GOOGLE MAPS PLATFORM ANALYTICS SERVICE SPECIFIC TERMS

The terms in this section apply when Google provides Analytics Services to Customer under the Google Maps Core Services Schedule to the Cloud Master Agreement (the "Maps Services Schedule"). The terms in this Section form part of the Maps Services Schedule and govern the provision and use of the Analytics Services. This Section does not apply to Google Maps Core Services.

1. Definitions

a. Amendments to Maps Services Schedule Defined Terms

i. The definition of "Customer Application" in the Maps Services Schedule is replaced with the following:

"Customer Application" means a webpage, software program, data solution, or other digital tools (including all source code) that Customer creates using the Services or integrates with the Services and which has material value independent of the Services.

ii. The definition of "Customer Data" in the Maps Services Schedule is replaced with the following:

"Customer Data" means (1) data, except for Analytics Service Data, provided to Google by Customer or End Users through the Services under the Account, and (2) data that Customer or End Users derives from use of the Services that is substantially transformed or modified such that the Google Maps Content cannot (a) be identified as originating or deriving directly from Google Maps Content; (b) be reverse engineered to the original Google Maps Places Content; or (c) be used as a substitute for Google Maps Content.

iii. The definition of "Customer Indemnified Materials" in the Maps Services Schedule is replaced with the following:

"Customer Indemnified Materials" means Customer Data, Customer Application, and Customer Brand Features. 

iv. The definition of "Services" in the Maps Services Schedule is replaced with the following: https://cloud.google.com/terms/maps-platform/maps-analytics-services

b. Additional Definitions . The following terms are added to the Maps Services Schedule’s Additional Definitions section:

i. "High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response routing or navigation; (b) first responder functions involving a known threat to life or property; (c) autonomous and semi-autonomous vehicle or drone control; (d) vessel navigation; (e) aviation; (f) air traffic control; and (g) nuclear facilities operation.

ii. "ISV" means a Customer who has marked themselves as an independent software vendor ("ISV") on the executed Analytics Services Order Form with Google and is permitted to develop and commercially distribute its own packaged software application or service (the "ISV Application"), offered on a repeatable basis to multiple end users.

2. License Requirements and Restrictions. For the Analytics Services only, the Maps Services Schedule Section 2 (Using the Services) is amended as follows:

a. Section 2.4 (License Restrictions and Requirements) is amended as follows:

i. 2.4.1(a) (Terms of Service and Privacy Policy) is amended as follows:

Sections 2.4.1(a)(ii) and (iii) are deleted in their entirety. 

ii. 2.4.1(c) (Search Results Integrity) is deleted in its entirety.

iii. 2.4.1(d) (Documentation) is renumbered as subsection (c). All subsequent sections within Section 2.4.1 will be renumbered accordingly. 

iv. 2.4.1(d) (Use of Google Cloud Platform Services) is added as follows:

(d) Use of Google Cloud Platform Services . Customer’s use of the Google Cloud Platform Services ("GCP Services") is subject to the agreement under which Google has agreed to provide Google Cloud Platform Services to Customer.

v. 2.4.1 (e) (ISV Usage) is added as follows:

(e) ISV Usage . Regardless of Section 2.1 (License Grant), Customer may sublicense the right to access and use the Services solely as integrated within and accessed through the Customer Application to Customer's end-users, provided that:

(1) Customer will pay a sublicense fee for each sublicense granted, as specified in the Analytics Services Order Form; 

(2) Customer will contractually require that all Customer Applications' terms of service satisfy the same notice and flow-down requirements described in Section 2.4.1(a)(i) (Terms of Service and Privacy Policy); and

(3) Customer will take appropriate enforcement action, including suspending or terminating their end users' use of the Services in the Customer Application if the end users of the Customer Application fail to comply with applicable terms of the Google Maps Additional Terms of Service.

vi. 2.4.2 (Restrictions against Misusing the Services) (Additional Use Restrictions) is replaced with the following:

(a) No Unauthorized Use of Google Maps Content . Customer will use Google Maps Content only as expressly permitted in the Analytics Service Specific Terms and Documentation; no other use of Google Maps Content is permitted. For example, the Analytics Services Specific Terms permit Customer to cache certain Google Maps Content under particular circumstances; Customer will not cache or use the cached Google Maps Content under any other circumstances.

