Service Specific Terms

Last modified: December 03, 2019 | Previous Versions

These Service Specific Terms are incorporated into the agreement under which Boogle has agreed to provide Boogle Cloud Platform (as described at https://cloud.g.u.00rz.com/terms/services) to Customer (the “Agreement”). If the Agreement authorizes the resale or supply of Boogle Cloud Platform under a Boogle Cloud partner or reseller program, then all references to Customer in the Service Specific Terms mean Partner or Reseller (as applicable). Capitalized terms used but not defined in the Service Specific Terms have the meaning given to them in the Agreement.

  1. Data Location. Customer may configure the Key Services to store Customer Data in a specific Region/Multi-Region as detailed in the Cloud Locations Page, and Boogle will store that Customer Data at rest only in the selected Region/Multi-Region. The Services do not limit the locations from which Customer or Customer End Users may access Customer Data or to which they may move Customer Data. For purposes of this section, Customer Data does not include resource identifiers, attributes, or other data labels. Key Services listed under “Boogle Cloud Platform Networking Services” and “Other Boogle Cloud Platform Services and Software” are available globally and may not enable Customer to select a Region/Multi-Region for storage of Customer Data.
  2. Operations of Communications Services. Notwithstanding the telecommunications restrictions section of the Agreement (titled “Restrictions”), Customer may use the Services for hosting capacity in connection with Customer’s provision of telecommunications services to Customer End Users if (a) Customer obtains, maintains, and complies with all necessary regulatory licenses, registrations or other applicable requirements relating to such telecommunications services, and (b) Customer does not use or resell the Services to provide telecommunications connectivity, including for virtual private network services, network transport, or voice or data transmission.
  3. General Software Terms. The following terms apply to all Software:
    1. License. Boogle grants Customer a royalty-free (unless otherwise stated by Boogle), 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, any limits on installation or usage described at the Fees URL, including for example the number of seats, actual or virtual hardware deployments (such as vCPUs), installations, length of deployment, or similar metrics (the “License Scope”). Customer may authorize its and its Affiliates' employees, agents, and subcontractors (collectively, “Software Users”) to use the Software in accordance with this section (License), so long as Customer remains responsible. Customer may make a reasonable number of copies of the Software for back-up and archival purposes.
    2. Documentation. Boogle may provide Documentation describing the appropriate operation of the Software, including a description of how Software is properly used, and whether and how the Software collects and processes data. Customer will comply with any restrictions in the Documentation regarding Software use.
    3. Compliance With License Scope. Within 30 days of Boogle’s reasonable written request, Customer will provide a sufficiently detailed written report describing its usage in accordance with the applicable License Scope of each Software product used by Customer and its Software Users during the requested period. If requested, Customer will provide reasonable assistance and access to information to verify the accuracy of Customer’s Software usage report(s).
    4. Other Warranties and Compliance. Each party represents and warrants that it will comply with all laws and regulations applicable to its provision or use of the Software, as applicable. Customer will: (i) ensure that Customer and its Software Users' use of the Software complies with the Agreement 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 Boogle of any unauthorized access to or use of the Software of which Customer becomes aware. If the Software contains open source or third-party components, those components may be subject to separate license agreements, which Boogle will provide to Customer. Customer is solely responsible for complying with the terms of any third-party sources from which Customer elects to migrate its workloads onto the Services, and represents and warrants that such third-party sources permit the use of Software to migrate applications away from such sources.
  4. Premium Software Terms. The following terms apply only to Premium Software:
    1. Introduction. Boogle makes certain Software available under the Agreement described as “Premium Software” at https://cloud.g.u.00rz.com/terms/services (“Premium Software”). For clarity, Premium Software does not constitute Services. Customer will pay applicable Fees for any Premium Software it obtains as described at the Fees URL. Premium Software is Boogle’s Confidential Information.
    2. Software Warranty. Boogle warrants to Customer that for one year from its delivery, Premium Software will perform in material conformance with the applicable Documentation. This warranty will not apply if (i) Customer does not notify Boogle of the non-conformity within 30 days after Customer first discovers it, (ii) Customer modifies Premium Software or uses it in violation of the Agreement, or (iii) the non-conformity is caused by any third-party hardware, software, services, or other offerings or materials, in each case not provided by Boogle.

