Terms of Service for Actions on Google
Thank you for using Actions on Google, a platform that lets you integrate your services with Google's assistive products and services ("Actions on Google").
(A) By accessing or using Actions on Google, you are agreeing to the Google APIs Terms of Service at https://developers.google.com/terms/ (or such other URL as Google may provide) and these Actions on Google Additional Terms (the "Actions Additional Terms").
(B) Additionally, you may have access to certain Firebase tools or Google Maps Platform. Any use of Firebase is subject to the Firebase Terms of Service. Any use of Google Maps Platform is subject to the Google Maps Platform Terms of Service.
(C) Collectively, we refer to the Google APIs Terms of Service, these Actions Additional Terms, any other applicable terms listed in Section 1.1 (Incorporation by Reference), any accompanying API documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us.
(D) We may refer to "Google" as "we", "our", or "us" in the Terms. Google may use its affiliates in connection with the performance of its obligations and exercise of its rights under these Terms.
(E) The Terms apply to you, your agents, the service provider(s) you work with, and both your and their employees, representatives, agents, and suppliers (collectively "you").
1 Applicable Terms.
1.1 Incorporation by Reference. To the extent applicable, the following terms are incorporated by reference into these Terms:
(a) Google APIs Terms of Service. If you integrate your products, services, or materials with Actions on Google using an API, the Google APIs Terms of Service at https://developers.google.com/terms/(or such other URL as Google may provide) will apply. The Actions Additional Terms do not limit or amend the Google API Terms of Service unless expressly stated.
(b) Actions on Google Policies. All of your products, services, or materials must comply with the policies for Actions on Google at https://developers.google.com/actions/distribute/general-policies(or such other URL as Google may provide) (the "Actions on Google Policies").
(c) Terms for Other Product(s). If at any time your services use other Google products or services ("Other Google Product(s)"), then the terms for those Other Google Product(s) will also apply. For example, if you use Firebase in the service that you provide through Actions on Google, the Firebase Terms of Service will apply in addition to these Terms. The use of third-party products or services is subject to their applicable terms.
1.2 Order of Precedence. To the extent there are any conflicts, the following order of precedence will apply:
(a) Other Google Product(s)' terms of service (for example, the Firebase terms of service);
(b) other agreements between the parties covering the same subject;
(c) Actions on Google Policies;
(d) all other Actions Additional Terms; and
(e) Google APIs Terms of Service.
1.3 All other Terms are Void. Google objects to any additional or different terms in your terms of service or other documents, including any of your API terms of service. Those other terms of service and documents will be considered material alterations to these Terms and are void.
2.1 "including" means "including but not limited to".
2.2 "Your Content" means all content made available by you to Google through Actions on Google in connection with your action(s) (including content you make available through the developer console, APIs, SDKs, and tools that enable Actions on Google).
2.3 "Your Services" means (a) your products, services, and technology, including Your Content; and (b) the products, services, and destinations to which you direct users through your action.
2.4 Any examples in these Terms are illustrative and not the sole examples of a particular concept.
3 The "Actions on Google" Platform.
3.1 Modification. Google may modify or deprecate various features of Actions on Google at any time.
3.2 Beta Features. Some features of Actions on Google are identified as "Beta" or otherwise unsupported or confidential (collectively, "Beta Features"). You may not disclose the terms or existence of any non-public Beta Features.
3.3 Minimum Requirements
(a) Compliance. In order to use Actions on Google, you and your service providers and agents must comply with any applicable requirements described in the Actions on Google Policies or any other policies provided to you by Google (the "Policies").
(i) Accurate Information. You must provide honest, complete, and accurate information in connection with Actions on Google, including to third parties.
(ii) Compliance with Policies. You must comply with all applicable Policies. Google may reject or remove certain of Your Services or Settings at any time if you don't comply with the Policies.
(iii) Compliance Certification. You may be required to certify compliance with the requirements from time to time, as described in the Policies.
(iv) Access Denial. Access to Actions on Google may be denied if you fail to satisfy the requirements at any time.
