Last modified: April 2, 2020
Thank you for using Verified Calls ("Verified Calls"), a platform and associated software that enables businesses to have their calls verified so you can be sure of the party trying to reach you.
A. These Verified Calls Terms of Service ("Verified Calls Terms") are entered into by Google LLC and you (the entity agreeing to these terms).
B. These Verified Calls Terms form a binding agreement between the parties and are effective as of the earliest date you confirmed acceptance in writing, clicked to accept the Verified Calls Terms, or used Verified Calls. If an individual is accepting on your behalf such individual represents and warrants that: (i) such individual has full legal authority to bind you to these Verified Calls Terms; (ii) the individual has read and understands these Verified Calls Terms; and (iii) the individual agrees, on your behalf, to these Verified Calls Terms. These Verified Calls Terms govern your access to and use of Verified Calls.
C. By accepting these Verified Calls Terms, you are agreeing to the Google APIs Terms of Service at https://developers.google.com/terms/ (or such other URL as we may provide) (the "General API Terms").
D. Additionally, you may have access to other tools and services provided by Google and its affiliates. Any use of such tools and services may be subject to separate terms and conditions.
E. Collectively, the General API Terms, any other applicable terms listed in Section 1.1 (Incorporation by Reference), any accompanying API documentation, and any applicable policies and guidelines are part of these Verified Calls Terms. You agree to comply with the Verified Calls Terms and that the Verified Calls Terms control your relationship with us.
F. We may refer to Google LLC as "Google," "we," "our," or "us" in the Verified Calls Terms. Google may use its affiliates in connection with the performance of its obligations and exercise of its rights under these Verified Calls Terms.
G. The Verified Calls Terms apply to you, your agents, the service provider(s) or brand(s) you work with, and both your and their employees, representatives, agents, and suppliers (collectively "you" or "Company").
1. Applicable Terms; Modifications.
(a) Incorporation by Reference. To the extent applicable, the following terms are incorporated by reference into these Verified Calls Terms:
(b) General APIs Terms of Service. The General API Terms will apply to and are deemed part of these Verified Calls Terms. The parties agree (i) Verified Calls constitute "APIs", and (ii) these Verified Calls Terms constitute part of the "Terms", as each such term is defined in the General API Terms.
(c) Verified Calls Policies. All of your products, services, or materials must comply with the policies for Verified Calls available at https://developers.google.com/business-communications/verified-calls (or such other URL as we may provide) (the "Verified Calls Policies"). This includes the Acceptable Use Policies set out at https://developers.google.com/business-communications/support/aup (or such other URL as we may provide).
1.1 Terms for Other Product(s). If at any time your services use other Google or Google-affiliated products or services ("Other Product(s)"), then the terms for those Other Product(s) will also apply. For example, if you use Google Cloud Platform in the service that you provide through Verified Calls, the Google Cloud Platform terms of service will apply in addition to these Verified Calls 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:
- Other Product(s)' terms of service (for example, Google Cloud Platform);
- Verified Calls Policies (including the Verified Calls Acceptable Use Policies);
- all other Verified Calls Terms; and
- General API Terms.
1.3 Entire Agreement; All other Terms are Void. The Verified Calls Terms are the entire agreement between you and Google relating to its subject and supersede any prior or contemporaneous agreements on that subject (including any previously executed early access agreement). We object 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 Verified Calls Terms and are void.
1.4 Modifications to these Terms.
Google may make changes to these Verified Calls Terms (including the Verified Calls Policies), including any terms relating pricing or payment from time to time. Unless otherwise noted by Google, material changes to these Verified Calls Terms will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If you do not agree to the revised Verified Calls Terms, please stop using Verified Calls. Google will post any modification to these Verified Calls Terms to the Terms URL (if the Terms URL is available).
2.1 "including" means "including but not limited to".
2.2 "Your Content" means all content made available by you to Google through Verified Calls including and in connection with your Verified Calls agent(s), including any business descriptions, brand features, logos, or technical data.
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.
2.4 "Terms URL" means, if/when available, the following URL set forth here https://developers.google.com/business-communications/verified-calls/support/tos/, as Google may update from time to time.
3. Verified Calls.
3.1 Minimum Requirements
(a) Compliance. In order to use Verified Calls, you and your service providers and agents must comply with any applicable requirements described in the Verified Calls Policies and any other policies provided to you by Google (the "Policies").
(b) Accurate Information. You must provide honest, complete, and accurate information in connection with Verified Calls, including to third parties.
(c) Actual Voice Call. Every API call must precede or follow a real voice call. The Verified Calls API is only to be used to verify phone calls to consumers, and not to obtain data, track customers, or any other purpose.
(d) 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.