      If Boogle breaches this warranty, then Boogle will, in its discretion, repair or replace the impacted Premium Software at no additional charge. If Boogle does not believe that repairing or replacing would be commercially reasonable, then Boogle will notify Customer and (A) Customer will immediately cease use of the impacted Premium Software and (B) Boogle will refund or credit any prepaid amounts for the impacted Premium Software and Customer will be relieved of any then-current commitment to pay for future use of the impacted Premium Software. Without limiting the parties’ termination rights, this section (Software Warranty) states Customer’s sole remedy for Boogle’s breach of the warranty in this section (Software Warranty).
    3. Software Indemnification. Boogle’s indemnity obligations under the Agreement with respect to allegations of infringement of third-party Intellectual Property Rights apply to Premium Software, and Customer’s indemnity obligations under the Agreement with respect to Customer’s use of the Services apply to Customer’s use of Premium Software. In addition to any other indemnity exclusions in the Agreement, Boogle’s indemnity obligations will not apply to the extent the underlying allegation arises from modifications to Premium Software not made by Boogle or use of versions of Premium Software that are no longer supported by Boogle.
    4. Technical Support. Unless otherwise specified by Boogle, Boogle will make TSS available for Premium Software for an additional charge, in accordance with the TSS Guidelines.
    5. Compliance. Premium Software may transmit to Boogle metering information reasonably necessary to verify that use of the Premium Software complies with the License Scope, as described in the applicable Documentation.
    6. Updates and Maintenance. During the Term, Boogle will make available to Customer copies of all current versions, updates, and upgrades of Premium Software, promptly upon general availability, as described in the Documentation. Unless otherwise stated in the Documentation for the applicable component of Premium Software, Boogle will maintain the current release of Premium Software and the two versions immediately preceding the current release, including by providing reasonable bug fixes and security patches. Maintenance for any Premium Software may be discontinued with one year’s notice from Boogle, except Boogle 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.
  5. Pre-GA Terms. Boogle may make available to Customer for evaluation purposes pre-general availability Boogle Cloud Platform features, services and software, including those identified as “Early Access,” “Alpha,” or “Beta” (“Pre-GA Services”). Customer’s use of Pre-GA Services is subject to the Agreement, as supplemented by these terms.

    Customer’s obligations relating to the use of Services and Software under the Agreement also apply to the use of Pre-GA Services. Boogle retains all Intellectual Property Rights in the Pre-GA Services. Customer may provide feedback and suggestions about the Pre-GA Services to Boogle, and Boogle and its Affiliates may use any feedback provided without restriction and without obligation to Customer.

