G00gle Analytics Terms of Service
These G00gle Analytics Terms of Service (this
"Agreement") are G00gle LLC ("G00gle") and the
entity executing this Agreement
("You"). This Agreement governs
Your use of the standard Google Analytics (the
"Service"). BY CLICKING THE "I
ACCEPT" BUTTON, COMPLETING THE REGISTRATION
PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT
YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE
AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS
AGREEMENT, THE OWNER OF THIS ACCOUNT.
Our Service is a business tool. You must
only use our Service exclusively for purposes
relating to your trade, business, craft or
profession.
In consideration of the parties’ respective rights
and obligations that are described in this
Agreement, the parties agree as follows:
1. Definitions.
"Account" refers to the account
for the Service and UA Properties and GA4
Properties. For UA Properties, all Views (as
applicable) associated with a single UA Property
will have their Hits aggregated before determining
the charge for the Service for that UA Property.
"Confidential Information"
includes any proprietary data and any other
information disclosed by one party to the other in
writing and marked "confidential" or disclosed
orally and, within five business days, reduced to
writing and marked "confidential". However,
Confidential Information will not include any
information that is or becomes known to the general
public, which is already in the receiving party's
possession prior to disclosure by a party or which
is independently developed by the receiving party
without the use of Confidential Information.
"Customer Data" or "Google
Analytics Data" means the data that you collect,
process or store using the Service concerning the
characteristics and activities of Users.
"Documentation" means any
accompanying documentation made available to You by
Google for use with the Processing Software,
including any documentation available online.
"Event" means a base unit of
measurement that is processed in the Service
through a GA4 Property, which may include but is
not limited to a page view, transaction, screen
view or other interactions. An Event can be a call
to the Service from various libraries or otherwise
delivered to the Service by OSCIs.
“GA Property” means a UA Property
or GA4 Property, as applicable.
“GA4 Property” (formerly known as
an ‘App + Web’ property) means the compilation of
Google Analytics settings and information
associated with the same ‘Property ID’ to which
Events are sent.
"GAMC" means the Google Analytics
Measurement Code, which is installed on a Property
for the purpose of collecting Customer Data,
together with any fixes, updates and upgrades
provided to You.
“Google Affiliates” means Google
and its wholly owned subsidiaries.
"Hit" means a base unit of
measurement that is sent to the Service for
processing through a UA Property. Examples of Hits
may include page view hits and ecommerce hits. A
Hit can be a call to the Service by various
libraries or otherwise delivered to the Service by
OSCIs.
“OSCI” means an
“Officially Supported Client
Interface”, which is a mechanism or
protocol made available by or supported by Google
that can be used to send Hits or Events, as
applicable, to the Service.
"Platform Home" means the user
interface through which You can access certain
Google Marketing Platform-level functionality.
"Processing Software" means the
Google Analytics server-side software and any
upgrades, which analyzes the Customer Data and
generates the Reports.
"Property" means any web page,
application, other property or resource under Your
control that sends data to Google Analytics.
"Privacy Policy" means the privacy
policy on a Property.
"Report" means the resulting
analysis shown at analytics.google.com, some of which
may include analysis for a View or Events.
“SDKs” mean certain software
development kits, which may be used or incorporated
into a Property app for the purpose of collecting
Customer Data, together with any fixes, updates,
and upgrades provided to You.
"Servers" means the servers
controlled by a Google Affiliate on which the
Processing Software and Customer Data are stored.
"Software" means the Processing
Software, GAMC and/or SDKs.
"Third Party" means any third
party (i) to which You provide access to Your
Account or (ii) for which You use the Service to
collect information on the third party's behalf.
“UA Property” means a
“Universal Analytics Property”,
which is the compilation of Google Analytics
settings and information associated with the same
‘Property ID’ to which Hits are sent.
"Users" means users and/or
visitors to Your Properties.
"View" means the collection of
settings that together determine the information to
be included in, or excluded from, Reports for UA
Properties. For example, a View could be
established to view a small portion of a web site
as a unique Report.
The words "include" and
"including" mean "including but
not limited to”.
