Hospitality Mode API(s) Additional Terms of Service

Thank you for using Hospitality Mode API(s) and related provisioning tool(s) (the "Hospitality Mode API(s)"). By accessing or using Hospitality Mode API(s), you are agreeing to the (1) Google APIs Terms of Service at https://developers.google.com/terms (or such other URL as Google may provide) and (2) these Hospitality Mode API(s) Additional Terms of Service (the "Hospitality Mode API(s) Additional Terms"). The Google APIs Terms of Service and Hospitality Mode API(s) Additional Terms are referred to together as the "Terms".

1. Definitions.
   1. "Actions on Google" means Google's Actions on Google platform, which allows developers to integrate their products, services, or other experiences into Google's assistive products and services.
   2. "High Risk Activities" means activities where the failure of a Hospitality Mode Device could lead to death, serious personal injury, or severe environmental or property damage.
   3. "HIPAA" means the U.S. Health Insurance Portability and Accountability Act, as amended.
   4. "Hospitality Mode Action" means any Actions on Google action for use in connection with a Hospitality Mode Device.
   5. "Hospitality Mode" means a configuration for devices approved by Google that allow them to be used in locations that provide hospitality services.
   6. "Hospitality Mode Device" means any device configured by or for you in Hospitality Mode using Hospitality Mode API(s).
   7. "Hospitality Mode Policies and Documentation" means the developer documentation, instructions, or policies related to Hospitality Mode as Google may provide from time to time, including at https://developers.google.com/home/smart-device-management/enterprise/get-started.
   8. Any examples in these Terms are illustrative and not the sole examples of a particular concept, and the term "including" means "including but not limited to".
   9. 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"). The restrictions on your activities in these Terms also require you not to allow third parties to engage in those activities.
2. Applicable Terms.
   1. Other Terms.
      1. 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:
         1. If your Hospitality Mode Device is a Nest-branded device (including a Google Nest Hub or Google Nest Hub Max), the Google Terms of Service at https://policies.google.com/terms (or such other URL as Google may provide) apply in addition to these Terms; and
         2. If you use Actions on Google, the Actions on Google Terms of Service at https://developers.google.com/assistant/console/policies/terms-of-service apply in addition to these Terms.
      2. The use of third-party products or services is subject to their applicable terms.
   2. Order of Precedence. To the extent there are any conflicts, the following order of precedence applies:
      1. other Google Product(s)' terms of service:
      2. other agreements between the parties covering the same subject;
      3. Hospitality Mode Policies and Documentation;
      4. all other Hospitality Mode API(s) Additional Terms; and
      5. Google APIs Terms of Service.
3. Authorization. You represent and warrant that you (a) either own, or have permission from the owner of, the place where you deploy Hospitality Mode Devices, and (b) have the authority to agree to these Terms.
4. Your Obligations.
   1. Terms, Policies, and Documentation. You will comply at all times with these Terms and the Hospitality Mode Policies and Documentation, including:
      1. deployment-specific restrictions (including API and "purpose" restrictions, which may not apply to other deployments);
      2. configuration and individualized set-up requirements (including ensuring that all Hospitality Mode Devices remain in Hospitality Mode for the duration of their deployment);
      3. territory and location restrictions (including the territories where your servers and Hospitality Mode Device data are located, and the locations where the Hospitality Mode Devices are deployed); and
      4. Hospitality Mode Actions requirements (including for your panels).
   2. End User Notices and Consents.
      1. At Google's request, or if required in the Hospitality Mode Policies or Documentation, you will prominently display a notice (such as a physical sticker and/or attached card) about each Hospitality Mode Device, including a statement that its use is subject to the Google Terms of Service (https://policies.google.com/terms) and that Google's collection and use of information is described in Google's Privacy Policy (https://policies.google.com/privacy). Google will specify the form, substance, and placement of the notice, and may make changes to the notice at any time at its discretion, including to define the product experience or attract attention to the Hospitality Mode Device.
      2. You will ensure any required consents from the end user (or, if the end user is unable to give such consent, from a representative legally authorized to give such consents on behalf of the end user) are obtained for any individualized set-up of Hospitality Mode Devices that you perform.
   3. Data and Privacy.
      1. You will not record or store any end user queries or instructions in connection with Hospitality Mode Devices.
      2. Except as otherwise approved by Google, your Hospitality Mode Actions will not involve any sharing of personal information or confidential information, including during a device interaction.
