicable Google Telephony Services to Customer, as described in Section 8.1(b) (Google Telephony Agreement Structure). 2. (b) Google Telephony Agreement Structure. Subject to Section 8.1(d) and in relation only to the applicable Google Telephony Services, the Google Workspace Entity is a duly authorised agent of GTSP and contracts on behalf of GTSP. Accordingly: 1. (i) If Customer chooses to order any Google Telephony Services in addition to the other Services ordered by Customer under the Agreement, this Section 8.1 together with the other terms of the Agreement (including the CDPA and all limitations of liability) will form a separate agreement (the “Google Telephony Agreement”) entered into by the applicable GTSP (via the Google Workspace Entity as its duly authorised agent) and Customer with respect to such Google Telephony Services only, subject to the remaining terms of this Section 8.1. 2. (ii) The Google Telephony Agreement will take effect as of the effective date of Customer's initial order of Google Telephony Services and, subject to earlier termination in accordance with its terms, will continue until the earliest to occur of (A) termination of the Google Telephony Agreement in accordance with its terms; or (B) termination or expiration of the Agreement. The Google Telephony Agreement will supersede the Agreement only with respect to the Google Telephony Services. 3. (iii) For the purposes of the Google Telephony Agreement, all references (excluding those in the Services Summary and this Section 8 of these Service Specific Terms) to "Agreement" are replaced with "Google Telephony Agreement"; to the entity "Google" are replaced with "GTSP"; and to "Services" or "Core Services" are replaced with "Google Telephony Services." 4. (iv) Customer may enforce rights and benefits under the Google Telephony Agreement against GTSP only, not the Google Workspace Entity, and will owe obligations under the Google Telephony Agreement (including obligations to pay all applicable Fees) to GTSP only, not the Google Workspace Entity. 5. (v) Notwithstanding anything to the contrary in the Agreement, in the event of a conflict between this Section 8.1 and any other term of the Google Telephony Agreement (including the “Conflicting Terms” section of the Agreement and the “Precedence” section of the CDPA), the terms of this Section 8.1 will prevail. 6. (vi) Either party may terminate the Google Telephony Agreement separately from the Agreement as set out in the “Term and Termination” section of the Agreement. If Customer terminates its use of Google Voice as described in Section 8.10 (Termination of Google Voice by Customer), such termination will automatically terminate the Google Telephony Agreement. 3. (c) Regional Terms. The Regional Terms are incorporated into the Google Telephony Agreement and apply to the extent an End User uses Google Voice in a country described in the Regional Terms. 4. (d) Applicability. For Customers with a billing address in Canada, France, or Italy: (i) Section 8.1(a) (Google Telephony Services Provider) and Section 8.1(b) (Google Telephony Agreement Structure) do not apply with respect to Google Voice; (ii) Google will provide Google Voice to Customer; and (iii) with respect to Google Voice, all references to the "Google Telephony Service Provider" or "GTSP" in these Service Specific Terms mean Google. 2. 8.2 Provision of Google Telephony Services. 1. (a) Data Use. 1. (i) Data Collection and Use. GTSP will collect and use Customer Data in accordance with the Google Telephony Services Privacy Disclosure provided at https://workspace.google.com/terms/service-terms/voice/privacy_disclosure.html. 2. (ii) Subscriber Directory. GTSP will not provide Customer's or its End Users' Google Voice numbers to directory services unless requested to do so by Customer or otherwise required by law. 2. (b) Telephony Providers. 1. (i) Affiliate Providers. GTSP may use its Affiliates to provide Google Telephony Services as described in the Service and Telephony Provider List. 2. (ii) Non-Affiliate Telephony Providers. GTSP and its Affiliates use non-Google third party subcontractors ("Telephony Providers") to route inbound and outbound telephone calls, as applicable, via the public switched telephone network (PSTN). Telephony Providers and their locations are identified in the Service and Telephony Provider List. By using Google Telephony Services, Customer instructs GTSP to engage, and to have its Affiliates engage, Telephony Providers to: 1. (1) route outbound and inbound telephone calls, as applicable; and 2. (2) process Customer Data as independent controllers in the countries in which they are located: 1. a) to the minimum extent required for such routing; and 2. b) in accordance with applicable laws (including European data protection laws and telecommunications regulations). 3. For clarity, Telephony Providers are not Subprocessors (as defined in the CDPA). 3. 8.3 Additional Payment Terms. 1. (a) Google Telephony Services Invoices. Applicable Fees and other costs arising from Customer's or End Users' use of Google Telephony Services are invoiced separately from other Google Workspace Services, and are subject to the payment terms of the Google Telephony Agreement. 2. (b) Calling Rates. In addition to the Fees, Customer will pay GTSP for calls based on usage, if applicable. These usage costs are calculated using the then-current applicable Calling Rates. 3. (c) Taxes. Notwithstanding anything to the contrary in the Google Telephony Agreement, Customer will pay applicable Taxes regardless of any tax exemption certificates. Invoiced Taxes may include Taxes associated with an End User's use of Google Telephony Services outside of the country in which the End User is using Google Telephony Services. 