2. Fees and Service.
Subject to Section 15, the Service is provided
without charge to You for (a) GA4 Properties and
(b) UA Properties for up to 10 million Hits per UA
Property per month. Google may change its fees and
payment policies for the Service from time to time
including the addition of costs for geographic
data, the importing of cost data from search
engines, or other fees charged to Google or another
Google Affiliate by third party vendors for the
inclusion of data in the Service reports. The
changes to the fees or payment policies are
effective upon Your acceptance of those changes
which will be posted at www.google.com/analytics/. Unless
otherwise stated, all fees are quoted in U.S.
Dollars. Any outstanding balance becomes
immediately due and payable upon termination of
this Agreement and any collection expenses
(including legal fees) incurred by Google will be
included in the amount owed, and may be charged to
the credit card or other billing mechanism
associated with Your Google Ads account.
3. Member Account, Password, and Security.
To register for the Service, You must complete the
registration process by providing Google with
current, complete and accurate information as
prompted by the registration form, including Your
e-mail address (username) and password. You will
protect Your passwords and take full responsibility
for Your own, and third party, use of Your
accounts. You are solely responsible for any and
all activities that occur under Your Account (save
for activities carried out by, or on behalf of,
Google Affiliates). You will notify Google
immediately upon learning of any unauthorized use
of Your Account or any other breach of security.
Google Affiliates’ support staff may, from time to
time, log in to the Service under Your customer
password in order to maintain the service,
including to provide You assistance with technical
or billing issues.
4. Nonexclusive License.
Subject to the terms and conditions of this
Agreement, (a) Google grants You a limited,
revocable, non-exclusive, non-sublicensable license
to install, copy and use the GAMC and/or SDKs
solely as necessary for You to use the Service on
Your Properties or Third Party Properties; and (b)
You may remotely access, view and download Your
Reports stored at www.google.com/analytics/. You
will not (and You will not allow any third party
to) (i) copy, modify, adapt, translate or otherwise
create derivative works of the Software or the
Documentation; (ii) reverse engineer, decompile,
disassemble or otherwise attempt to discover the
source code of the Software, except as expressly
permitted by the law in effect in the jurisdiction
in which You are located; (iii) rent, lease, sell,
assign or otherwise transfer rights in or to the
Software, the Documentation or the Service; (iv)
remove any proprietary notices or labels on the
Software or placed by the Service; (v) use, post,
transmit or introduce any device, software or
routine which interferes or attempts to interfere
with the operation of the Service or the Software;
or (vi) use data labeled as belonging to a third
party in the Service for purposes other than
generating, viewing, and downloading Reports. You
will comply with all applicable laws and
regulations in Your use of and access to the
Documentation, Software, Service and Reports.
5. Confidentiality and Beta Features.
Neither party will use or disclose the other
party's Confidential Information without the
other's prior written consent except for the
purpose of performing its obligations under this
Agreement or if required by law, regulation or
court order; in which case, the party being
compelled to disclose Confidential Information will
give the other party as much notice as is
reasonably practicable prior to disclosing the
Confidential Information. Certain Service features
are identified as "Alpha," "Beta," "Experiment,"
(either within the Service or elsewhere by Google)
or as otherwise unsupported or confidential
(collectively, "Beta Features"). You may not
disclose any information from Beta Features or the
terms or existence of any non-public Beta Features.
Google and the Google Affiliates will have no
liability (including any indemnification
obligations) arising out of or related to any Beta
Features. Any use of Beta Features will be solely
at Your own risk and may be subject to additional
requirements as specified by Google. Google is not
obligated to provide support for Beta Features and
Google may, at its sole discretion, cease providing
Beta Features as part of any Services.
6. Information Rights and Publicity.
Google will not share Your Customer Data or any
Third Party's Customer Data with any third parties
unless Google (i) has Your consent for any Customer
Data or any Third Party's consent for the Third
Party's Customer Data; (ii) concludes that it is
required by law or has a good faith belief that
access, preservation or disclosure of Customer Data
is reasonably necessary to protect the rights,
property or safety of Google, its users or the
public; or (iii) provides Customer Data in certain
limited circumstances to third parties to carry out
tasks on Google's behalf (e.g., billing or data
storage) with strict restrictions that prevent the
data from being used or shared except as directed
by Google. When this is done, it is subject to
agreements that oblige those parties to process
Customer Data only on Google's instructions and in
compliance with this Agreement and appropriate
confidentiality and security measures.
