Google APIs Terms of Service: Summary of Changes

November 5, 2014, December 5, 2014, and January 16, 2019

This document summarizes the principal changes made to the Google APIs Terms of Service on the dates above. (See also the 2011 Terms of Service.)

January 16, 2019: Changed "Google Inc." to "Google LLC" in the second paragraph.

1st paragraph: Clarifying that scope of Terms expanded to include APIs, other developer services, and associated software; clarifying that the "Terms" governing relationship between you and Google include the terms set forth in the Google APIs Terms of Service, additional API specific terms, terms within documentation for a given API, and applicable policies and guidelines.

2nd paragraph: In an interim updated version of the Terms published November 5, 2014, we changed the Google contracting entity from Google Inc. to either Google Ireland Ltd., Google Asia Pacific Pte. Ltd., or Google Inc. depending on the location of your billing address (and whether Google has a billing address for you). But in the latest updated version published December 5, 2014, we have reverted to just Google Inc. as the Google contracting entity, though that may be superseded for a given API by additional terms applicable just to that API. That reversion was the only change made in the December 5, 2014 version.

1b: Omitting language stating that use of the APIs may require Google account creation; omitting provision around keeping account credentials and password secure, as that's covered elsewhere in the Terms; adding that if you use the APIs on behalf of an entity, you represent and warrant that you have authority to (and do thereby agree to) the Terms on behalf of that entity.

1c: Adding that you will inform us promptly of updates.

2b: Adding that you agree to comply with third party rights and to not violate any other terms of service with Google (or our affiliates).

2d: Clarifying that Google enforces limits on your use of the APIs and if you want to use beyond these limits, you must obtain Google's express consent (which Google may decline or condition acceptance on your agreement to additional terms and/or charges for that use); adding that to seek such approval, you'll need to contact the relevant Google API team (e.g. by using the Google developer console).

2e: Clarifying that open source software licenses constitute separate written agreements, for certain APIs, open source software may be listed in the documentation, and to the limited extent an open source software license expressly supersedes the Terms, the open source license instead sets forth your agreement with Google for the applicable open source software.

2f (prior): Moving the monitoring language to another section (Section 3(a)).

2h: Clarifying that the Terms are non-exclusive and Google may develop products or services that may compete with the API Clients or other products or services.

3a: Adding the monitoring language which was previously in section 2f and making that provision more prominent (i.e. all caps).

3b: Adding that the reporting obligation applies to the extent required by applicable law.

3d: Omitting the last sentence on Safe Harbor.

4a: Adding that you may not allow those acting on your behalf to take any of the prohibited actions and adding new prohibitions against: (i) use of the APIs for activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage; (ii) use of the APIs to process or store any data subject to ITAR; (iii) removing, obscuring, or altering any Google terms of service or any links to or notices of those terms. Adding that Google does not intend use of the APIs to create obligations under HIPAA, and makes no representations that the APIs satisfy HIPAA requirements, and that you will not use the APIs in connection with transmitting protected health information to Google unless Google has consented in writing in advance.

4b1: Clarifying that developer credentials are intended to be used by you and identify your API Client and that you'll keep your credentials confidential, make reasonable efforts to prevent and discourage other API Clients from using them, and not embed them in open source projects.

4b2: Clarifying that our APIs may include Google confidential information and if you receive Google information marked confidential or that would normally be considered confidential you won't disclose it to any third party without Google's prior written consent; adding new exceptions to the confidentiality definition and allowing disclosure when compelled by law if you provide us reasonable prior notice (unless a court orders otherwise).

5b (prior): Omitting advertising provisions.

5b: Clarifying that the content license to Google is provided for the sole purpose of enabling Google to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Google privacy policies; clarifying that Google receives license to "Use" the content, defined to mean use, host, store, modify, communicate, and publish.

5d: Clarifying that the data portability obligation lasts for as long as you use or store any user data that you obtained through the APIs; adding prohibition against you making the data available to third parties who do not also abide by this obligation.

5e: Adding that others acting on your behalf may not commit any of the prohibited acts.

8a: Clarifying that you may cease using the APIs with or without notice; if you want to terminate the Terms you must provide Google prior written notice, and clarifying that Google reserves the right to terminate the Terms with you or discontinue your access to the APIs or any portion or feature for any reason at any time without liability or obligation to you.

8c: Clarifying that sections 4b, 5, and 8-10 survive termination of the Terms.

9a: Clarifying that except as expressly set out in the Terms, to the extent permitted by law, we exclude all warranties, guarantees, conditions, representations, and undertakings.

9b: Clarifying that the limitations are to the extent permitted by law; adding that Google, our suppliers, and our distributors are not responsible for any expense that is not reasonably foreseeable.

9c: Clarifying that, unless prohibited by applicable law, if you are a business, you will defend and indemnify Google and the listed indemnitees against any liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from: (i) your (or your end users') misuse of the APIs; (ii) your (or your end users') violation of the Terms; or (iii) any content or data routed into or used with the APIs by you, those acting on your behalf, or your end users.

10a: Adding that you should look at the Terms regularly; adding that we may post notice of modifications to the Terms in the documentation, to this website, and/or in the Google developers console; revising to reflect that changes are effective no sooner than 30 days after they are posted (other than changes specific to new API functionality or made for legal reasons, which may be immediate); adding that if you don't agree to modified Terms for an API, you should stop using that API.

10b: Adding provisions applicable for U.S. federal agency entities.

10c: Clarifying that we each agree to contract in English and if Google provides a translated version of the Terms, that's purely for convenience and the English version still governs; adding that the Terms don't create any agency, partnership, or joint venture and that nothing in the Terms will limit either party's ability to seek injunctive relief; adding that we are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control; adding that the Terms are the entire agreement between you and Google relating to its subject and supersede prior or contemporaneous agreements on that subject; adding a link to information about how to contact Google; adding governing law and venue provisions applicable for U.S. federal government entities and U.S. city, county, or state government entities.