Service Specific Terms for Looker (original)

A. Access to the Services. Google will provide the Services to Customer by (a) providing access to an Instance for a Looker Hosted Deployment or (b) providing a license key for a Customer Hosted Deployment. Customer may configure the Services for Internal Business Purposes and External Business Purposes only to the extent authorized in the Order Form.

B. External Business Users. If the Order Form includes PBL and the PBL Client is bound to a written agreement with Customer that is at least as protective of Google as the rights and obligations contained in this Agreement, then Customer may make the Services available for use by PBL Users, including by embedding the Services into a Customer Application. Customer may not accept, and acknowledges that Google will not be bound by, any terms or conditions with the PBL Client that modify, add to or change in any way the Agreement or Order Form.

C. Services and Software Use Review. Within 30 days of Google’s reasonable written request, Customer will provide a sufficiently detailed written usage report describing its usage of the Services and Software in accordance with the applicable Scope of Use, with any details reasonably requested by Google. If requested, Customer will provide reasonable assistance and access to information to verify the accuracy of any information provided to Google. If the review indicates that Customer has exceeded the number of End Users, Scope of Use, or Deployment Attributes set forth in the applicable Order Form, or if Google otherwise determines such excessive usage, then the parties agree to discuss in good faith the additional Fees due by Customer to Google for such over-deployment. The agreed-upon additional Fees associated with the over-deployment will be memorialized in a new Order Form or otherwise invoiced by Google.

D. Additional Deployment Attributes. Customer may purchase additional Deployment Attributes (including adding End Users) during an Order Term by executing a new Order Form. Such purchase will have a pro-rated term ending on the last day of the applicable Order Term. Deployment Attributes cannot be decreased during an Order Term. This section will not apply if Customer has purchased the Services from an Unaffiliated Cloud Marketplace pursuant to Section 4 (Unaffiliated Cloud Marketplace) of these Service Specific Terms.

E. Hosting Locations. Notwithstanding any commitments made by Google in the Agreement (including in any Order Form) with respect to hosting the Services or storing Customer Data in a specific location or region, certain features of the Services may not support such hosting and data storage commitments. Any such excluded feature will be listed in the Documentation.

A. Software License. Google grants Customer a non-exclusive, non-sublicensable, non-transferable license during the Term to reproduce and use the Software ordered by Customer on systems owned, operated, or managed by or on behalf of Customer in accordance with (i) the Agreement, and (ii) if applicable, the Scope of Use.

B. Open Source or Third Party Terms. If the Software contains open source or third-party components, those components may be subject to separate license agreements, which Google will make available to Customer. Customer is solely responsible for complying with the terms of any such third party components or open source licenses.

C. Termination. On termination or expiration of the Agreement, Customer will stop using all Software and delete all copies.

D. Other Warranties and Compliance. Each party represents and warrants that it will comply with all laws applicable to its provision or use of the Software. Customer will: (i) ensure that Customer and its End Users' use of the Software complies with the Agreement (including the Scope of Use) and the restrictions in the Agreement applying to Customer's use of the Services; (ii) use commercially reasonable efforts to prevent and terminate any unauthorized access to or use of the Software; and (iii) promptly notify Google of any unauthorized access to or use of the Software of which Customer becomes aware.

E. Software Indemnification. Google’s Intellectual Property Rights infringement indemnity obligations under the Agreement apply to Software, and Customer’s indemnity obligations under the Agreement with respect to Customer’s use of the Services apply to Customer’s use of Software. In addition to any other indemnity exclusions in the Agreement, Google’s indemnity obligations will not apply to the extent the underlying allegation arises from modifications to Software not made by Google or use of versions of Software that are no longer supported by Google.

F. Updates and Maintenance. During the Term, Google will make available to Customer copies of all current versions, updates, and upgrades of Software, promptly upon general availability, as described in the Documentation. Unless otherwise stated in the Documentation, Google will maintain the current minor release of Software and the two minor releases immediately preceding the current minor release. Maintenance for any Software may be discontinued with one year’s notice from Google, except Google may eliminate maintenance for a version and require upgrading to a maintained version to address a material security risk or when reasonably necessary to avoid an infringement claim or comply with applicable law.

G. Scope of Use Compliance. Software may transmit to Google metering information reasonably necessary to verify that use of the Software complies with the Scope of Use. Customer will not disable or interfere with the transmission of such metering information.