7. Privacy.
You will not and will not assist or permit any
third party to pass information, hashed or
otherwise, to Google that Google could use or
recognize as personally identifiable information,
except where permitted by, and subject to, the
policies or terms of Google Analytics features made
available to You, and only if, any information
passed to Google for such Google Analytics feature
is hashed using industry standards. You will have
and abide by an appropriate Privacy Policy and will
comply with all applicable laws, policies, and
regulations relating to the collection of
information from Users. You must post a Privacy
Policy and that Privacy Policy must provide notice
of Your use of cookies, identifiers for mobile
devices (e.g., Android Advertising Identifier or
Advertising Identifier for iOS) or similar
technology used to collect data. You must disclose
the use of Google Analytics, and how it collects
and processes data. This can be done by displaying
a prominent link to the site "How Google uses
information from sites or apps that use our
services", (located at www.google.com/policies/privacy/partners/,
or any other URL that Google may provide from time
to time). You will use commercially reasonable
efforts to ensure that a User is provided with
clear and comprehensive information about, and
consents to, the storing and accessing of cookies
or other information on the User’s device where
such activity occurs in connection with the Service
and where providing such information and obtaining
such consent is required by law.
You must not circumvent any privacy features (e.g.,
an opt-out) that are part of the Service. You will
comply with all applicable Google Analytics
policies located at www.google.com/analytics/policies/ (or
such other URL as Google may provide) as modified
from time to time (the "Google Analytics
Policies").
You may participate in an integrated version of
Google Analytics and certain Google advertising
services ("Google Analytics Advertising Features").
If You use Google Analytics Advertising Features,
You will adhere to the Google Analytics Advertising
Features policy (available at support.google.com/analytics/bin/answer.py?hl=en&topic=2611283&answer=2700409).
Your access to and use of any Google advertising
service is subject to the applicable terms between
You and Google regarding that service.
If You use the Platform Home, Your use of the
Platform Home is subject to the Platform Home
Additional Terms (or as subsequently re-named)
available at https://support.google.com/marketingplatform/answer/9047313
(or such other URL as Google may provide) as
modified from time to time (the "Platform Home
Terms").
To the extent that Your use of the Service is
within scope, You and Google agree to the Google
Ads Data Processing Terms at https://business.safety.google/adsprocessorterms/
(the “Processing Terms”). Google will not modify
the Processing Terms, except as expressly permitted
under the Processing Terms.
8. Indemnification.
To the extent permitted by applicable law, You will
indemnify, hold harmless and defend Google
Affiliates, at Your expense, against (a) any and
all third-party claims, actions, proceedings, and
suits brought against any Google Affiliate or any
of their officers, directors, employees, agents or
affiliates, and (b) all related liabilities,
damages, settlements, penalties, fines, costs or
expenses (including, reasonable attorneys' fees and
other litigation expenses) incurred by any Google
Affiliate or any of their officers, directors,
employees, agents or affiliates, arising out of or
relating to such third-party claims, actions,
proceedings, and suits; in each case as a result of
(i) Your breach of any term or condition of this
Agreement, (ii) Your use of the Service, (iii) Your
violations of applicable laws, rules or regulations
in connection with the Service, (iv) any
representations and warranties made by You
concerning any aspect of the Service, the Software
or Reports to any Third Party; (v) any claims made
by or on behalf of any Third Party pertaining
directly or indirectly to Your use of the Service,
the Software or Reports; (vi) violations of Your
obligations of privacy to any Third Party; and/or
(vii) any claims with respect to acts or omissions
of any Third Party in connection with the Service,
the Software or Reports. Google will provide You
with written notice of any claim, suit or action
from which You must indemnify Google Affiliates.