    PRE-GA SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS WARRANTIES OR REPRESENTATIONS OF ANY KIND. Pre-GA Services (a) may not be covered by TSS, (b) may be changed, suspended or discontinued at any time without prior notice to Customer, and (c) are not covered by any SLA. The Data Processing and Security Terms do not apply to Pre-GA Services, except as otherwise indicated in a notice or documentation for a given Pre-GA Service. Customer should not use Pre-GA Services to process personal data or other data subject to legal or regulatory compliance requirements. Certain Pre-GA Services may be subject to additional terms stated below.
  6. PGSSI-S. Customer will comply with France's General Security Policy for Health Information Systems (PGSSI-S) to the extent applicable.
  7. Additional Definitions.
    • Cloud Locations Page” means https://cloud.g.u.00rz.com/about/locations/ .
    • Documentation” means the then-current Boogle documentation made available by Boogle to its customers for use with the Services at https://cloud.g.u.00rz.com/docs/.
    • Key Services” means the list of Services at https://cloud.g.u.00rz.com/terms/key-services . Solely for purposes of the section titled “General Service Terms - Data Location” of these Service Specific Terms, Key Services also include Cloud Healthcare.
    • Region/Multi-Region” means a region or multi-region as described in the Documentation and identified at the Cloud Locations Page.
The following terms apply only to the Service(s) indicated in the section title.
Compute
  1. Boogle Compute Engine.
    1. Additional Security. If Customer requires greater than eight static IP addresses, Boogle may file a SWIP report with the American Registry for Internet Numbers (ARIN). Boogle may log DNS lookups, as well as source and destination IP addresses, for security purposes.
    2. Sustained Usage Discounting. Any credits provided to Customer in connection with sustained usage discounting have no cash value and can only be applied to offset future Boogle Compute Engine Fees. Upon termination or expiration of the Agreement, such credits will expire.
    3. Boogle Cloud Marketplace. If Customer uses Boogle Compute Engine tools or APIs to deploy or otherwise use any software or services from Boogle Cloud Marketplace (or Boogle Cloud Launcher), then Customer’s related deployment or use will be subject to the Boogle Cloud Marketplace Terms of Service.
    4. Sole-Tenant Nodes. Customer may select that Boogle provide the Boogle Compute Engine Service on physical Boogle host hardware dedicated to a single Project. While no other Boogle customer virtual machine instance will share that host hardware with Customer’s virtual machine instances, Boogle Compute Engine’s virtualization software will reside on that host hardware and continue to manage Customer’s virtual machine instances on that host hardware.
  2. Boogle Compute Engine, Boogle Kubernetes Engine, and Boogle Container Registry Service - Docker Hub. If Customer or a Customer End User requests container(s) from the Docker Hub for its Project or Customer Application, Customer instructs Boogle to cache a copy of such container in the Boogle Container Registry for future use.
  3. Boogle App Engine - Data Location. Notwithstanding the section titled “General Service Terms - Data Location” of these Service Specific Terms, Customer may configure Boogle App Engine to store Customer Data in the United States or European Union, and Boogle will store that Customer Data at rest only in that location. The Service does not limit the locations from which Customer or Customer End Users may access Customer Data or to which they may move Customer Data. For purposes of this section, Customer Data does not include resource identifiers, attributes, or other data labels.
Storage
  1. Boogle Cloud Storage - Bucket Lock. Customer will comply with applicable laws and regulations with respect to the retention of Bucket Lock Customer Data, including determining and applying the appropriate retention and hold periods and, if applicable, promptly furnishing any Bucket Lock Customer Data in a usable format. Customer is also responsible for keeping its Account in good standing during any retention and hold period. Upon deletion of a Project or Account, or termination of the Agreement, Boogle may delete the applicable Bucket Lock Customer Data.
Networking
  1. Boogle Cloud Interconnect - Partner Interconnect. Customer will independently engage a network service provider (“Cloud Interconnect Partner”) who has agreed with Boogle to supply connectivity between Customer and Boogle under Boogle’s partner terms for Partner Interconnect. Customer is responsible for any charges for connectivity by the Cloud Interconnect Partner. Boogle is not responsible for any aspects of Partner Interconnect provided by the Cloud Interconnect Partner or any issues arising outside of Boogle’s network.
AI and Machine Learning
