These Terms of Service (“Terms”) set forth a legally binding agreement between Google (referred to as, “we”, “us”, or “our”) and the entity or person agreeing to these terms (“You”) and govern access to and use of Checks and the content, products, platforms, services, and features we make available to You as part of Your use of Checks (collectively, the “Checks Service”). “Google” means Google LLC, a Delaware limited liability company with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States; Google Ireland Limited, a company incorporated in Ireland with principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited, a company incorporated in Ireland with principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; or Google Asia Pacific Pte. Limited, a company incorporated in Singapore with principal place of business at 70 Pasir Panjang Road, #03-71, Mapletree Business City, Singapore 117371. Google may update the Google entities and their addresses from time to time.
Please read these Terms carefully and make sure You understand them before using the Checks Service. By using the Checks Service, You acknowledge and accept these Terms. If You do not understand these Terms or do not agree to any part of them, please do not use the Checks Service.
Changes to the Checks Service
Google may, at its sole discretion, change, discontinue, or limit access to all or part of the Checks Service, including analysis and reports, for any reason at any time without liability to You. If Google discontinues all or part of the Checks Service, where possible, Google will give You at least 60 days prior notice via in-product messaging, email, and/or other means Google may designate from time to time.
Changes to these Terms
Google may also make changes to these Terms at any time with notice to You and the opportunity to decline further use of the Checks Service. You should lookout for these notices and review any changes to these Terms carefully.
Changes will not be retroactive; they will become effective (a) immediately, for those who become customers after notification of the changes are posted or (b) on the date specified in the notice, but no sooner than 30 days after the changes are posted (except changes required by law, which will be effective immediately), for existing customers.
If You do not agree with the changes to the Terms, You may terminate Your use of the Checks Service, which will be Your sole and exclusive remedy. You agree that Your continued use of the Checks Service constitutes Your agreement to the changes to the Terms.
Acceptance of these Terms
To accept the Terms and use the Checks Service, You must be at least 18 years of age and of legal age in Your country to form a binding contract with Google.
If You are agreeing to be bound by these Terms on behalf of Your employer or other entity, You represent and warrant that You have full legal authority to bind Your employer or such entity to these Terms. If You do not have the requisite authority, You may not accept these Terms or use the Checks Service on behalf of Your employer or other entity.
Content on the Checks Service
The content on the Checks Service includes text, graphics, photographs, brand features (including trade names, trademarks, service marks, logos, domain names, and other distinctive brand features), interactive features, software/computer code (including the mobile or web application that You are authorized to use in connection with the Checks Service (Your “App”)), and other materials whether provided by You, Google, or a third-party (collectively, “Content”). Content is the responsibility of the person or entity that provides it to the Checks Service.
Your Content
You are legally responsible for the Content You submit to the Checks Service. If You choose to provide Content, You agree to submit Content in a manner that complies with any instructions or specifications provided by Google. You may not submit to the Checks Service any Content that does not comply with these Terms or applicable law. For example, the Content You submit must not include third-party intellectual property (such as copyrighted material) unless You have permission from that party or are otherwise legally entitled to do so.
Rights and Authorizations You Grant
You retain ownership rights in Your Content. However, by using the Checks Service, You grant certain rights and authorizations to Google with respect to your Content, including the App package name, App id, App package file, App URL, App store listing data, and App metadata (collectively, Your “App Data”), as described below. Where Google uses third-party subcontractors to provide the Checks Service, these rights, authorizations and limitations extend to these entities as well.
You authorize Google on a non-exclusive, worldwide, and royalty-free basis to access, process, reproduce, modify, display, analyze, make derivative works of and use Your App Data solely in connection with (a) the operation of and provision of the Checks Service to You and (b) determining compliance with the Terms.
If the Content You submit contains URLs or similar content, You grant Google the right to access, index, cache or crawl the URL(s) and the content available through such URL(s), or any portion thereof. For example, Google may utilize an automated software program to retrieve and analyze the websites associated with such URL(s).
You further authorize Google to request data associated with Your App(s) from the applicable app stores.