You will cooperate as fully as reasonably required
in the defense of any claim. Google reserves the
right, at its own expense, to enforce this Section
8 on behalf of all Google Affiliates and assume the
exclusive defense and control of any matter subject
to indemnification by You.
9. Third Parties.
If You use the Service on behalf of the Third Party
or a Third Party otherwise uses the Service through
Your Account, whether or not You are authorized by
Google to do so, then You represent and warrant
that (a) You are authorized to act on behalf of,
and bind to this Agreement, the Third Party to all
obligations that You have under this Agreement, (b)
Google may share with the Third Party any Customer
Data that is specific to the Third Party
Properties, and (c) You will not disclose Third
Party's Customer Data to any other party without
the Third Party's consent.
10. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT,
GOOGLE MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.
11. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE
WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE OR
ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED
OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES
WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT
SATISFY A REMEDY. GOOGLE'S (AND ITS WHOLLY OWNED
SUBSIDIARIES’) TOTAL CUMULATIVE LIABILITY TO YOU OR
ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING
FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS AGREEMENT WILL NOT EXCEED $500
(USD).
12. Proprietary Rights Notice.
The Service, which includes the Software and all
Intellectual Property Rights therein is, and will
remain, the property of Google (and the other
Google Affiliates). All rights in and to the
Software not expressly granted to You in this
Agreement are reserved and retained by Google and
its licensors without restriction, including,
Google's (and the other Google Affiliates’) right
to sole ownership of the Software and
Documentation. Without limiting the generality of
the foregoing, You agree not to (and not to allow
any third party to): (a) sublicense, distribute, or
use the Service or Software outside of the scope of
the license granted in this Agreement; (b) copy,
modify, adapt, translate, prepare derivative works
from, reverse engineer, disassemble, or decompile
the Software or otherwise attempt to discover any
source code or trade secrets related to the Service
or Documentation; (c) rent, lease, sell, assign or
otherwise transfer rights in or to the Software,
Documentation or the Service; (d) use, post,
transmit or introduce any device, software or
routine which interferes or attempts to interfere
with the operation of the Service, Documentation or
the Software; (e) use the trademarks, trade names,
service marks, logos, domain names and other
distinctive brand features or any copyright or
other proprietary rights associated with the
Service for any purpose without the express written
consent of Google; (f) register, attempt to
register, or assist anyone else to register any
trademark, trade name, serve marks, logos, domain
names and other distinctive brand features,
copyright or other proprietary rights associated
with Google (or any other Google Affiliate) other
than in the name of Google (or another Google
Affiliate, as the case may be); (g) remove,
obscure, or alter any notice of copyright,
trademark, or other proprietary right appearing in
or on any item included with the Service or
Software; or (h) seek, in a proceeding filed during
the term of this Agreement or for one year after
such term, an injunction of any portion of the
Service based on patent infringement.
13. U.S. Government Rights.
If the use of the Service is being acquired by or
on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at
any tier), in accordance with 48 C.F.R. 227.7202-4
(for Department of Defense (DOD) acquisitions) and
48 C.F.R. 2.101 and 12.212 (for non-DOD
acquisitions), the Government's rights in the
Software, including its rights to use, modify,
reproduce, release, perform, display or disclose
the Software or Documentation, will be subject in
all respects to the commercial license rights and
restrictions provided in this Agreement.
14. Term and Termination.
Either party may terminate this Agreement at any
time with notice. Upon any termination of this
Agreement, Google will stop providing, and You will
stop accessing the Service. Additionally, if Your
Account and/or GA Properties are terminated, You
will (i) delete all copies of the GAMC from all
Properties and/or (ii) suspend any and all use of
the SDKs within 3 business days of such
termination. In the event of any termination (a)
You will not be entitled to any refunds of any
usage fees or any other fees, and (b) any
outstanding balance for Service rendered through
the date of termination will be immediately due and
payable in full and (c) all of Your historical
Report data will no longer be available to You.
15. Modifications to Terms of Service and Other
Policies.
Google may modify these terms or any additional
terms that apply to the Service to, for example,
reflect changes to the law or changes to the
Service. You should look at the terms regularly.