4. 8.4 Google Voice Requirements; GTSP Disclaimer. 1. (a) Google Voice Requirements. This Section 8.4(a) applies only to Google Voice and NOT to Google Meet Telephony. Use of Google Voice may require a separate broadband or mobile data connection and an End User device compatible with certain minimum technical requirements. GTSP will make available to Customer a description of any minimum device requirements. Out-of-country or other roaming usage of Google Voice may incur higher costs to End Users from their mobile network operators. 2. (b) GTSP Disclaimer. GTSP is not responsible for any disruption or failure of Google Telephony Services due to delays, outages, or disruptions in: (i) Customer's data connection, (ii) Telephony Providers' networks, or (iii) the operation of Customer or End User devices. Using Google Telephony Services on mobile devices may use End Users' voice or data allowances purchased from their mobile network operators. 5. 8.5 Google Voice Capabilities. This Section 8.5 applies only to Google Voice and NOT to Google Meet Telephony. 1. (a) Number Assignment and Availability. Where Google Voice permits assignment of phone numbers, the following will apply: 1. (i) number activation may require collection by GTSP of information required by applicable telecommunications regulations, including Customer's service address and tax ID; 2. (ii) in some countries, the service address must match the area covered by the number to be assigned; 3. (iii) number activation may not be instantaneous upon request; and 4. (iv) inactive numbers may be removed from Customer’s account. 2. (b) Number Porting. Customer may port existing numbers from other service providers to Google Voice, to the extent Google Voice offers number assignment, and may request that assigned phone numbers be released to another service provider, subject to Sections 8.5(b)(i)-(iv) below. 1. (i) Inbound Porting. To transfer a number from another service provider, Customer must follow the process described at support.google.com/a/go/voice-porting, as that site may be updated from time to time. Customer may only port in numbers to an active account. Inbound number porting may not be available in all locations where Google Voice is offered. 2. (ii) Outbound Porting. To transfer an assigned number to another service provider, Customer must follow that service provider's porting process. GTSP will process the porting request upon notification from Customer's new service provider that Customer has submitted a porting request. GTSP is not responsible for any delays or disruptions in service caused by the number port out process, inaccurate or erroneous porting requests made by Customer or Customer's new service provider, or fraudulent porting requests made by third parties. 3. (iii) Customer Obligations. Customer is responsible for (A) the accuracy of information provided to GTSP associated with a porting request; (B) fees associated with porting a number, including fees associated with remaining numbers and plans; and (C) any Fees owed to GTSP associated with a number up to when the number is successfully ported, to the extent permitted by applicable laws. 4. (iv) Service Termination. GTSP may release any Google Voice number after termination or expiration of the applicable End User license if Customer does not port the number to another service provider prior to such termination or expiration. 3. (c) Caller ID. Google Voice allows the display of Customer's Google Voice number on receiving devices where technically possible. End Users may suppress the display of the number permanently or on a call by call basis. For technical reasons, GTSP may not be able to suppress Google Voice numbers in all cases, including calls to Emergency Numbers. 4. (d) Number Blocking. Upon Customer request, GTSP will block or unblock the use of Google Voice to call specific numbers, number ranges, or types of numbers (including value-added services) to the extent technically feasible. 5. (e) Call Recording. Google Voice may allow End Users to record individual telephone conversations. Customer agrees not to, and not to allow its End Users to, record telephone conversations without consent if such consent is required by applicable laws and regulations. 6. 8.6 Google Telephony Services Limitations. Google Telephony Services may not: 1. (a) include operator assisted dialing and calls to short codes (additional fees may apply for these calls); 2. (b) support "collect" or "chargeback" calls; or 3. (c) support calls or connections to certain numbers, including, as an example, premium rate numbers. 7. 8.7 Google Voice Use Restriction. This Section 8.7 applies only to Google Voice and NOT to Google Meet Telephony. Customer will not sub-assign numbers to, provide access to, or otherwise enable use of Google Voice by, individuals under the age of legal consent as determined by the applicable laws of the relevant jurisdiction. GTSP may suspend or permanently disable any accounts that are used by or provisioned to such individuals. 8. 8.8 Emergency Services. Subsection 8.8(a) applies only to Google Meet Telephony and NOT to Google Voice. All other subsections ((b) - (f)) of Section 8.8 apply only to Google Voice and NOT to Google Meet Telephony. 1. (a) One-way Dialing. Dialing to emergency services is not available for one-way dialing features of Google Meet Telephony. End Users will not be able to place or receive emergency services calls. Customer is responsible for ensuring that End Users have access to an alternative means of dialing emergency services. 