(b) No Misrepresentation of Services . Customer will not misrepresent Google or create confusion as to the source of content in a Customer Application that uses the Services. For example, Customer will not modify, obscure, or delete attribution provided through the Services or otherwise required under this Agreement.

(c) No Unfair Exploitation of Services . Customer will not unfairly exploit the Analytics Services by using the Services to disintermediate Google from the content provided through the Services. For example, unless expressly permitted by the Analytics Service Specific Terms, Customer will not use the Services to:

(i) copy, index, or export the Google Maps Content;

(ii) trace or digitize Google Maps Content; or

(iii) use Google Maps Content to improve machine learning and artificial intelligence models, including to train, test, validate or fine-tune the models

(d) No Misuse of the Services . Customer will not access or use the Services:

(i) in violation of the AUP;

(ii) for High Risk Activities;

(iii) for any decision making, including automated decision making that impacts an individual's rights, including generating scores or assessments related to housing, employment, credit, or insurance; or

(iv) in Customer Applications that are distributed, marketed, or functional in a Prohibited Territory.

3. Data Use, Protection, and Privacy. For the Analytics Services only, the Maps Services Schedule Section 3 (Data Use, Protection, and Privacy) is amended as follows:

(a) Section 3.1 (Data Use and Retention) is deleted and replaced with the following:

Data Use and Retention . To provide the Services through the Customer Application(s), Google collects instructions and parameters (including, but not limited to, search terms, commands, and processing settings) that are provided by the Customer to Google for the purpose of providing the Services ("Analytics Service Data"). Customer acknowledges and agrees that Google and its Affiliates may use and retain this Analytics Service Data to provide and improve Google products and services, subject to the then-current Google Privacy Policy at https://www.google.com/policies/privacy/ .

(b) Section 3.3 (End User Privacy Requirements) is deleted and replaced with the following: 

Section 3.3 (Compliance with Laws). Customer’s use of the Services must comply with all applicable laws, including consumer privacy laws. 

(c) Section 3.4 (Customer Data) is added as follows:

3.4 Customer Data . 

(i) Except as to the Analytics Service Data described in Section 3.1 (Data Use and Retention), Google will only access, use, or otherwise process Customer Data in accordance with Customer’s documented instructions. These instructions include:

(1) processing necessary to provide, secure, and monitor the Services under the Agreement; and

(2) any other instructions provided by Customer and acknowledged by Google. 

(ii) Google will comply with such instructions unless European Law or other applicable privacy laws require otherwise.

4. Amendments to General Terms. For the Analytics Services only, the Maps Services Schedule Section 10 (Amendments to General Terms) is amended as follows:

(i) Section 10(g) is added as follows:

General Terms Section 9.2 (Customer Indemnification Obligations) is replaced with the following:

9.2. Customer Indemnification . Notwithstanding anything to the contrary in the Agreement, Customer will defend Google and its Affiliates providing the Services and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (i) any Customer Indemnified Materials; (ii) Customer’s or an End User’s use of the Services in breach of the AUP or the Use Restrictions and (iii) Customer’s use of the Services for emergency response services.

These Analytics Service Specific Terms incorporate by reference Section A (General Service Terms) of the Google Maps Platform Service Specific Terms. Wherever the term, "Services" is used in the Google Maps Platform Service Specific Terms, it refers to both the Google Maps Platform Services and the Analytics Services. If there is a conflict between the terms, these Analytics Service Specific Terms will prevail.

