1.1 Your use of the Android Backup Service (referred to as the "Service" in this document) is subject to the terms of a legal agreement between you and Google. "Google" means Google Inc., whose principal place of business is at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Google, your agreement with Google will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Terms".
1.3 The Terms form a legally binding agreement between you and Google in relation to your use of the Service. It is important that you take the time to read them carefully.
2.1 In order to use the Service, you must first agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Google.
2.3 You may not use the Service and may not accept the Terms if you are not of legal age to form a binding contract with Google.
2.4 You represent that you have full power, capacity and authority to accept these Terms. If you are accepting on behalf of your employer or another entity, you represent that you have full legal authority to bind your employer or such entity to these Terms. If you don't have the legal authority to bind, please ensure that an authorized person from your entity consents to and accepts these Terms.
3.1 Google has subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Service to you on behalf of Google itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Service to you.
3.2 Google is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Google provides may change from time to time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that Google may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Google's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Google when you stop using the Service.
3.4 You acknowledge and agree that if Google disables your Backup Service Key, you and the Android application(s) you developed ("Application(s)") may be prevented from accessing the Service and any content that is stored with the Service.
3.5 You acknowledge and agree that Google may set a fixed upper limit on the number of backup transmissions you may send or receive through the Service or on the amount of storage space used for the provision of the Service at any time, at Google's discretion. You agree to abide by any such fixed upper limits.
4.1 In order to access the Service, you must have a unique application identifier ("Package Name") for your Application as described in the documentation for the Service.
4.2 After supplying Google with the Package Name and accepting the Terms, you will be issued an alphanumeric key ("Backup Service Key") assigned to you by Google that is uniquely associated with your Application. Your Application must include this Backup Service Key as described in the documentation for the Service.
4.3 There is currently no limit to the number of Backup Service Keys you may obtain in this manner provided that you use a different Package Name for each Backup Service Key you obtain. You agree that each Backup Service Key is only valid for Applications with the corresponding Package Name. You agree that Google may, in its sole discretion, impose a limit on the number of Backup Service Keys that may be obtained in the future. You agree that your continued use of any of the Backup Service Keys assigned by Google, or distribution of any Applications using such Backup Service Keys, constitutes your continued agreement to these Terms.
4.4 You agree to use the Service only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, third-party terms of service, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
4.5 You agree not to access (or attempt to access) any of the Service by any means other than through the interfaces, methods, and APIs that are provided by Google, unless you have been specifically allowed to do so in a separate agreement with Google.
4.6 You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), or the servers or networks of any third-party.
4.7 You agree that your use of the Service will be in compliance with any documentation guidelines provided by Google and that failure to comply with the documentation guidelines may result in the disabling of the Backup Service Key(s) for your Application(s).
4.8 Unless you have been specifically permitted to do so in a separate agreement with Google, you agree that you will not reproduce, duplicate, copy, sell, trade or resell (a) use of the Service, or (b) access to the Service.
4.9 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) your and your Application's use of the Service, any breach of your obligations under the Terms, and for the consequences (including any loss or damage which Google may suffer) of any such breach.
4.10 You agree that in your use of the Service, you and your Applications will protect the privacy and legal rights of users. You must provide legally adequate privacy notice and protection for users whose data your Applications back up to the Service. Further, your Application may only use that information for the limited purpose of backing up the data to the Service unless the user has given you permission for further use. If the user has not given you permission to back up information to the Service, you may not transmit such information to the Service.
4.11 You agree that you and your Applications will not transmit or store sensitive user information, such as user names, passwords, or credit card numbers, through the Service.
5.1 You agree and understand that you are responsible for maintaining the security associated with any information you provide to access the Service as well as of the Backup Service Key(s) assigned to you by Google. You agree that only you are authorized to use the Backup Service Key(s) assigned to you.
5.2 Accordingly, you agree that you will be solely responsible to Google for all activities that occur in connection with your access to the Service, as well as the Backup Service Key.