Google may make available to Customer pre-general availability Looker (original) features, services, or software that are identified as “Early Access,” “Alpha,” “Beta,” “Preview,” “Experimental,” or a similar designation through the Services, in the Documentation or related materials, or a Test Application (as defined below)(collectively, “Pre-GA Offerings”). While Pre-GA Offerings are not Services, Customer’s use of Pre-GA Offerings is subject to the terms of the Agreement applicable to Services, as amended by this Section 3.

A. Access to and use of Pre-GA Offerings.

1. Enabling Pre-GA Offerings. If Google accepts Customer as a test user of any Pre-GA Offerings (based on Google's then-current domain level requirements for test users), Google will make those Pre-GA Offerings available for use by Customer subject to the terms of this Section 3 (Pre-GA Offerings Terms). Customer may opt into being a test user of one or more Pre-GA Offerings via permissions granted by Customer via the Services. Notwithstanding the preceding sentence, certain Pre-GA Offerings may be enabled in the Services by default. These Pre-GA Offerings will be available to Customer unless Customer disables the Pre-GA Offerings via the Services. Google will notify Customer prior to enabling any Pre-GA Offerings by default. Additional terms ("Specific Test Terms") may apply to any Pre-GA Offering. If so, these Specific Test Terms will be provided by Google in writing before any use of the Pre-GA Offering by Customer. The Specific Test Terms are incorporated into this Section 3.

2. Use of Customer Test Data. Google may, and Customer will (including by collecting or providing any required consents or notices) ensure that Google may use any Customer Data (including Customer Personal Data) submitted, stored, sent or received via any Pre-GA Offerings by Customer or its End Users ("Customer Test Data") to provide, test, analyze, develop and improve those Pre-GA Offerings and any Google products and services used with them without any restriction or obligation to Customer, any End User or any third party, other than as stated in the Agreement's confidentiality provisions and below.

3. Application of the Cloud Data Processing Addendum. If Customer has accepted, or the parties have otherwise agreed, to Google's then-current terms describing data protection and processing obligations with respect to Customer Data at https://cloud.google.com/terms/data-processing-addendum (the “Cloud Data Processing Addendum” or “CDPA”), it will apply to Pre-GA Offerings as "Services" for purposes of the CDPA. Unless stated otherwise in the applicable Pre-GA Offerings, the entirety of this Section 3 (Pre-GA Offerings Terms) will form part of the "Agreement" referred to in Section 5.2 (Compliance with Customer's Instructions) of the CDPA, subject to the following amendments:

i. Customer acknowledges that, for purposes of Section 6.1 (Deletion by Customer) of the CDPA and to the extent permitted by applicable law, the functionality of the Pre-GA Offerings may not allow deletion of Customer Test Data during the period during which Customer is permitted to use the Pre-GA Offerings ("Pre-GA Term"), but that Customer Test Data will be deleted upon expiration of the Pre-GA Term in accordance with Section 6.2 (Return or Deletion When Term Ends) of the CDPA;

ii. Unless stated otherwise in the Test Application or Specific Test Terms, information about Subprocessors (as defined in the CDPA) engaged in relation to Pre-GA Offerings will be made available in writing by Google upon Customer’s request;

iii. Google will inform Customer of the engagement during the Pre-GA Term of any new third-party Subprocessor in relation to the Pre-GA Offerings by sending an email to the Notification Email Address before the new Subprocessor starts processing any Customer Test Data. Customer may, as its sole and exclusive remedy if Customer objects to the Subprocessor, cease using the applicable Pre-GA Offerings; and

iv. Pre-GA Offerings are not “Audited Services” under the CDPA.

4. Use Restrictions. Customer will not, and will not allow End Users to: (i) use Pre-GA Offerings to process Protected Health Information as defined in the Health Insurance Portability and Accountability Act of 1996, or (ii) use Pre-GA Offerings to process data subject to legal or regulatory compliance requirements.

B. Change, Suspension, or Discontinuance. Pre-GA Offerings (including any of their features) may be changed, suspended or discontinued at any time without prior notice to Customer.

C. Disclaimer. PRE-GA OFFERINGS ARE PROVIDED 'AS IS', WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND, AND ARE NOT COVERED BY ANY SLA OR GOOGLE INDEMNITY. Except as otherwise indicated in Specific Test Terms for a given Pre-GA Offering, Pre-GA Offerings are not covered by TSS.

D. Liability. Google will not be liable for any amounts in excess of the lesser of (A) the limitation on the amount of liability stated in the Agreement or (B) $25,000. Nothing in the preceding sentence will affect exclusions from any limitation of liability in the Agreement with respect to the following: (1) death or personal injury resulting from negligence, (2) fraud or fraudulent misrepresentation, (3) infringement of the other party’s Intellectual Property Rights, or (4) matters for which liability cannot be excluded or limited under applicable law.