(b) Cooperation. You will cooperate if Google or its partners seek to gather information about you or the Services to verify identity, confirm compliance with requirements, for quality assurance purposes, or as required to operate Actions on Google.
(c) Developer Access. If you operate a platform similar to Actions on Google, you may only use Actions on Google if your platform allows all developers at least substantially similar access and functionality as Actions on Google.
3.4 Prohibited Actions. In connection with Actions on Google, you will not, and will not authorize any third party to:
(a) generate automated, fraudulent or otherwise invalid activity (including queries, clicks or conversions);
(b) conceal ad- or transaction-related activity that must be disclosed; or
(c) attempt to interfere with Actions on Google's proper functioning.
3.5 Research and Testing. To improve Actions on Google, you authorize Google to periodically conduct research and tests that may affect your use of Actions on Google, including voice recognition, sounds, disclosures, labeling, formatting, size, targeting, placement, quality, ranking, performance, pricing, and other adjustments. To ensure the timeliness and/or validity of test results, you authorize Google to conduct such research and tests without notice or compensation to you.
3.6 Consent to Receive Communications about Your Action.
(a) You agree that Google may contact you (including by text message) at the e-mail address or telephone number you provide when you register your Action to provide you with information about Actions on Google, your Action or any applicable terms or policies.
(b) You represent and warrant that you are the owner or subscriber of record for the email address or telephone number (or have been duly authorized to use and grant others permission to contact that telephone number or email address).
(b) Google will not rely on the permission granted by this section to initiate text messages for advertising purposes.
(c) Nothing in this Section 3.6 (Consent to Receive Calls and Text Messages) will affect any consent to receive advertising-related calls or text messages that you may grant to Google outside of this section.
(d) Standard message and data rates may apply to your receipt of Google text messages.
3.7 De-registering Action. If you de-register your action from the Actions on Google developer platform, your action will no longer be available to end users.
3.8 Advertising and Other Promotional Opportunities. If you opt-in to certain advertising or other promotional opportunities you will be subject to any additional applicable terms.
3.9 Test Accounts. Google may create test accounts or use existing accounts to evaluate your Services.
4 Transaction Terms.
4.1 Applicable Terms and Policies. If you use Actions on Google's Transactions APIs, then the Google Pay API Terms of Service ("Google Pay API Terms") will apply to your use of those APIs, and are incorporated by reference into these Terms, subject to Section 4.2 (Google Pay API Terms Modifications). You must also comply with the transaction requirements in the Actions on Google Policies in addition to the policies or guidelines referenced in the Google Pay API Terms.
4.2 Google Pay API Terms Modifications. The Google Pay API Terms are modified as follows:
(a) references to "Google Pay API" also include the "Actions on Google Transaction API" and
(b) Sections 8 (Co-Marketing Agreements) and Section 9 (Governing Law and Arbitration) are deleted.
4.3 Other Marketplaces. You may use the Actions on Google Transactions API(s) to process transactions on Google Play or other Google transaction platforms (each a "Google Marketplace"), in which case you must separately agree to the terms of service applicable to such Google Marketplace and satisfy any applicable requirements.
5 Your Services.
5.1 Authorization to Use Your Services. To participate in Actions on Google, you authorize Google and its affiliates to:
(a) access Your Services and include them in the Actions on Google platform;
(b) distribute Your Services as part of Actions on Google through any Google products and services (including Google products and services made available on third-party devices and interfaces);
(c) format or modify Your Content to make it function properly on Actions on Google;
(d) use Your Content to assist customers and improve Google's products and services, including the Actions on Google ecosystem; and
(e) use and disclose information relating to Your Services, including to: (i) meet any applicable legal obligation, including enforceable government requests; (ii) enforce the Terms and investigate potential violations; (iii) detect, prevent, review or otherwise address abuse, fraud, security or technical issues; or (iv) protect against harm to the rights, property, or safety of Google, our users, or the public as required or permitted by law.