(e) Compliance Certification. You may be required to certify compliance with the requirements from time to time, and as may be described in the Policies.
(f) Access Denial. Access to Verified Calls may be denied if you fail to satisfy the requirements at any time.
(g) Cooperation; Right to Review Spam Activity. You will cooperate if Google or its partners seek to gather information about you or Your Services to verify identity, confirm compliance with requirements, for quality assurance purposes, or as required to operate Verified Calls. You hereby permit Google to review your activity (including any activity of your Verified Calls agents) and/or end user spam reports associated with your activity, and agree to provide reasonable assistance to Google in this regard.
(h) Developer Access. If you operate a platform similar to Verified Calls, you may only use Verified Calls if your platform allows all developers at least substantially similar access and functionality as Verified Calls.
3.3 Prohibited Actions. In connection with Verified Calls, 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;
(c) attempt to interfere with the proper functioning of Verified Calls; or
(d) use or share user data without specific user consent for the specific use of that data.
3.4 Research and Testing; Reports.
(a) To improve Verified Calls, you authorize Google to periodically conduct research and tests that may affect your use of Verified Calls, including sounds, appearances, disclosures, labeling, formatting, size, placement, 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.
(b) Google may, from time to time, require that you provide reports or other aggregated statistical information relating to your parallel (or similar) non-Verified Calls campaigns, for the purposes of enabling Google to better understand, and improve, the efficacy of Verified Calls.
3.5 Authorization to Verify Calls.
(a) For clarity, call and call content delivery via phone call is not part of Verified Calls. It is your responsibility to deliver calls, and pay any associated fees, through mobile operators.
(b) In connection with your use of Verified Calls to request that Google verify your identify to end users based on phone number, you represent and warrant that you have been duly authorized by the subscriber of record to contact that telephone number via phone call.
(c) By providing any mobile or other telephone number to Google in connection with Verified Calls for use as an originating number ("Caller ID"), you: (a) represent and warrant that you are the sole subscriber of record for that Caller ID or have been duly authorized by the sole subscriber of record to use and grant others (including Google) permission to contact that Caller ID, (b) represent and warrant that the Caller ID is not capable of being used by any third party, (c) expressly authorize Google and its representatives to verify your identity relating to that Caller ID in connection with Verified Calls, and (d) the subscriber of record for the telephone number is a business, non-profit, or public entity (but not a living individual).
4. Resale Right; No Fees; Rights Reserved.
4.1 Resale Right. You may resell access and use of Verified Calls to third parties with whom you have a written agreement that is no less protective of Google, Google's affiliates, and Verified Calls, than as set forth in these Verified Calls Terms. For clarity, you will remain liable for the acts and omissions of such third parties.
4.2 No Fees. As between the parties, your use and resale of Verified Calls is free of charge (though this is subject to modification, per Section 4.3).
4.3 Rights Reserved. You acknowledge that Google may, at any time, in accordance with Section 1.d, update these Verified Calls Terms and charge fees for using and/or reselling Verified Calls.
5 Your Services.
5.1 Authorization to Use Your Services. To participate in Verified Calls, you authorize Google and its affiliates to:
(a) use, format, modify, or redistribute Your Content and/or Your Services (including any trademarks and brand features) to make Verified Calls function properly;
(b) use Your Caller ID to assist customers and improve Google's (and its affiliates') products and services, including the Verified Calls ecosystem; and
(c) use and disclose information relating to Your Services, including to: (i) meet any applicable legal obligation, including enforceable government requests; (ii) enforce the Verified Calls 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 any reselling of Verified Calls, 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 Verified Calls developer console, including those where you were assisted by any Google-provided features ("Settings"); and
(c) your use of Verified Calls (including your safeguarding of accounts, usernames, and passwords).
5.3 Number reachability. You may not cache number reachability information except for purposes of debugging/analytics. In no event may number reachability information be cached or stored for more than thirty (30) days.
6. Representations and Warranties. You represent and warrant that:
6.1 Rights in Your Content and Your Services. You have and will retain all necessary rights to grant the licences in this Agreement and to provide Your Content and Your Services through Verified Calls;
6.2 Accurate Information. All information, authorizations, and Settings you provide are complete, correct, and current;
6.3 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;
6.4 Compliance with Laws. You will comply with all applicable laws, rules, and regulations in connection with Verified Calls, including all applicable opt-in/opt-out calls requirements and restrictions related to the transmission of spam or robocalls; and
6.5 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 the General API Terms:
TO THE FULLEST EXTENT PERMITTED BY LAW, VERIFIED CALLS 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 VERIFIED CALLS OR RESULTS FROM VERIFIED CALLS. 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 the General API Terms:
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 VERIFIED CALLS 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 the General API Terms:
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 VERIFIED CALLS, INCLUDING WITH RESPECT TO ANY THIRD PARTY'S ACTIVITIES ON YOUR CONTENT, REGARDLESS OF THE THIRD PARTY'S INTENT.