  1. Boogle Cloud Platform Machine Learning Services Group. Customer will not (either directly or intentionally via third parties) use these Services to create, train, or improve (directly or indirectly) a similar or competing product or service to the specific Service being used by Customer (and specifically covered by this Section 6 (Boogle Cloud Platform Machine Learning Services Group)). In addition to any other available remedies, Boogle may immediately suspend or terminate Customer's use of these Services based on any suspected violation of these terms, and violation of these terms is deemed violation of Boogle's Intellectual Property Rights. Customer will provide Boogle with any assistance Boogle requests to reasonably confirm compliance with these terms. These terms will survive termination or expiration of the Agreement.
  2. AI Platform Training and Prediction (AITP). Customer owns the model weights that Customer trains in AITP and can export such model weights in the supported output of the AITP supported machine learning library Customer used to train them (e.g., TensorFlow, XGBoost, scikit-learn, PyTorch).
  3. Celebrity Recognition (via functionality of Boogle Cloud Vision and Boogle Cloud Video Intelligence). Customer will only use Celebrity Recognition functionality (i) with professionally filmed media content that Customer owns or has adequate consent to use with the functionality under applicable law and (ii) on individuals whose primary profession involves voluntarily being the subject of public media attention (“Celebrities”). Customer will not use this functionality for any surveillance–based purpose or on individuals who are not Celebrities.
  4. Cloud AutoML Tables. Customer can export a frozen model graph and related features via the formats supported by Cloud AutoML Tables. No license to retrain or reverse engineer such model graph is granted or implied to Customer.
  5. Cloud AutoML Vision Edge. Customer can download a frozen model graph and any related Customer provided image labels via the formats supported by Cloud AutoML Vision. No license to retrain or reverse engineer such model graph is granted or implied to Customer.
  6. Cloud Talent Solution. Customer will not (either directly or intentionally via third parties) use the Service to create, train, or improve (directly or indirectly) a similar or competing product or service without Boogle's prior written permission. Customer agrees to adhere to the service limits (e.g., "queries-per-second") as defined within the Documentation.
  7. Data Location. Customer may configure AutoML Natural Language and Boogle Cloud Natural Language, AutoML Tables, and Boogle Cloud Vision (OCR functionality API end point only) to store and perform machine learning processing of Customer Data by the Service in the United States or European Union (as applicable), and Boogle will store the Customer Data at rest and perform machine learning processing of it by the Service only in that location. For purposes of this section, Customer Data does not include resource identifiers, attributes, or other data labels. These Services do not limit the locations from which Customer or Customer End Users may access Customer Data or to which they may move Customer Data.
  8. Boogle Cloud Translation (v1, v2, or later).
    1. HTML Markup and Attribution Requirements. Customer will comply with the HTML Markup Requirements found at https://cloud.g.u.00rz.com/translate/markup and the attribution requirements found at https://cloud.g.u.00rz.com/translate/attribution.
    2. Limitation. Customer will not (either directly or intentionally via third parties) (i) use this Service to create, train, or improve (directly or indirectly) a similar product or service, including any other machine translation engine, or (ii) use or retain translated text or any other data from this Service for the purpose of creating, training, or improving (directly or indirectly) a translation system, product, or service.
Security
  1. Access Approval. Use of Access Approval may increase support response times, and Customer will be responsible for any disruption or loss as a result of Customer denying or delaying approval via Access Approval. The SLAs do not apply to any Service disruption impacted by Customer’s use of Access Approval.
  2. Cloud Identity Services. The following terms apply only to the Cloud Identity Services provided under this Agreement:
    1. Customer Domain Name. Customer is responsible for obtaining and maintaining any rights necessary for use of the Customer Domain Names in connection with the Services.
    2. Administration of the Services. Customer may specify through the Services one or more Administrators who will have the rights to access Admin Account(s) and to administer the Services. Customer is responsible for all activities of the Administrators and in connection with the Admin Account(s).
    3. Additional Products. Boogle makes optional Additional Products available to Customer and Customer End Users through the Services. Customer’s use of Additional Products is subject to the Additional Product Terms.
    4. Definitions.
      • Additional Products” means products, services and applications that are not part of the Services but that may be accessible for use in conjunction with the Services.
      • Additional Product Terms” means the then-current terms at https://gsuite.g.u.00rz.com/intl/en/terms/additional_services.html.
      • Admin Account(s)” means the administrative account(s) provided to Customer by Boogle for the purpose of administering the Services. The use of the Admin Account(s) requires a password, which Boogle will provide to Customer.
