Trusted Tester Agreement

This product or feature is Experimental (pre-GA). Pre-GA products and features might have limited support, and changes to pre-GA products and features might not be compatible with other pre-GA versions. Pre-GA Offerings are covered by the Google Maps Platform Service Specific Terms. For more information, see the launch stage descriptions.

This Gemini in Google Earth Trusted Tester Agreement (the "Agreement") is between Google and the entity or person agreeing to these terms ("you").

"Google" means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA.

Government agencies and public universities are not eligible to participate in this Trusted Tester program.

1. Participation.

   1. Trusted Tester Program.

      Through this Agreement, Google is inviting you to participate in its testing and development program(s) (each, a "Testing Program") to help Google improve its products for you and other Google users. We may process your data (as described in Google's Privacy Policy and in the Gemini in Google Earth Terms & Privacy Notice) as it is necessary to give effect to this Agreement. Thank you and welcome!

   2. Test Products. In each Testing Program, Google may give you access to certain pre-release products that are not yet suitable for use in a production environment (each, a "Test Product").

   3. Terms of Service.

      1. In addition to this Agreement, the Test Products include terms of service, which will apply to your use of those products. To the extent any of those terms of service conflict with this Agreement, this Agreement will govern.
      2. For certain Test Products, Google may also notify you in writing of additional Testing Program terms and conditions, which may be provided by email and which will be deemed a part of this Agreement.

   4. Feedback. In connection with the Testing Program(s), Google may ask you to provide feedback ("Feedback"). If you provide Feedback, it must (A) be truthful; (B) originate only from you; and (C) not contain any third party's Confidential Information.

   5. Compensation. Google will not provide any compensation for your participation in the Testing Program.

   6. Suspension and Termination. Google may suspend or terminate your participation or the Testing Program(s) at any time.

   7. Gemini in Google Earth. These terms apply to Gemini in Google Earth Testing Program:

      1. You cannot share or distribute the Gemini in Google Earth feature or its outputs.
      2. You cannot scrape data generated from Gemini in Google Earth; Google will be logging usage to monitor for potential misuse, including unauthorized export of data.
      3. You must comply with the Maps Acceptable Use Policy as it applies to Gemini in Google Earth.
      4. You must comply with the Generative AI Prohibited Use Policy.
      5. You must delete all data generated using Gemini in Google Earth after the Gemini in Google Earth Testing Program concludes or as requested by Google.

2. Intellectual Property Rights.

   1. Test Products.
      1. License. Subject to the terms of this Agreement, you may use the Test Products during the Agreement term solely in a non-production environment, unless Google explicitly permits a broader scope of use in writing (such as in the applicable Testing Program documentation).
      2. License Conditions. Your license to use the Test Products is subject to the following conditions:
         1. You must follow any applicable instructions, policies, and other product documentation made available to you by Google.
         2. You may use the Test Products only as permitted by law, including applicable export and re-export control laws and regulations.
         3. You must not misuse the Test Products. For example, don't interfere with the Test Products or try to access them using a method other than the interface and the instructions that Google provides.
   2. Ownership. Google retains all right, title, and interest in the Test Products and anything else that Google makes available to you through the Testing Program.
   3. No Reverse Engineering. You will not disassemble or reverse engineer the Test Products (and you will not allow anyone else to do so).
   4. Feedback.
      1. Transfer; Use. You will transfer your Feedback to Google and Google may use your Feedback without obligation to you.
      2. Assignment of Rights. To the maximum extent permitted by applicable law, by signing this Agreement, you assign to Google all rights, title, and interest in your Feedback. If requested by Google, you will sign applicable documents, provide support, and appoint Google to act on your behalf to secure these rights.
      3. License. If applicable law does not permit the assignment of rights, then you grant Google a perpetual, irrevocable, exclusive, worldwide, sublicenseable, royalty-free, fully paid-up license to: (1) copy, reproduce, distribute, adapt, create derivative works based on, publicly perform, publicly display, communicate to the public, or otherwise use your Feedback; and (2) make, have made, import, use, have used, offer for sale, sell, lease, license, or otherwise exploit products and services (including combinations) that incorporate your Feedback.
      4. Moral Rights. To the extent permitted by applicable law, you waive any moral rights you have and agree not to exercise them, unless you notify Google and follow Google's instructions.