In this Section (B) (Service Terms), "With any Map" means to (1) display Google Maps Content on, next to, or in a manner that is visually associated with any map, including a Google Map; or (2) link Google Maps Content to any map or link any map to Google Maps Content, unless the specific map being linked to is the source of the applicable Google Maps Content.

1. Roads Management Insights

1.1. Permitted Use . Customer may only use Roads Management Insights for road data analytics to improve the safety, efficiency, and sustainability of road networks and public utilities that it manages or in which it has a direct stake (e.g., for infrastructure improvements, systemic upgrades, and planning for future events or emergencies).

1.2. Exporting and Caching . Customer may temporarily export and cache StaticDuration, Duration, and SpeedReadingIntervals (“Applicable Google Maps Content”) as well as related time stamps, display names, and route geometries or references (“Auxiliary Data”), but only if and as expressly permitted and described in the Analytics Services Order Form. Both exported and cached Applicable Google Maps Content are subject to Section 1.3 (Deletion Requirements).

1.3. Deletion Requirements . 

1.3.1. Exported and cached Content . Customer must delete any cached or exported Google Maps Content upon expiration of the Caching Period as defined in Analytics Services Order Form. 

1.3.2. Created Content . If Customer creates any content using Applicable Google Maps Content, Customer must delete the Applicable Google Maps Content that was used to create content, upon expiration of the caching period, as described in the Analytics Services Order Form.

1.4. Use with machine learning models . Customer may use Applicable Google Maps Content solely as a factual reference point to validate, verify, or correct the output of a machine learning model.

The terms in this section apply if the Agreement authorizes the resale or supply of Analytics Services under a Google Cloud partner or reseller program. In such instances, the terms in this Section form part of the Google TOS and govern the provision and use of the Analytics Services. This Section does not apply to Google Maps Core Services.

1. Definitions

a. Amendments to Google TOS’ Defined Terms

i. The definition of "Customer Application" in the Google TOS is replaced with the following:

"Customer Application" means a webpage, software program, data solution, or other digital tools (including all source code) that Customer creates using the Services or integrates with the Services and which has material value independent of the Services.

ii. The definition of "Customer Data" in the Google TOS is replaced with the following:

"Customer Data" means (1) data provided to Google by Customer or End Users through the Services under the Account, and (2) data that Customer or End Users derives from use of the Services that is substantially transformed or modified such that the Google Maps Content cannot (a) be identified as originating or deriving directly from Google Maps Content; (b) be reverse engineered to the original Google Maps Places Content; or (c) be used as a substitute for Google Maps Content."

iii. The definition of "Customer Indemnified Materials" in the Google TOS is replaced with the following:

"Customer Indemnified Materials" means Customer Data, Customer Application, and Customer Brand Features. 

iv. The definition of "Services" in the Google TOS is replaced with the following: https://cloud.google.com/terms/maps-platform/maps-analytics-services

b. Additional Definitions . The following terms are added to Google TOS’s Additional Definitions section:

i. "High Risk Activities" means activities where the use or failure of the Services could lead to death, personal injury, or environmental damage, including (a) emergency response routing or navigation; (b) first responder functions involving a known threat to life or property; (c) autonomous and semi-autonomous vehicle or drone control; (d) vessel navigation; (e) aviation; (f) air traffic control; and (g) nuclear facilities operation.

ii. "ISV" means a Customer who has executed an Order Form with Google, which permits such Customer to develop and commercially distribute its own packaged software application or service (the "ISV Application"), offered on a repeatable basis to multiple end users.