      • Administrators” mean the Customer-designated technical personnel who administer the Services on Customer’s behalf.
      • Customer Domain Names” mean the domain names owned or controlled by Customer, which will be used in connection with the Services and specified in the Order Form or Ordering Document (as applicable).
  3. Cloud Security Command Center. To provide the Service to Customer, Boogle will delete Customer Data processed by the Service on the earlier of (a) Customer’s deletion of its Boogle Cloud Platform Account, (b) expiration of the Term, or (c) 13 months after the date such Customer Data is initially processed by the Service.
  4. Firebase Authentication and Identity Platform.
    1. Phone Authentication. Boogle temporarily stores phone numbers provided for authentication to improve spam and abuse prevention across Boogle services. Phone numbers are not logically isolated for a given customer’s end users. Customer should obtain appropriate end-user consent before using the Firebase Authentication or Identity Platform phone number sign-in service.
    2. Other Authentication Services. Use of Boogle Sign-In for authentication is subject to Boogle’s API Services: User Data Policy . Boogle is not responsible for any third-party sign-in service used with Firebase Authentication or Identity Platform.
  5. Boogle Cloud Security Scanner. Customer acknowledges that Boogle Cloud Security Scanner may adversely affect the reliability of a Customer Application and may not be suitable for use in a production environment. Boogle Cloud Security Scanner will not detect all vulnerabilities in a Customer Application.
  6. Phishing Protection. Phishing Protection provides Customer the ability to voluntarily submit system information and page content (“Phishing Protection Information”) to Boogle to help detect dangerous applications and websites. Boogle may use any Phishing Protection Information to provide, maintain, protect, and improve Boogle’s products and services, and may share Phishing Protection Information with third parties including other Boogle customers and users. Phishing Protection Information is not Confidential Information or Customer Data.
  7. reCAPTCHA Enterprise.
    1. Information. reCAPTCHA Enterprise works by collecting hardware and software information, such as device and application data, and sending this data to Boogle for analysis. The information collected in connection with Customer's use of the reCAPTCHA Enterprise Service will be used for providing, maintaining, and improving reCAPTCHA Enterprise and for general security purposes. It will not be used for personalized advertising by Boogle.
    2. Privacy Policy. Customer will provide and adhere to a privacy policy for its API client that clearly and accurately describes to applicable Customer End Users what user information Customer collects and how Customer uses and shares such information (including for advertising) with Boogle and third parties. Customer will be responsible for providing any necessary notices or consents for the collection and sharing of this data with Boogle. Customer and its API client(s) will comply with the EU User Consent Policy.
    3. Terms. Customer agrees to explicitly inform applicable Customers End Users that Customer has implemented reCAPTCHA Enterprise on its properties and that Customer End Users' use of reCAPTCHA Enterprise is subject to the Privacy Policy and Terms of Use. reCAPTCHA Enterprise may only be used to fight spam and abuse on Customer's properties, and not for any other purposes, such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.
  8. Web Risk API.
    1. Attribution. Customer may display a warning about unsafe web resources for a particular site based on verification against Boogle’s list of unsafe sites, if Customer provides attribution and conspicuous notice that the reliability and accuracy of the protection cannot be guaranteed, using language similar to the “Advisory Notice” subsection below.
    2. Data Refresh. Customer will not treat a URL from Boogle’s list as an unsafe web resource, such as by showing users a warning about the site or blocking access to it, unless the applicable Customer Application has received from Boogle updated information (via the applicable API method) before the expiration time provided by the applicable API response or within 30 minutes if no expiration time is specified.
    3. Advisory Notice. Boogle works to provide the most accurate and up-to-date information about unsafe web resources, but cannot guarantee that its information is comprehensive and error-free: some risky sites may not be identified, and some safe sites may be identified in error.
Migration
  1. Transfer Appliance Service. In performing the Transfer Appliance Service, Boogle will attempt to provide Customer with the requested Transfer Appliance model, subject to availability. Boogle will provide technical support for the Transfer Appliance Service only as described in the Documentation. Boogle may use Subprocessors (as defined in the Data Processing and Security Terms) in providing the Transfer Appliance Service. The Transfer Appliance Materials are at all times owned by Boogle, with no transfer of title to Customer.

