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Google Cloud

cloud.google.com

21 flagged clauses across 7 risk dimensions

C
⏱️
0min

to read this ToS

Google Cloud's fine print is longer than you think.

🎧Longer than your Spotify Wrapped — for ALL of last year.

Caffeine required:

The 5 things you actually need to know

  • 1

    They can change the terms anytime, and if you don't like it, you can leave, but you still owe them money.

  • 2

    They can suspend your account for pretty much any reason, including if they *think* you're about to break rules.

  • 3

    Your data is yours, but they can use your feedback (suggestions, ideas) however they want, for free.

  • 4

    They might train AI on your prompts, but only to check for abuse, and they'll tell you if they do.

  • 5

    If you leave, all your data and access disappear, and you still owe them any outstanding fees. No refunds.

Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇

🤖

AI training

1 flag
  • Severity 3
    "Google uses automated safety tools to detect abuse of Generative AI Services. Notwithstanding the "Handling of Prompts and Generated Output" section in the Service Specific Terms for GCP Services, if these tools detect potential abuse or violations of Google’s AUP or Prohibited Use Policy, Google may log Customer prompts solely for the purpose of reviewing and determining whether a violation has occurred."

    Google uses automated safety tools to detect abuse of Generative AI Services and may log customer prompts solely to review and determine if a violation has occurred.

    Your prompts may be logged and reviewed by Google if their automated tools suspect abuse, even if no violation occurred.

🔄

Auto-renewal

2 flags
  • Severity 2
    "With a Flexible Plan. Order Terms for the Flexible Plan are monthly. At the end of each month, the Order Term will automatically renew for another month, unless canceled by Customer via the Admin Console."

    Google Cloud's Flexible Plan automatically renews monthly unless you cancel it in the Admin Console.

    You will be automatically charged each month unless you actively cancel the service.

  • Severity 2
    "With an Annual/Fixed-Term Plan. At the end of each Order Term for an Annual/Fixed-Term Plan, the GWS Services or Cloud Identity Services will renew consistent with Customer's elections in the Order Form or Admin Console."

    Google Cloud's Annual/Fixed-Term Plan automatically renews at the end of the term based on your order form or admin console elections.

    Your subscription will automatically renew at the end of the term unless you take specific action to prevent it.

💸

Price hikes

2 flags
  • Severity 3
    "Google may change the Fees at any time unless otherwise expressly agreed in an addendum or Order Form. For GWS Services, Looker (original) Services, and Cloud Identity Services only, (a) Google will notify Customer at least 30 days in advance of any changes, and (b) Customer's pricing will change if and when Customer's Order Term renews after the 30-day period."

    Google may change service fees at any time, but for GWS, Looker, and Cloud Identity Services, they will provide at least 30 days' notice before the renewal date.

    Your costs can increase upon renewal with only 30 days' notice for certain services.

  • Severity 3
    "If Customer objects to any change in Fees, Customer may terminate this Agreement for convenience under Section 8.5 (Termination for Convenience)."

    If you object to a fee change, you can terminate the agreement for convenience.

    You have the option to end your contract without penalty if you disagree with a price increase.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

4 flags
  • Severity 3
    "If Customer does not agree to any update to the Agreement regarding GCP or its TSS, Customer may stop using the GCP Services or TSS. Customer may also terminate this Agreement for convenience under Section 8.5 (Termination for Convenience)."

    If you disagree with updates to the GCP agreement or its technical support services, you can stop using the services or terminate the agreement for convenience.

    You can stop using the services or end your contract if you do not agree with changes to the terms.

  • Severity 3
    "If Customer objects to any change in Fees, Customer may terminate this Agreement for convenience under Section 8.5 (Termination for Convenience)."

    If you object to a fee change, you can terminate the agreement for convenience.

    You have the option to end your contract without penalty if you disagree with a price increase.

  • Severity 3
    "If this Agreement terminates, then all Order Forms also terminate. If this Agreement or an Order Form is terminated or not renewed, then (a) all rights and access to the Services (or in the case of termination of an Order Form, the applicable Services) will terminate (including access to Customer Data, if applicable), unless otherwise described in this Agreement or the Order Form, and (b) all Fees owed by Customer to Google under this Agreement or Order Form, as applicable, are immediately due upon Customer’s receipt of the final electronic bill or as stated in the final invoice."

    If the agreement or an order form terminates or is not renewed, all access to services and customer data will end, and all outstanding fees become immediately due.

    You will lose access to the services and your data upon termination, and you must pay all remaining fees.

  • Severity 2
    "Unless expressly stated otherwise in this Agreement or required by law, termination or non-renewal under any section of this Agreement (including the Cloud Data Processing Addendum or any Order Form) will not oblige Google to refund any Fees."

    Google is not obligated to refund any fees upon termination or non-renewal of the agreement, unless stated otherwise or required by law.

    You likely will not receive a refund for any unused portion of your subscription if you terminate or do not renew.

⚖️

Liability caps

2 flags
  • Severity 3
    "To the extent permitted by applicable law and subject to Section 12.3 (Unlimited Liabilities), neither party will have any Liability arising out of or relating to this Agreement for any (a) indirect, consequential, special, incidental, or punitive damages or (b) lost revenues, profits, savings, or goodwill."