E. Feedback. Customer may provide feedback and suggestions about the Pre-GA Offerings to Google, and Google and its Affiliates may use any feedback or suggestions provided without restriction and without obligation to Customer.

F. Termination. Either party may terminate Customer's use of a Pre-GA Offering at any time with written notice to the other party.

This Section 4 (Unaffiliated Cloud Marketplace) applies only if Customer orders Looker Services from an Unaffiliated Cloud Marketplace (such Looker Services, “UCM Services”). For the purposes of UCM Services:

A. The section of the Agreement entitled “Payment Terms” will not apply.

B. Fees for UCM Services will apply and be payable directly to the provider of the Unaffiliated Cloud Marketplace.

C. Google and Customer will agree upon pricing and quantities for the UCM Services in advance of Customer placing an order for the UCM Services with the provider of the Unaffiliated Cloud Marketplace (such order, a “UCM Order”), and Google will provide to Customer the agreed-upon UCM Services after Customer places the UCM Order.

D. Customer will receive any applicable SLA credits or monetary refunds described in this Agreement from the provider of the Unaffiliated Cloud Marketplace only.

E. Any renewal(s) of the UCM Services will be as agreed between Customer and Google.

F. For the purpose of this Section 4 (Unaffiliated Cloud Marketplace), the following definitions apply:

“Order Term,” as it is used in this Agreement, means the period of time starting on the Services Start Date or the renewal date (as applicable) for the UCM Services and continuing until the expiration or termination of the applicable UCM Order.

“Services Start Date,” as it is used in this Agreement, means either the start date described in the UCM Order or, if none is specified in the UCM Order, the date Google makes the UCM Services available to Customer.

“Unaffiliated Cloud Marketplace” means an online cloud marketplace that is not owned or managed by Google or its Affiliates.

The Looker Marketplace includes software and services that are not owned by Google. Customer’s use of such software or services is governed by a separate agreement between Customer and the third party provider. Customer may need to accept third party terms and conditions before accessing or downloading such software or services via the Looker Marketplace. Customer acknowledges and agrees that Google is not responsible for, and makes no representations or warranties regarding the installation, integration, interoperability, functionality or content of any third party software or services provided via the Looker Marketplace.

The Oracle JDBC software components used in conjunction with the Services are subject to the terms and conditions stated at https://cloud.google.com/terms/looker/legal/customers/service-terms/oracle.

Looker (original) visualizations include Google Maps features and content that are subject to the then-current versions of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (together, the “Google Maps Terms”). To the extent Customer includes Google Maps features and content in the Looker (original) Services under an External Business Purposes deployment, Customer will include the Google Maps Terms in the contract governing use of that Customer Application by PBL Client and its users.

A. Disclaimers.

1. Looker Generative AI Services (i) use emerging technology, (ii) may provide inaccurate or offensive Generated Output; and (iii) may provide content that does not represent Google’s views. Generated Output is not designed for or intended to meet Customer’s regulatory, legal, or other obligations, or to be used, or relied upon, as a substitute for medical, legal, financial, or other professional advice.
2. Looker Generative AI Services are part of Gemini for Google Cloud and may not support the same compliance and security offerings as Looker (original) Services or your other data sources, including data residency controls. Only enable Looker Generative AI Services for Instances or Projects (with respect to Looker Studio Pro) that require compliance offerings where the requisite compliance offerings are supported by Gemini for Google Cloud. See here for more information. 

B. Similar Generated Outputs. Customer acknowledges that Looker Generative AI Services may, in some scenarios, produce the same or similar Generated Output for multiple Customers.

C. Prohibited Use Policy. For the purposes of Looker Generative AI Services, the Prohibited Use Policy located at https://policies.google.com/terms/generative-ai/use-policy, as may be updated from time to time, is incorporated into the AUP.

D. Use Restriction. Customer will not, and will not allow End Users to, use Generated Output (i) as a material input for the development of models that compete with Looker Generative AI Services or other Looker (original) Services; or (ii) to reverse engineer or extract components of any Looker (original) Services or their models (except to the extent such restriction is expressly prohibited by applicable law).

E. Usage and Availability of the Services.

1. Customer understands and agrees that it will not, and will not allow End Users to, use Looker Generative AI Services in a manner that exceeds the limits specified by Google.
2. Gemini in Looker is only available for Looker Hosted Deployments.