Except for the license rights granted by You in these Terms, Google agrees that it obtains no right, title, or interest from You (or Your licensors) under these Terms in or to Your App, Your App Data, or Your Brand Features, including any rights therein and thereto under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, “Intellectual Property Rights”).
Google’s Intellectual Property
Google owns, and reserves all right, title, and interest in and to the Checks Service (including all software, documentation, and associated materials), including all rights therein and thereto under Intellectual Property Rights.
Third-Party Links
Links from the Checks Service to third-party websites are provided for Your convenience only. We have no obligation to monitor, control, or restrict the use of the Checks Service or third-party websites or services accessible via links available as part of the Checks Service. These other websites or services are not under our control, and You acknowledge that (whether or not such websites or services are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by us or any association with its operators. If You decide to access any of the third-party websites or services linked to on the Checks Service, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites and services.
Accuracy of Content
Although we endeavor to maintain the integrity and accuracy of the Content on the Checks Service, we make no guarantees as to its correctness, completeness, or accuracy. The Checks Service may contain typographical errors, inaccuracies, or other errors or omissions. Any reliance You place on the Content on the Checks Service is at Your own risk. We disclaim any duty or obligation to update any such Content and all liability and responsibility arising from any reliance placed on such materials by You or by anyone who may be informed of the contents of any such materials.
Your Use of the Checks Service
Checks Accounts
You are responsible for maintaining the security and confidentiality of any credentials that Google may issue to You or that You may choose Yourself for any account issued to You and Your Users by Google to use the Checks Service (a “Checks Account”), and You are solely responsible for all activity on Your Checks Account by You or additional users of Your Checks Account who You authorize to use the Checks Service. Google may limit the number of Checks Accounts issued to Your company or organization.
Permissions and Restrictions
You agree to use the Checks Service only for purposes that are permitted by these Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding export control, sanctions, and human trafficking laws). The following restrictions apply to Your use of the Checks Service. You are not allowed to use the Checks Service:
beyond the intended Checks product functionality outlined in these Terms;
to engage in, promote or encourage illegal activity or abusive behavior;
to disable, interfere with, reverse engineer, or circumvent any aspect of Checks; or
to access any other Google product or service in a manner that violates the terms of service of such other Google product or service.
Account Suspension & Termination
Google reserves the right to suspend or terminate Your access to the Checks Service or Your Checks Account immediately if You violate these Terms. Additionally, to the extent permitted by law, Google may terminate Your access for any reason with 30 days prior written notice.
Privacy and Information
Google will process reports and information generated by the Checks Service as a result of the analysis performed on Your App(s) (collectively, “Checks Analysis”) and Your App Data solely in accordance with Your instructions and solely for the purpose of providing the Checks Service to You. You agree that Your instructions are documented in these Terms.
Unless prohibited by applicable law, Google will endeavor to notify You if it is legally required to disclose Your Checks Analysis in connection with any legal or regulatory proceeding.
Google’s Privacy Policy explains how we treat personal information that Google collects from You or generates during the provision or administration of the Checks Service to You (collectively, “Usage Information”).
Google does not access, collect, or otherwise process Your App(s) users’ data through the Checks Service. Further, Google will not: (1) use data collected by or on behalf of Google when You use the Checks Service, including Your App Data, Checks Analysis, or Usage Information (collectively “Checks Data”) to advertise or market to You (except for advertising or marketing related to the Checks Service); (2) sell Your Checks Data to third parties; or (3) transfer, share, or otherwise provide access to Your Checks Data to Google Play.
We may use aggregated or de-identified information that cannot reasonably be used to identify You to develop, improve, or update the Checks Service.
Subscriptions and Payments
Billing
Your subscription to the Checks Service is paid on a recurring basis. Your subscription and the relevant billing authorization will continue indefinitely until canceled by You. By subscribing, You authorize Google to invoice You or bill Your chosen payment instrument (e.g., Your credit card), either directly or through a payment processor, for the applicable rate for Your subscription, each billing period until You cancel Your subscription.
Changes to Your Subscription Tier
You may upgrade to a higher subscription tier at any time, subject to payment of any applicable increased subscription fee. If You upgrade subscription tiers, the upgrade will take effect immediately and You will be charged any applicable increased subscription fee on a prorated basis immediately. If You downgrade from a higher subscription tier to a lower subscription tier, You will lose access to all functions and features available at the higher subscription tier immediately, Your subscription fee will be reduced on a prorated basis, and Google will apply a credit to reflect the reduced subscription fee.