5.3 If you become aware of any unauthorized use of your Backup Service Key(s) you agree to notify Google immediately.
6.1 For information about Google's data protection practices, please read Google's privacy policy at http://www.google.com/privacy.html. This policy explains how Google treats your personal information when you use the Service.
6.2 You agree to the use of your data in accordance with Google's privacy policies.
7.1 You agree that you are solely responsible for (and that Google has no responsibility to you or to any third party for) any Content that you or your Applications transmit or store through the Service and for the consequences of your actions (including any loss or damage which Google may suffer) by doing so. You agree that you are solely responsible for (A) any Content that is transmitted through the Service by your Applications, and (B) any Content that Devices retrieve from the Service by virtue of your Applications. For purposes of the Terms, "Content" means information such as data, messages, settings information, written text, computer software, music, audio files or other sounds, photographs, videos or other images. "Device(s)" means device(s) powered by the Android operating system.
7.2 You agree that you will not transmit any Content through the Service that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to transmit the Content through the Service.
8.1 You acknowledge and agree that Google (or Google's licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Unless you have agreed otherwise in writing with Google, nothing in the Terms gives you a right to use any of Google's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
8.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Google, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Google's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.google.com/permissions/ guidelines.html (or such other URL as Google may provide for this purpose from time to time).
8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright, trade mark notices) which may be affixed to or contained within the Service.
9.1 Subject to terms and conditions of these Terms, Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Service as provided to you by Google. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Google, in the manner permitted by the Terms.
9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code from the Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Google, in writing.
9.3 Unless Google has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service.
10.1 Google claims no ownership or control over any source code written by you to be used with the Service. You retain copyright and any other rights you already hold in this code, and you are responsible for protecting those rights, as appropriate.
11.1 The Terms will continue to apply until terminated by either you or Google as set out below.
11.2 You may terminate your legal agreement with Google by discontinuing your use of the Service at any time.
11.3 Google may, at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Google is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
(C) Google is transitioning to no longer providing the Service; or
(D) your Application fails to meet the documentation guidelines provided by Google.
11.4 Nothing in this Section shall affect Google's rights regarding provision of the Service under Section 3 of the Terms.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Google have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 12, 13 and Paragraph 16 shall continue to apply to such rights, obligations and liabilities indefinitely.
12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT GOOGLE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE".
12.3 IN PARTICULAR, GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND
(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOGLE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 GOOGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH GOOGLE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE;
(III) YOUR FAILURE TO PROVIDE GOOGLE WITH ACCURATE ACCOUNT INFORMATION; OR
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
13.2 THE LIMITATIONS ON GOOGLE'S LIABILITY TO YOU IN PARAGRAPH 13.1 ABOVE SHALL APPLY WHETHER OR NOT GOOGLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14.1 You agree to hold harmless and indemnify Google, and its subsidiaries, affiliates, officers, agents, employees, or licensors from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, or (c) your violation of applicable laws, rules or regulations in connection with the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Google will provide you with written notice of such claim, suit or action.
15.1 Due to things like changes to the law or changes to functionality offered through the Service, Google may need to change these Terms from time to time. You should look at the Terms regularly. We'll post notice of the modified Terms within, or through, the Service. Once the modified Terms are posted, the changes will become effective immediately, and you are deemed to have accepted the modified Terms if you continue to use the Service. If you do not agree to the modified Terms for the Service, please stop using the Service.
16.1 The Terms constitute the whole legal agreement between you and Google and govern your use of the Service (but excluding any service which Google may provide to you under a separate written agreement), and completely replace any prior agreements between you and Google in relation to the Service.
16.2 You agree that Google may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
16.3 You agree that if Google does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Google has the benefit of under any applicable law), this will not be taken to be a formal waiver of Google's rights and that those rights or remedies will still be available to Google.
16.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.5 You acknowledge and agree that each member of the group of companies of which Google is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
16.6 The Terms, and your relationship with Google under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Google agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Google shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.