2. (b) Two-way Dialing. Dialing to emergency services is supported by Google Voice. IP-based telephony emergency dialing services have certain limitations when compared to traditional emergency dialing and will function differently from traditional emergency dialing. The following provisions describe those limitations and differences; additional country-specific limitations are described in the Regional Terms. Customer hereby acknowledges and accepts the differences between traditional telephone services and IP-based telephony calls with respect to calls made to emergency services, as described herein: 1. (i) Description of Emergency Dialing Service. End Users of the two-way dialing features of Google Voice are capable of calling and receiving calls from emergency services free of charge. Emergency services vary depending on End User location. When an End User calls emergency services, GTSP will provide to emergency response operators the End User's phone number and address that Customer has provided to Google (see Section 8.8(d) (Customer Obligations) below). End Users may need to confirm their physical location and call-back number because the emergency operator may not have this information. 2. (ii) Limitations on Emergency Dialing Service. The following limitations apply to the availability of the Google Voice emergency dialing service: (A) the service may not be available in the event of an Internet or power outage or disruption; (B) emergency calls may take longer to connect to the Public Safety Answering Point than traditional emergency services dialing, may produce a busy signal or may not connect; (C) emergency calls may correctly connect to the PSAP, but the End User's phone number or location may not automatically be transmitted and the emergency services operator may not be able to call back; (D) emergency calls made while roaming may be routed to the local PSAP associated with the End User's registered address (Customer will advise End Users to use their native dialer while roaming); (E) deaf, hard of hearing, or speech impaired End Users should call local emergency services directly using TTY or a telecommunications relay service, instead of 711 or a local equivalent; (F) if End Users have multiple devices associated with their account number (i) return calls from the PSAP may not ring each associated device, and (ii) the emergency operator may see a phone number that is different from the End User's personal phone number; (G) if the End User has disabled incoming calls, the PSAP may not be able to call back; (H) if a call fails using Google Voice, End Users may be directed to complete emergency calls using the native dialer on their devices; and (I) emergency calling is not available through this calling service if (i) using the inbound-only Google Voice service, or (ii) calls are directed through the voice network of the user's mobile carrier, when using the native dialer of the End User's device. In Canada and certain other locations, the number and location provided by the emergency caller must be verbally provided by Google's emergency operator to the appropriate PSAP; if, however, the caller is unable to provide their location to the operator, the caller will be routed to the PSAP that services the caller's registered address. 3. (c) Texting to Emergency Services. Texting to emergency services may not be supported by Google Voice. Any text-to-emergency-services feature made available through Google Voice may not be supported over a Wi-Fi network. 4. (d) Customer Obligations. With respect to Section 8.8(b) (Two-way Dialing), Customer is responsible for the following: (i) ensuring that the address registered within Google Voice for each End User is the current physical address where the End User will use Google Voice (failure to provide current addresses may cause the wrong emergency response center to be contacted, and delay emergency response to End Users); (ii) informing End Users that their physical addresses will be shared with Telephony Providers; (iii) informing End Users that they may need to provide their physical location and call-back number to the PSAP, once connected; (iv) ensuring that End Users have access to an alternative means of calling emergency services; and (v) informing End Users of the limitations of the emergency dialing services (Customer may download and print a warning label to affix to all devices that may be used to access Google Voice at support.google.com/voice/go/emergency-services). 5. (e) Emergency Alerts. Emergency alerts may not be received via Google Voice if devices are set to Wi-Fi only mode, or cellular service is not available. 6. (f) Disclaimer of Emergency Services Liability. To the fullest extent permitted by law, neither GTSP nor any of its Affiliates will have any liability under the Google Telephony Agreement (whether in contract, tort (including negligence) or otherwise) for damages of any type (including direct and indirect damages) arising under or in connection with the use or attempted use of Google Voice to access emergency services, including but not limited to any inability to access such services, any delays in emergency service response, conduct of emergency services response centers or operators, or inaccuracy of information provided to emergency services by Telephony Providers or other third parties engaged by GTSP or its Affiliates to facilitate the provision of emergency services access. 9. 8.9 Suspension. In addition to the suspension rights described in the Google Telephony Agreement, GTSP may block incoming and outgoing Google Telephony Services calls or messages if GTSP reasonably determines that Customer or any End User has used Google Telephony Services to engage in the following prohibited activities: 1. (a) generating or facilitating bulk or automated messages, or unsolicited commercial messages; or 2. (b) inflating call traffic (e.g., traffic pumping, international revenue share fraud). 