10. Data Protection. To the extent the parties exchange or process personal information in connection with Verified Calls, the parties do so as independent data controllers. Furthermore, the parties will, as a minimum requirement, implement and maintain the following "Safeguards:"
10.1 Data Protection Program. Each party will establish and maintain a reasonable program of organizational, operational, administrative, physical and technical Safeguards appropriate to (1) comply with applicable laws, and (2) prevent unauthorized physical or electronic access to or loss of personal information or Confidential Information, or services, systems, devices, or media containing this information.
10.2 Supervision and Training. Each party will provide an appropriate level of supervision, guidance, and training on that party's Safeguards to anyone acting on its behalf who require access to personal data or Confidential Information.
10.3 Access Control. Each party will maintain controls appropriate to limit access to personal data or Confidential Information to employees and other parties acting on that party's behalf that (1) have a legitimate need to access that information to perform the transactions and services contemplated under this Agreement, and (2) have agreed to be bound by an appropriate confidentiality agreement. Such controls will include an industry-standard logging system capable of reconstructing access to personal data.
10.4 Retention and Destructions. Each party will maintain a program to destroy personal data when no longer reasonably needed to provide services to the end users or when otherwise requested by the End User. The parties will destroy personal data using an appropriate industry-standard destruction method.
10.5 Third Party Providers. Each party will be responsible for ensuring that any subcontractors, service providers, or any other party engaged to act on behalf of or provide services to the engaging party is taking reasonable and appropriate steps to protect the security, privacy, and confidentiality of personal data and Confidential Information.
10.6 Incident Response. Each party will maintain an incident response program to respond when that party has reason to believe that has been or will be unauthorized access to, use or loss of personal data or other Confidential Information. A party will promptly notify the other party if it identifies such an incident involving personal data processed by, for, or on behalf of the other party.
10.7 Risk Assessment. Each party will assess the risks to the security, privacy, and confidentiality of personal data and Confidential Information and the effectiveness of the Safeguards it has adopted at reasonable periodic intervals. Each party will update its Safeguards as needed to reasonably protect the security, privacy, and confidentiality of personal data and Confidential Information. In the event that a party identifies a vulnerability in that party's Safeguards that presents a material risk to the security, privacy, or confidentiality of personal data or Confidential Information, that party shall correct or resolve the vulnerability within a period of time that is reasonable and appropriate to the risk presented.
10.8 Security Auditing. Each party will perform the following testing of the services, systems, devices, and media used to perform services pursuant to this Agreement using employees qualified to perform such testing, or a qualified independent security assessor:
(a) regular vulnerability scans using an industry standard vulnerability scanner at reasonable intervals, but in no event, less frequently than once every quarter;
(b) penetration testing at least once per year; and
(c) annual audit of that party's Safeguards under an audit standard appropriate and applicable to the actions that party performs pursuant to this Agreement.
10.9 Reasonable Assurances. When reasonably requested, a party will provide the other party with reasonable assurances in writing that it has implemented all of the Safeguards required in this Appendix, which shall include providing accurate and complete information as the other party may reasonably request in written questionnaires. A party may request such written assurances once per year.
11. Confidentiality and PR.
11.1 Definition. "Confidential Information" means information that one party (or an affiliate) discloses to the other party under these Verified Calls Terms, and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient, or that was lawfully given to the recipient by a third party. In addition, Caller IDs that your provide us are not Confidential Information and may be made public.
11.2 Confidentiality Obligations. The recipient will not disclose the Confidential Information, except to affiliates, employees, agents, or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use the Confidential Information only to exercise rights and fulfill obligations under these Verified Calls Terms, while using reasonable care to keep it confidential. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the disclosure, if permitted by law. Notwithstanding anything in these Verified Calls Terms to the contrary, Google may notify its carrier customers and other RCS network operators that you are using Verified Calls.
11.3 Publicity. Except as set out in Section 11.2 (Confidentiality Obligations), neither party may make any public statement regarding these Verified Calls Terms without the other's written approval. Subject to your prior approval of the specific text (not to be unreasonably withheld), you agree to participate in industry announcements regarding Verified Calls and RCS. Your Caller IDs may be made public.
11.4 No Limitation of Liability. Notwithstanding anything to the contrary, the second sentence of Section 9(b) of the API TOS ("To the extent permitted by law, the total liability of Google [...]") does not apply to Section 11.2 (Confidentiality Obligations) of these Verified Calls Terms.
11.5 “Beta Features.” Some features of Verified Calls 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.