5.2 Your Responsibilities. You are solely responsible for:
(a) Your Services, including customer service and claims, and communications and reporting among the individuals and entities involved in providing Your Services;
(b) settings and other decisions you make through the Actions on Google developer console, including those where you were assisted by any Google-provided features ("Settings"); and
(c) your use of Actions on Google (including your safeguarding of accounts, usernames, and passwords).
6 Representations and Warranties. You represent and warrant that:
(a) Rights in Your Content and Your Services. You have and will retain all necessary rights to grant the licenses in this Agreement and to provide Your Services through Actions on Google;
(b) Accurate Information. All information, authorizations, and Settings you provide are complete, correct, and current;
(c) No Deceptive Practices. You will not engage in deceptive, misleading, and/or unethical practices in connection with Your Services or their promotion and will make no false or misleading representations with regard to Google or its products or services;
(d) Compliance with Laws. You will comply with all applicable laws, rules, and regulations in connection with Actions on Google; and
(e) Authorization to Act. You are authorized to act on behalf of, have bound to these Terms, and will be liable under these Terms for, each individual or entity involved in Your Services.
7 Disclaimers. The following disclaimers apply in addition to those in Section 9(a) (WARRANTIES) of the Google APIs Terms of Service at https://developers.google.com/terms/ (or such other URL as Google may provide):
TO THE FULLEST EXTENT PERMITTED BY LAW, ACTIONS ON GOOGLE IS PROVIDED "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS," AND YOU USE IT (INCLUDING ITS DEVELOPER CONSOLE) AT YOUR (AND ANY SERVICE PROVIDER'S) OWN RISK. NONE OF GOOGLE, ITS AFFILIATES, OR ITS PARTNERS MAKE ANY WARRANTY OR GUARANTEE IN CONNECTION WITH ACTIONS ON GOOGLE OR RESULTS FROM ACTIONS ON GOOGLE. GOOGLE MAKES NO PROMISE TO INFORM YOU OF DEFECTS OR ERRORS.
8 Defense and Indemnity. The following defense and indemnity obligations apply in addition to those in Section 9(c) (Indemnification) of the Google APIs Terms of Service at https://developers.google.com/terms/ (or such other URL as Google may provide):
You will defend and indemnify Google, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising out of or related to Your Services or any breach of these Terms by you (including claims made by customers, third parties, or your personnel arising out of or related to Your Services).
9 Limitations of Liability. The following limitations of liability apply in addition to those in Section 9(b) (LIMITATIONS OF LIABILITY) of the Google APIs Terms of Service at https://developers.google.com/terms/ (or such other URL as Google may provide):
YOU WILL NOT ATTEMPT TO HOLD GOOGLE, ITS AFFILIATES, OR ITS PARTNERS RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS BY ANY THIRD PARTY IN CONNECTION WITH ACTIONS ON GOOGLE, INCLUDING WITH RESPECT TO ANY THIRD PARTY'S ACTIVITIES ON YOUR CONTENT, REGARDLESS OF THE THIRD PARTY'S INTENT.
10 Brand Features.
10.1 Google's Brand features. You may use Google's Brand Features in accordance with Section 6 of the Google APIs Terms of Service.
10.2 Your Brand Features.
(a) Subject to these Terms, you grant to Google and its affiliates a limited, non-exclusive, worldwide, royalty-free license to display your Brand Features to market Actions on Google. Google and its affiliates may include your Brand Features: (i) on any Google-owned online or mobile properties; (ii) on Google or non-Google properties promoting Actions on Google or the Google Assistant, including product listings or promotions and offline marketing; (iii) in presentations; and (iv) in lists of Actions that appear either online or on mobile devices (including lists posted on Google websites). If your Action is de-registered from Actions on Google, Google will stop using your Brand Features for such marketing purposes after the de-registration date, but will not be required to recall previously-published marketing material that included those Brand Features in fixed media or other media that would not be reasonably practical to recall (e.g., social media posts).
(b) You own all right, title and interest (including all intellectual property rights) in your Brand Features. Except to the limited extent expressly provided in this Section 10.2, you do not grant Google any right, title or interest (including any implied license) in any of your Brand Features. Google's use of your Brand Features (including any associated goodwill) will inure to your benefit.