Payment Account
In order for You to pay for Your subscription to the Checks Service, Google may require that You have a valid financial account issued to You by a payment processor that authorizes them to remit payments on Your behalf for the use of the Checks Service (“Payment Account”), and maintain that Payment Account in good standing. If You have questions about Your Payment Account, You must contact the payment processor that issued your Payment Account.
We are not responsible for the payment processor’s decisions about whether to create or maintain a Payment Account for You. You are solely responsible for maintaining Your Payment Account, including the accuracy and completeness of all information related to such Payment Account, whether provided to the payment processor or to Us. You must maintain the security of Your Payment Account and promptly notify Us if You discover or suspect that someone has accessed Your Payment Account without Your permission.
You are solely responsible for all activities that occur under or through Your Payment Account, including all amounts payable associated with purchases made in connection with the Checks Service, whether such actions were taken by You or not. If any activity conducted through Your Payment Account results in liability to Us for fees, chargebacks, refunds, reversals, or fines that We must pay to the Payment Processor or any third party, You agree to promptly reimburse Us for any such charges.
Where Google requires that you have a Payment Account, You authorize Us to take certain actions through Your Payment Account as permitted under these Terms and the additional terms You agree to with the payment processor, including communicating information about transactions conducted through the Payment Account such as charges, refunds, adjustments, and the handling of disputes.
You also permit Us to share Your Payment Account data with the payment processor, and to use data collected or derived from activity conducted through Your Payment Account for purposes of (a) testing and auditing account activity for any fraudulent, unlawful, deceptive, abusive, or otherwise harmful activity and (b) providing You with the Checks Service. You authorize Us to use Your payment processor data as described in these Terms.
We currently use Stripe, Inc. (“Stripe”) as our payment processor. Unless Google requires You to receive payment through another payment processor, You consent to the additional applicable Stripe terms, which You can find at https://stripe.com/legal, including the terms applicable to the creation of Your Stripe account, which You can find at https://stripe.com/connect-account/legal.
Other Payment Processing Methods
Google may make available to You various payment processing methods to facilitate the purchase of a subscription to the Checks Service and may add or remove payment processing methods at its sole discretion. You must abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs Your use of a given payment processing method. For the avoidance of doubt, any such terms and conditions or other legal agreements are between You and the applicable payment processor, not Google.
Changes to Pricing
Subscription pricing is subject to change at any time at Google’s sole discretion. Pricing changes will take effect (a) 30 days after notice of the pricing change for existing subscribers in the same subscription tier or (b) immediately for new subscribers or upon changing subscription tiers.
Additional Fees
You are responsible for any fees charged by any other third-party in connection with Your use of the Checks Service.
Taxes
“Taxes” mean any Federal, state, or local sales, use, value-added, goods and services, or other similar transaction taxes arising from Your use of the Checks Service, including any related penalties or interest. This term excludes telecommunication taxes and similar tax types, property taxes, and taxes based on Your income, including, withholding taxes, income, franchise, business and occupation, and other similar tax types.
You agree to comply with any and all applicable tax laws in connection with Your use of the Checks Service. The reporting and payment of any applicable Taxes arising from Your use of the Checks Service are Your responsibility. You are responsible for any Taxes and must pay any applicable subscription fees for the Checks Service without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be charged to You. You further acknowledge that Google may receive tax notices from its payment processor(s).