F. Age Restrictions. Customer will not allow End Users under the age of 18 to use Looker Generative AI Services. 

G. Healthcare Restrictions. Customer will not, and will not allow End Users to, use Looker Generative AI Services for clinical purposes (for clarity, non-clinical research, scheduling, or other administrative tasks are not restricted), to provide medical advice, medical treatment, or diagnosis; or in any manner that is overseen by or requires clearance or approval from any clinical, medical or healthcare or other regulatory authority.

H. Suspected Violations. Google may immediately suspend or terminate Customer's use of Looker Generative AI Services based on any suspected violation of subsections (8.D) through (8.G) above.

I. Restrictions. The restrictions contained in subsections (8.F) and (8.G) above are deemed to be “Restrictions” or “Use Restrictions” under the applicable Agreement.

J. Additional Google Indemnification Obligations.

1. Generated Output. Google’s indemnification obligations under the Agreement also apply to allegations that an unmodified Generated Output from a Generative AI Indemnified Service infringes a third party’s Intellectual Property Rights. This subsection (1) (Generated Output) does not apply if the allegation relates to a Generated Output where: (i) Customer creates or uses such Generated Output that it knew or should have known was likely infringing, (ii) Customer (or Google at Customer’s instruction) disregards, disables, or circumvents source citations, filters, instructions, or other tools Google makes available to help Customer create or use Generated Output responsibly, (iii) Customer uses such Generated Output after receiving notice of an infringement claim from the rightsholder or its authorized agent, or (iv) the allegation is based on a trademark-related right as a result of Customer’s use of such Generated Output in trade or commerce. “Generative AI Indemnified Service” means a Service or feature listed at https://cloud.google.com/terms/generative-ai-indemnified-services, where the use of such Service or feature is paid for by Customer and not subject to credits or free tier usage.
2. Training Data. Google’s indemnification obligations under the Agreement also apply to allegations that Google’s use of training data to create any Google model utilized by a Generative AI Service infringes a third party’s Intellectual Property Rights. This indemnity does not cover allegations related to a specific Generated Output, which may be covered by subsection (1) (Generated Output) above.

K. Training Restriction. Google will not use Customer Data to train or fine-tune any of its generative artificial intelligence models supporting the Looker Generative AI Services without Customer's prior permission or instruction.

L. Modifying, Disregarding, or Disabling Safety Filters. Google makes available safety filters for certain Looker Generative AI Services. Customer is solely responsible for (i) its use, non-use, or modification (including modifications made by Google at Customer’s instruction) of safety filters in creating Generated Output, and (ii) disregarding safety instructions or Documentation.

M. Definitions.

"Generated Output" means the data or content generated or received by Customer or its End Users via Looker Generative AI Services under the Customer’s Account, as prompted by data or content submitted by them via those services. Generated Output is Customer Data. As between Customer and Google, Google does not assert any ownership rights in any new intellectual property created in the Generated Output.

"Looker Generative AI Services" includes (i) Gemini in Looker and (ii) other generative artificial intelligence features or functionality of Looker (original).

“Project” has the meaning given in the Agreement with respect to GCP Services.

"Customer Hosted Deployment" means the Software installed by or for Customer at Customer's premises or on a Customer-controlled server within a data center selected and managed by Customer. A Customer Hosted Deployment includes the In-Product Services.

"Deployment Attributes" means the quantified usage of the Services as specified on an Order Form, which include, but are not limited to the number of Instances, End Users, API calls or other licensing attributes defined by the Scope of Use.

"External Business Purposes" or "PBL" means the use of the Services or Software embedded in a Customer Application.

"In-Product Services" means the services hosted and made accessible by Google through the Software, specifically licensing data, configuration backups, system error reports, data actions and support tickets.

"Instance" means one single configuration of the Software's administrative settings and application database, subject to the platform restrictions detailed in the Order Form. Each Instance requires a unique license key to operate. Multiple identically configured Instances running with separate configurations are considered separate instances.

"Internal Business Purposes" means use of the Services by or for the benefit of Customer's internal operations.

"Looker Hosted Deployment" means the Software installed by Google on a web connected platform that is run in a third-party hosting facility designated by Google, unless otherwise agreed by the parties in an Order Form. A Looker Hosted Deployment includes the In-Product Services.

"PBL Client" means (i) the PBL User or (ii) Customer's client that authorizes use of the Services by PBL Users.

"PBL User" is an individual authorized to use the Services for External Business Purposes as an End User.

"Scope of Use" means any limits on installation or usage of Software or Services described in the Documentation, Order Form, or otherwise presented by Google.