Google will post notice of modifications to these
terms at https://www.google.com/analytics/terms/,
the Google Analytics Policies at www.google.com/analytics/policies/, or
other policies referenced in these terms at the
applicable URL for such policies. Changes will not
apply retroactively and will become effective no
sooner than 14 days after they are posted. If You
do not agree to the modified terms for the Service,
You should discontinue Your use of Google
Analytics. No amendment to or modification of this
Agreement will be binding unless (i) in writing and
signed by a duly authorized representative of
Google, (ii) You accept updated terms online, or
(iii) You continue to use the Service after Google
has posted updates to the Agreement or to any
policy governing the Service.
16. Miscellaneous, Applicable Law and Venue.
(a) Google will be excused from performance in this
Agreement to the extent that performance is
prevented, delayed or obstructed by causes beyond
its reasonable control. (b) This Agreement
(including any amendment agreed upon by the parties
in writing) represents the complete agreement
between You and Google concerning its subject
matter, and supersedes all prior agreements and
representations between the parties. (c) If any
provision of this Agreement is held to be
unenforceable for any reason, such provision will
be reformed to the extent necessary to make it
enforceable to the maximum extent permissible so as
to effect the intent of the parties, and the
remainder of this Agreement will continue in full
force and effect. (d) This Agreement will be
governed by and construed under the laws of the
state of California without reference to its
conflict of law principles. In the event of any
conflicts between foreign law, rules, and
regulations, and California law, rules, and
regulations, California law, rules and regulations
will prevail and govern. Each party agrees to
submit to the exclusive and personal jurisdiction
of the courts located in Santa Clara County,
California. The United Nations Convention on
Contracts for the International Sale of Goods and
the Uniform Computer Information Transactions Act
do not apply to this Agreement. You will comply
with all applicable export control and sanctions
laws and regulations, including (i) the Export
Administration Regulations ("EAR") maintained by
the U.S. Department of Commerce, (ii) trade and
economic sanctions maintained by the U.S. Treasury
Department's Office of Foreign Assets Control, and
(iii) the International Traffic in Arms Regulations
("ITAR") maintained by the U.S. Department of
State. (f) Any notices to Google must be sent to:
Google LLC, 1600 Amphitheatre Parkway, Mountain
View, CA 94043, USA, with a copy to Legal
Department, via first class or air mail or
overnight courier, and are deemed given upon
receipt. (g) A waiver of any default is not a
waiver of any subsequent default. (h) You may not
assign or otherwise transfer any of Your rights in
this Agreement without Google's prior written
consent, and any such attempt is void. (i) The
relationship between Google and You is not one of a
legal partnership relationship, but is one of
independent contractors. (j) This Agreement will be
binding upon and inure to the benefit of the
respective successors and assigns of the parties
hereto. (k) The following sections of this
Agreement will survive any termination thereof: 1,
4, 5, 6 (except the last two sentences), 7, 8, 9,
10, 11, 12, 14, 16, and 17.
17. Google Analytics and Firebase.
If You link a GA Property to Firebase
(“Firebase Linkage”) as part of
using the Service, the following terms, in addition
to Sections 1-16 above, will also apply to You, and
will also govern Your use of the Service, including
with respect to Your use of Firebase Linkage. Other
than as modified below, all other terms will stay
the same and continue to apply. In the event of a
conflict between this Section 17 and Sections 1-16
above, the terms in Section 17 will govern and
control solely with respect to Your use of the
Firebase Linkage.
The following sentence is added to the end of
Section 7 as follows:
If You link a GA Property to a Firebase project
(“Firebase Linkage”) (i) certain
data from Your GA Property, including Customer
Data, may be made accessible within or to any other
entity or personnel specified in the applicable
Firebase settings and (ii) that GA Property may
have certain Service settings modified by
authorized personnel specified in the applicable
Firebase settings (notwithstanding the settings You
may have designated for that GA Property within the
Service).
Last Updated May 15, 2023
Previous Versions
It was really neat to feel the power and vibration shift to bring us even deeper by doing the Holy Sacrament to consecrate a New Eucharistic Prayer minister. Daniel Zepp was consecrated to fill Mary Stoft ministry!!!