3. Confidentiality.

   1. Definition. "Confidential Information" means information that one party (or an affiliate) discloses to the other party and that is marked as confidential or would normally be considered confidential information under the circumstances. It does not include information that is independently developed by recipient, is rightfully given to recipient by a third party without confidentiality obligations, or becomes public through no fault of recipient. Google's Test Products (including their existence), the Testing Program, your Feedback, and this Agreement are Google's Confidential Information.
   2. Obligations. The recipient will not disclose that Confidential Information, except to employees, affiliates, agents, or professional advisors ("Delegates") who need to know it and who have a legal obligation to keep it confidential. The recipient will use the other party's Confidential Information only to exercise your rights and fulfill obligations under this Agreement. The recipient will ensure that its Delegates are also subject to the same non-disclosure and use obligations. The recipient may disclose Confidential Information when required by law after giving reasonable notice to the other party, if permitted by law.

4. Export Compliance. You will comply with all applicable export and re-export control laws and regulations, including (A) the Export Administration Regulations ("EAR") maintained by the US Department of Commerce; (B) trade and economic sanctions maintained by the US Treasury Department's Office of Foreign Assets Control; and (C) the International Traffic in Arms Regulations ("ITAR") maintained by the US Department of State.

5. Term. Either party may terminate this Agreement effective immediately on written notice. All provisions that under their terms or by implication ought to survive will survive, including Sections 2 (Feedback), 3 (Confidentiality), 6 (Warranty Disclaimers), 8 (Limitation of Liability), 9 (Miscellaneous) and 10 (Governing Law).

6. Warranty Disclaimers. To the maximum extent permitted by law:

   1. Google provides all Test Products and other items under this Agreement "as is" without any representations or warranties of any kind.
   2. Google and its suppliers disclaim all implied representations, warranties, conditions and guarantees, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
   3. Your exclusive remedy under this Agreement is termination in accordance with Section 5.

7. Indemnity. You will defend and indemnify Google and its affiliates, directors, officers, and employees against any third-party legal or regulatory proceeding to the extent (A) arising from your breach of Section 4 (No Personal Data); or (B) claiming that use of your Feedback infringes or violates the third party's intellectual property or other rights.

8. Limitation of Liability.

   1. Definition. In this Section, "liability" means any liability, whether under contract, tort, or otherwise, including for negligence.
   2. Limited Liabilities. Subject to Section 8.3 (Unlimited Liabilities):
      1. neither party will have any liability arising out of or relating to this Agreement for:
         1. loss of any data or communications;
         2. lost profits (whether direct or indirect);
         3. indirect, special, incidental or consequential losses (whether or not foreseeable or contemplated by the parties on the Agreement's effective date); or
         4. punitive damages; and
      2. each party's total aggregate liability arising out of or relating to this Agreement is limited to US$10,000; and
      3. these limitations of liability will apply to any damages, however caused and regardless of the theory of liability, even if Google has been advised of the possibility of such damages, and regardless of whether the limited remedies available under this Agreement fail of their essential purpose.
   3. Unlimited Liabilities.Nothing in this Agreement excludes or limits either party's liability for:
      1. death or personal injury resulting from its negligence or the negligence of its employees or agents;
      2. fraud or fraudulent misrepresentation;
      3. breach of Section 3 (Confidentiality);
      4. its obligations under Section 7 (Indemnity);
      5. infringement of the other party's intellectual property rights; or
      6. matters for which liability cannot be excluded or limited under applicable law.

9. Miscellaneous. All legal notices must be in English, in writing (which may be by email), and addressed to the other party's primary contact, which for Google is [e-mail]. Any amendment must be in writing and signed by both parties. You may not assign any part of this Agreement without Google's prior written consent. Google may assign its rights or delegate its obligations under this Agreement. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement. This Agreement states all terms agreed between the parties and cancels and replaces all other agreements between the parties relating to its subject matter. If any term (or part of a term) of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect. If this Agreement is translated into any other language, and there is a discrepancy between the English text and the translated text, the English text will govern.

10. Governing Law and Jurisdiction. All claims arising out of or relating to this Agreement or any related Google products or services will be governed by California law, excluding California's conflict of laws rules, and will be litigated exclusively in Santa Clara County, California, USA; the parties consent to personal jurisdiction in those courts.