Cancellation and Refunds
You are free to cancel Your subscription at any time through Stripe, the Checks Service or by providing us with notice via email (to checks-support@google.com) before the next subscription fee is due. Your access to the Checks Service will continue until the end of the then-current billing period. You will not receive any refunds if You cancel Your subscription.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE CHECKS SERVICE IS AT YOUR SOLE RISK AND THAT THE CHECKS SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
THE INFORMATION OBTAINED THROUGH THE CHECKS SERVICE DOES NOT, AND IS NOT INTENDED TO, CONSTITUTE LEGAL ADVICE OR AS A SUBSTITUTE FOR RETAINING COMPETENT LEGAL COUNSEL. GOOGLE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CHECKS SERVICE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CHECKS SERVICE OR THAT THE CHECKS SERVICE WILL MEET YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR ANY OTHER PERSON OR ENTITY RESULTING FROM THE USE OF THE CHECKS SERVICE OR THE CHECKS ANALYSIS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE CHECKS SERVICE REMAINS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT GOOGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT GOOGLE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
THE TOTAL LIABILITY OF GOOGLE FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF $200 OR THE AMOUNT ACTUALLY PAID TO GOOGLE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING WHEN THE CLAIM FIRST ARISES. IN ALL CASES, GOOGLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Indemnification
To the maximum extent permitted by law, You agree to defend, indemnify, and hold harmless Google, its affiliates, and their respective directors, officers, employees and agents, and users from and against any and all third-party claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or accruing from (a) Your use of the Checks Service in violation of these Terms; (b) infringement or violation by Your App(s) or Your Brand Features of any Intellectual Property Right or any other right of any person; (c) You or Your App(s)’ or App Data’s violation of any law; or (d) activities conducted through Your Payment Account, whether undertaken by You or not.
General Legal Terms
Entire Agreement
These Terms constitute the entire legal agreement between You and Google governing Your use of the Checks Service and completely replace any prior agreements between You and Google in relation to the Checks Service. If You are a Google Play developer, these Terms are separate and apart from other agreements You may have with Google, including the Google Play Developer Distribution Agreement.
The English language version of these Terms will control and translations, if any, are non-binding and for reference purposes only.
Termination
After termination of these Terms as they apply to You, all rights and licenses granted to You will immediately terminate.
Continuation of these Terms
Sections 1 (Applicable Terms), 2 (Content on the Checks Service), 4 (Privacy and Information), 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9 (General Legal Terms), and 10 (Contacting Us) will survive any expiration or termination of the Terms.
Severance
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 these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
No Waiver
You agree that if Google does not exercise or enforce any legal right or remedy contained in these 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.
Subcontracting
Google may subcontract obligations under these Terms but will remain liable to You for any subcontracted obligations.
Third-Party Beneficiaries
You acknowledge and agree that each member of the group of companies comprising Google will be a third-party beneficiary to these Terms and that such other companies will be entitled to directly enforce, and rely upon, any provision of these Terms that confers a benefit on (or rights in favor of) them. Other than this, no other person or company will be a third-party beneficiary to these Terms.
Assignment
Except in the case of a change of control (for example, through a stock purchase or sale, merger, or other forms of corporate transaction), the rights granted in these Terms may not be assigned or transferred by You without the prior written approval of Google. Any other attempt to assign is void.
Change of Control
If You experience a change of control, Google may, at its discretion, elect to immediately terminate these Terms.
Governing Law
All claims arising out of or relating to these Terms or Your relationship with Google under these Terms will be governed by the laws of the State of California, excluding California’s conflict of laws provisions. You and Google further agree to submit to the exclusive jurisdiction of the federal or state courts located within the county of Santa Clara, California to resolve any legal matter arising from or relating to these Terms or Your relationship with Google under these Terms, except that You agree that Google will be allowed to apply for injunctive relief in any jurisdiction. To the extent required under applicable law, You may have other ways to resolve disputes with Google.
Force Majeure Events
Neither party will be liable for failure or delay in performance to the extent caused by war, outbreak of national hostilities, invasion or sabotage, Government sovereign acts, fire, earthquake, flood, epidemic, pandemic, acts of God, or other similar events that are outside of a party’s reasonable control (a “Force Majeure Event”). The party affected by a Force Majeure Event will notify the other party as soon as reasonably possible and make efforts to resume performance and/or mitigate any delay in performance of its obligations to the extent reasonably possible.
Contacting Us
If You have any questions about these Terms or the Checks Service, please contact us at checks-support@google.com.
You may also submit questions, comments, suggestions, or ideas to Google about the Checks Service (collectively, “Feedback”). Feedback will become the sole property of Google and, with the exception of Feedback about Your use of the Checks Service, is non-confidential. Google will own exclusive rights, including all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You.