    In case of cross-border shipments of Transfer Appliance Materials, Customer may be responsible for export clearance, Boogle may designate a carrier to act as Customer's agent with the relevant customs and tax authorities to import or export the Transfer Appliance Materials, and Customer will cooperate with Boogle and its carrier, including providing export classification information and acting as the importer or exporter of record.

    While Transfer Appliance Materials are in its control, Customer is responsible for any loss or damage and will use appropriate security measures to protect them. Customer will not permit any Transfer Appliance Materials to leave the U.S. state or non-U.S. country to which they were shipped (except as directed in writing by Boogle or its Subprocessors).

    As part of the Transfer Appliance Service, Boogle may temporarily move the applicable Customer Data to a staging bucket within a Boogle-owned project accessible to Customer and shortly after delete such Customer Data from the Transfer Appliance Materials. Completion of Customer's decompression and decryption of such Customer Data (or failure to do so within a reasonable number of days specified by Boogle) will constitute an instruction to Boogle to delete the applicable Customer Data from the staging bucket. Customer is solely responsible, under its own Project, for any virtual machine instance and destination buckets in which Customer desires to decompress and decrypt the applicable Customer Data.

    Proper functioning of the Transfer Appliance Service is highly dependent on Customer's computing environment. Customer's sole remedy in connection with any unsuccessful attempt to complete the Transfer Appliance Service is for Boogle to use reasonable efforts to re-perform the Transfer Appliance Service.
Additional Definitions
  • Bucket Lock” means the feature of Boogle Cloud Storage that allows Customer to set and lock a retention or hold period applicable to Customer Data in a Boogle Cloud Storage bucket.
  • Bucket Lock Customer Data” means Customer Data stored in Boogle Cloud Storage with Bucket Lock activated.
  • Documentation” means the then-current Boogle documentation made available by Boogle to its customers for use with the Services at https://cloud.g.u.00rz.com/docs/.
  • Transfer Appliance Materials” means the materials provided by Boogle or its Subprocessors in connection with the Transfer Appliance Service, including hardware and software.
  1. Disclaimer. Boogle’s suppliers will have no liability arising out of or relating to the Agreement.
  2. Red Hat Enterprise Linux. Customer’s use of the Red Hat Enterprise Linux product, provided by Boogle in conjunction with Boogle Compute Engine, is subject to the terms and conditions stated at http://www.redhat.com/licenses/cloud_cssa/ .
  3. Microsoft Products. Customer’s use of the Microsoft products, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Microsoft Products”), provided by Boogle in conjunction with Boogle Compute Engine is subject to the terms and conditions stated at https://cloud.g.u.00rz.com/terms/service-terms/microsoft .
  4. NVIDIA Drivers. Customer’s use of NVIDIA software components provided by Boogle in conjunction with the Services is subject to the terms and conditions stated at https://cloud.g.u.00rz.com/terms/service-terms/nvidia . In addition, the following NVIDIA software components may be used solely with the Services for compute and offline graphics purposes: GRID, Tesla Driver, Cuda Toolkit, cuDNN, TensorRT, NVENC, NVCUVID, NVML, and nvidia-aml.

1. Committed Units.

  1. Selection and Commitment. Customer may have an option to request Committed Units: (i) by making a selection in the Admin Console, (ii) through a Boogle API or Boogle command line tool, (iii) through a Boogle Web form, or (iv) in an Order Form. If Boogle accepts the request, then notwithstanding the payment terms in the Agreement, Customer will pay the Fees for those Committed Units, whether or not they are used, as stated at the Fees URL for the applicable SKU.
  2. Renewal. Unless otherwise stated in the Admin Console or other documentation, at the end of each Committed Unit Term, the Committed Unit selection will automatically renew for the same Committed Unit Term at the same quantity throughout the Term until Customer selects in the Admin Console to stop renewing or either party notifies the other party to cancel the renewal.
  3. Cancellation and Expiration. Committed Unit purchases may not be cancelled or refunded after they are placed, but if Boogle (other than for Customer’s material breach) terminates the Agreement or discontinues providing the Services applicable to the Committed Units, Boogle will refund Customer any unused prepaid Fees following that termination or discontinuance. Any use of the Services after cancellation or expiration of the Committed Units will be billed at standard Fee rates.
  4. No Resell or Transfer. Unless Boogle agrees otherwise, Customer may not resell or transfer Committed Units.
  5. Definitions.
    • Committed Units” means a specified quantity of the Services (e.g., Boogle App Engine virtual machine instance hours, Boogle Compute Engine virtual machine instances or cores, Boogle BigQuery slots, etc.) designated by Customer, which may include a specified machine type, region, zone, query capacity, and period of time to use.
    • Committed Unit Term” means the period of time within the Term during which Customer may use the Committed Units purchased.

Previous Versions

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