10. 8.10 Termination of Google Voice by Customer. This Section 8.10 applies only to Google Voice and NOT to Google Meet Telephony. In addition to any other termination rights, Customer may terminate its use of Google Voice at any time by providing written notice to GTSP. Customer must cease use of Google Voice immediately upon termination. 11. 8.11 Additional Definitions. 1. "Calling Rates" are the then-current dialing rates described at (i) for Google Voice, https://voice.google.com/rates, and (ii) for Google Meet Telephony, https://meet.google.com/u/0/tel/rates. 2. "End User" includes, (i) for the purposes of Google Voice, potential users who may be present at the physical location where a device connected to Google Voice is located and made available for use; and (ii) for the purposes of Google Meet, potential users who may use the Google Meet Telephony services to dial into or out of Google Meet meetings. 3. "Fees" includes, with respect to Google Voice, the fees described at https://workspace.google.com/products/voice. 4. "Google Workspace Entity" is the Google entity with which Customer contracts for other Google Workspace Services, as defined in the Agreement. 5. "Public Safety Answering Point" or "PSAP" means the applicable public safety answering point based on an End User’s registered location. 6. "Regional Terms" means the terms described at https://workspace.google.com/terms/service-terms/voice/regional_terms.html. 7. "Telephony Provider" has the meaning given in Section 8.2(b) (Telephony Providers) of these Service Specific Terms. 8. "Service and Telephony Provider List" means the then-current list of Service and Telephony Providers at (i) for Google Voice, https://workspace.google.com/terms/service-terms/voice/providers.html, and (ii) for Google Meet Telephony, https://workspace.google.com/terms/service-terms/meet-telephony/providers.html. *If an offline document refers to "Google Voice Service Provider" or "GVSP," those references are deemed to be "Google Telephony Services Provider" or "GTSP" as used in these Service Specific Terms and the Google Telephony Agreement. 1. 9. Google SIP Link. Google SIP Link is available in the countries where Google Voice is available (as described at https://support.google.com/a/answer/9206529 or a successor URL) and in the countries listed at https://support.google.com/a?p=sipcountries (or a successor URL). Customer may use Google SIP Link to make calls with Google Voice using Customer’s systems integrator, carrier, or other partner who provides telephone service to Customer independent of Google Voice (“SIP Provider”), even if Customer has not purchased Google Voice. The following terms apply to Customer’s use of Google SIP Link: 1. (a) Porting phone numbers to Customer’s SIP Provider must be effectuated by the SIP Provider. 2. (b) Customer acknowledges and agrees that Google may place calls to Customer to validate Customer’s trunk configuration or verify number ownership. Customer consents to receiving any such calls, including from an automated system. 3. (c) Customer is responsible for ensuring that any calls to emergency services made by a Google SIP Link user will be routed via the SIP Provider. Further, Customer must make any updates to its location or address for the purposes of emergency services through the SIP Provider. 4. (d) For clarity, SIP Providers are not Subprocessors (as defined in the Cloud Data Processing Addendum). 1. 10. Google Drive. The following terms apply only to Drive: 1. 10.1 Use of Google Drive for Content Distribution. Google Drive is not intended for use as a content distribution network and Google may restrict Google Drive usage and access if Google, in its reasonable discretion, determines that Google Drive is being used in violation of the AUP or for infringing, unlawful or bulk distribution of content including videos. Any Google Drive-hosted video that is shared publicly outside of Customer's domain must comply with YouTube Community Guidelines (available at https://www.youtube.com/howyoutubeworks/policies/community-guidelines/ or a successor URL). 1. 11. User Experience Research. If Customer enrolls in the Google Cloud User Experience Research Program for Google Workspace, 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. 1. 12. Client-Side encryption. Google is not responsible for any aspect of the external encryption key management service chosen by Customer. Customer bears sole responsibility for that service, including all encryption keys generated by such key management service for use with Client-side encryption. Notwithstanding any term to the contrary in the CDPA, Google will be unable to recover any encryption key or any Customer Data encrypted by that encryption key if the encryption key is lost, stolen, or corrupted. Client-side encryption will become entirely unavailable for all applicable Services if the external key management service is interrupted or becomes inaccessible. 1. 13. Regional Terms. 1. 13.1 Japan. If Customer’s billing address is in Japan, then Gmail, Chat, and Meet will be provided by Google Connect Asia Pacific Pte. Ltd. ("GCAP"), although invoices will still be sent by Google Asia Pacific Pte. Ltd. In relation only to the foregoing Services, Google Asia Pacific Pte. Ltd. is a duly authorised agent of GCAP and contracts on behalf of GCAP. 2. 13.2 France. Customer will comply with France's General Security Policy for Health Information Systems (PGSSI-S) to the extent applicable. Previous Versions January 11, 2023 October 31, 2022 October 11, 2022 September 22, 2022 September 19, 2022 July 7, 2022 March 31, 2022 March 15, 2022 February 1, 2022 September 30, 2021 June 3, 2021 April 14, 2021 December 21, 2020 October 6, 2020