    Neither party is liable for indirect, consequential, special, incidental, or punitive damages, or for lost revenues, profits, savings, or goodwill.

    You cannot recover damages for lost profits or other indirect losses if something goes wrong.

  • Severity 3
    "Each party's total aggregate Liability for damages arising out of or relating to this Agreement in connection with the GCP Services, GWS Services, SecOps Services, Looker (original) Services, or Cloud Identity Services, as applicable, is limited to the Fees Customer paid for such Services during the 12 month period before the event giving rise to Liability, except Google’s total aggregate Liability for damages arising out of or related to Services or Software provided free of charge is limited to $5,000."

    Each party's total liability for damages related to GCP, GWS, SecOps, Looker, or Cloud Identity services is capped at the fees paid in the prior 12 months, or $5,000 for free services.

    Your potential recovery for damages is limited to the amount you paid for the services in the past year.

🛡

Indemnification

1 flag
  • Severity 2
    "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 (a) any Customer Application, Project, Customer Data, or Customer Brand Features; or (b) Customer's or an End User's use of the Services in breach of the AUP or Section 3.3 (Restrictions)."

    You will defend Google against third-party claims arising from your applications, data, brand features, or misuse of the services.

    You must cover Google's legal costs if a third party sues them because of your actions or content.

👻

Silent term changes

9 flags
  • Severity 3
    "Google may use Customer's name and Brand Features in online or offline promotional materials of the Services."

    Google may use your company name and brand features in its promotional materials for the services.

    Your company may be featured in Google's marketing materials without your explicit consent for each use.

  • Severity 3
    "Google may change its offering of billing options (including by limiting or ceasing to offer any billing option) upon 30 days’ notice to Customer and any such change will take effect at the beginning of Customer’s next Order Term."

    Google may change its billing options with 30 days' notice, effective at the start of your next order term.

    Google can alter how you are billed, including discontinuing options, with advance notice.

  • Severity 3
    "Google may change the Fees at any time unless otherwise expressly agreed in an addendum or Order Form."

    Google may change the fees at any time unless otherwise agreed upon in an addendum or order form.

    Your service costs can be changed by Google at any time unless specifically negotiated otherwise.

  • Severity 3
    "For GWS Services, Looker (original) Services, and Cloud Identity Services only, (a) Google will notify Customer at least 30 days in advance of any changes, and (b) Customer's pricing will change if and when Customer's Order Term renews after the 30-day period."

    For GWS, Looker, and Cloud Identity Services, Google will provide at least 30 days' notice before changing fees, and the new pricing applies upon renewal after the notice period.

    Your pricing for these specific services can increase upon renewal, with a minimum of 30 days' advance notice.

  • Severity 3
    "Google may make commercially reasonable updates to the Services from time to time."

    Google makes commercially reasonable updates to its services from time to time.

    Google may change the services you use without your explicit consent.

  • Severity 3
    "Google may make updates to this Agreement from time to time. Google will post any update to this Agreement to https://cloud.google.com/terms/. This subsection 1.4(b) does not apply to updates to the URL Terms, which are governed by subsection 1.4(c) below."

    Google posts updates to the agreement online, and these updates become effective 30 days after posting, unless they are for new functionality or legally required.

    The terms of your agreement can change and become effective quickly, potentially impacting your rights and obligations.

  • Severity 3
    "With respect to GCP Services and their corresponding TSS, unless otherwise noted by Google, material updates to this Agreement will become effective 30 days after they are posted. Notwithstanding the preceding sentence, to the extent any updates apply to new functionality or are required to comply with applicable law, they will be effective immediately."

    Material updates to GCP services' terms become effective 30 days after posting, but immediate changes apply to new functionality or legal compliance.

    Changes to GCP terms can take effect quickly, especially for new features or legal requirements.

  • Severity 3
    "Google may make commercially reasonable updates to the URL Terms from time to time by posting any such update at the relevant URL Term. Unless otherwise noted by Google, material updates to the URL Terms will become effective 30 days after they are posted."

    Google may update URL terms 30 days after posting, unless otherwise noted, with material updates becoming effective after that period.

    The terms linked via URLs can be updated by Google, affecting your usage after a 30-day notice period.

  • Severity 3
    "Without limiting the generality of Section 1.4(c), Google may only update the Cloud Data Processing Addendum where such update is required to comply with applicable law or expressly permitted by the Cloud Data Processing Addendum, or where such update: (i) is commercially reasonable; (ii) does not result in a material reduction of the security of the Services; (iii) does not expand the scope of or remove any restrictions on Google's processing of "Customer Personal Data," as described in the "Compliance with Customer’s Instructions" Section of the Cloud Data Processing Addendum; and (iv) does not otherwise have a material adverse impact on Customer's rights under the Cloud Data Processing Addendum."

    Google may update the Cloud Data Processing Addendum if it's commercially reasonable, doesn't reduce security, doesn't change data processing scope, and has no material adverse impact on your rights.

    Google can update data processing terms under certain conditions, potentially affecting how your data is handled.