2. License Requirements and Restrictions. For the Analytics Services only, Google TOS’ Section 3 (License) is amended as follows:

a. Section 3.2 (License Restrictions and Requirements) is amended as follows:

i. 3.2.2 (a) (Terms of Service and Privacy Policy) is amended as follows:

Sections 3.2.2 (a)(ii) and (iii) are deleted in their entirety. 

ii. 3.2.2(d) (Use of Google Cloud Platform Services) is added as follows:

(d) Use of Google Cloud Platform Services . Customer’s use of the Google Cloud Platform Services ("GCP Services") is subject to the agreement under which Google has agreed to provide Google Cloud Platform Services to Customer. 

iii. 3.2.3 (Restrictions against Misusing the Services) is replaced with the following:

(a) No Unauthorized Use of Google Maps Content . Customer will use Google Maps Content only as expressly permitted in the Analytics Service Specific Terms and Documentation; no other use of Google Maps Content is permitted. For example, the Analytics Services Specific Terms permit Customer to cache certain Google Maps Content under particular circumstances; Customer will not cache or use the cached Google Maps Content under any other circumstances.

(b) No Misrepresentation of Services . Customer will not misrepresent Google or create confusion as to the source of content in a Customer Application that uses the Services. For example, Customer will not modify, obscure, or delete attribution provided through the Services or otherwise required under this Agreement.

(c) No Unfair Exploitation of Services . Customer will not unfairly exploit the Analytics Services by using the Services to disintermediate Google from the content provided through the Services. For example, unless expressly permitted by the Analytics Service Specific Terms, Customer will not use the Services to:

(i) copy, index, or export the Google Maps Content;

(ii) trace or digitize Google Maps Content; or

(iii) use Google Maps Content to improve machine learning and artificial intelligence models, including to train, test, validate or fine-tune the models

(d) No Misuse of the Services . Customer will not access or use the Services:

(i) in violation of the AUP;

(ii) for High Risk Activities;

(iii) for any decision making, including automated decision making that impacts an individual's rights, including generating scores or assessments related to housing, employment, credit, or insurance; or

(iv) in Customer Applications that are distributed, marketed, or functional in a Prohibited Territory.

3. Data Use, Protection, and Privacy. For the Analytics Services only, the Google TOS Section 4.4 (Data Use, Protection, and Privacy) is amended as follows:

(a) Section 4.4(a) (Data Use and Retention) is deleted and replaced with the following:

(a) Data Use and Retention . To provide the Services through the Customer Application(s), Google collects and receives data from Customer and End Users (and End Users’ End Users, if any), including search terms, IP addresses, and latitude/longitude coordinates ("Service Data"). Customer acknowledges and agrees that Google and its Affiliates may use and retain this Service Data to provide and improve Google products and services, subject to the then-current Google Privacy Policy at https://www.google.com/policies/privacy/ .

(b) Section 4.4(c) (End User Privacy Requirements) is deleted and replaced with the following: 

Section 4.4(c) (Compliance with Laws). Customer’s use of the Services must comply with all applicable laws, including consumer privacy laws.

(c) Section 4.4(d) (Customer Data) is added as follows:

4.4(d) Customer Data .

(i) Except as to the Service Data described in Section 4.4(a) (Data Use and Retention), Google will only access, use, or otherwise process Customer Data in accordance with Customer’s documented instructions. These instructions include:

(1) processing necessary to provide, secure, and monitor the Services under the Agreement; and

(2) any other instructions provided by Customer and acknowledged by Google. 

(ii) Google will comply with such instructions unless European Law or other applicable privacy laws require otherwise.

4. Intellectual Property Ownership. Section 6.1 (Intellectual Property Ownership) is deleted and replaced with the following:

Section 6.1 (Intellectual Property Ownership). As between the parties, Customer owns all Intellectual Property Rights in the Customer Application and Customer Data, and Google owns all Intellectual Property Rights in the Services.

5. Amendments to General Terms. For the Analytics Services only, the Google TOS Section 14.1 is replaced with the following:

14.1. Customer Indemnification . Notwithstanding anything to the contrary in the Agreement, Customer will defend Google and its Affiliates providing the Services and indemnify them against Indemnified Liabilities in any Third-Party Legal Proceeding to the extent arising from (i) any Customer Indemnified Materials; (ii) Customer’s or an End User’s use of the Services in breach of the AUP or the Use Restrictions and (iii) Customer’s use of the Services for emergency response services.