      3. You will not share any information or data with Google (including any personal information or confidential information of end users) in connection with Hospitality Mode, other than information specifically requested by Google. The parties acknowledge that end users may share information with Google through their use of Hospitality Mode Devices in the course of normal operation of the Hospitality Mode Devices (including interaction with a Hospitality Mode Action) as permitted under these Terms and that such use will be subject to Google's Privacy Policy (https://policies.google.com/privacy).
      4. If you have access to any personal information in connection with Hospitality Mode (for example, photos, email addresses, or phone numbers), including personal information provided for individualized set-up of Hospitality Mode Devices, then (i) as between you and Google, you are solely responsible for your use of the personal information, and (ii) you will not misuse any of the personal information.
      5. Google does not intend use of the Hospitality Mode Devices to create obligations under HIPAA, and makes no representations that the Hospitality Mode Devices satisfy HIPAA requirements. You represent that you are not a Covered Entity or a Business Associate (each as defined under HIPAA). If you are (or become) a Covered Entity or Business Associate, you will not use the Hospitality Mode Devices for any purpose or in any manner involving transmitting Protected Health Information (as defined under HIPAA) to Google.
      6. You acknowledge that Google is not acting as a Business Associate. You will not take any action in connection with Hospitality Mode or any Hospitality Mode Device that would cause Google to be acting as a Business Associate or that creates any obligations for Google under GDPR or any similar laws, directives, or regulations.
      7. You will not use any Hospitality Mode Device:
         1. to share, store, receive, use, maintain, or access Protected Health Information (as defined under HIPAA), or
         2. in any area where the Hospitality Mode Device is likely to be exposed to Protected Health Information.
   4. Restricted Uses.
      1. You will not use any Hospitality Mode Device:
         1. in connection with any High Risk Activities or any emergency, medical, health, clinical, diagnostic, prognostic, or treatment purposes; or
         2. in a manner that may qualify any Google product or service as a medical device under Section 201(h) of the Federal Food Drug & Cosmetic (FD&C) Act Medical Devices Regulation (EU) (2017/745) or any similar laws, directives, or regulations.
      2. You acknowledge that Hospitality Mode Devices (i) are not certified for emergency or any medical response, (ii) are not designed, manufactured, or intended to be used for or in connection with any High Risk Activities or any medical, clinical, diagnostic, prognostic, or treatment purposes, and (iii) are dependent on, among other things, the transmission of data through your Wi-Fi network and broadband internet access, which may be interrupted, delayed, or otherwise limited for a variety of reasons.
   5. Device Operational Requirements.
      1. Before each end user's stay in a location installed with a Hospitality Mode Device begins, you will place the Hospitality Mode Device in areas within the location that are clearly visible to the end user upon entry (e.g., next to the television or on the nightstand in a hotel room), with screen or LED lights facing the end user without obstruction.
      2. After an end user's stay in a location installed with a Hospitality Mode Device ends and before a new end user's stay in the location begins, you will soft reset the Hospitality Mode Device (including to clear the end user's state).
      3. If an end user mutes or disconnects a Hospitality Mode Device, the Hospitality Mode Device must not be unmuted or reconnected by or on behalf of you without the end user's consent.
      4. If your deployment location is an end user's place of residence (for example, a room in a senior living facility), and the end user (or a representative legally authorized to act on behalf of the end user) does not want a Hospitality Mode Device installed in the location, you will not install any Hospitality Mode Device there and will remove any previously-installed Hospitality Mode Device.
      5. You will not interfere with:
         1. end users' queries or instructions (e.g., voice, click, or other input) to Hospitality Mode Devices (e.g., by processing, routing, or editing the queries);
         2. Google's responses to end users; or
         3. any visual or audio terms, policies, or disclaimers that Hospitality Mode Devices provide to end users.
5. Testing and Approval. Google may require you to submit your API client implementation and/or Hospitality Mode Actions, and any material updates, to Google for approval before you make them publicly available.
6. Security and Audit. Google reserves the right to investigate your API client implementation for compliance with the Terms.
7. Intellectual Property. You represent and warrant that you have the right to use any content uploaded through the Hospitality Mode API(s) for display on the Hospitality Mode Device. Google may sometimes review such content to determine whether it is infringing (or otherwise illegal) or violates Google's policies or these Terms, and Google may refuse to display such content.