Google Analytics Terms of Service

These Google Analytics Terms of Service (this "Agreement") are entered into by Google Ireland Limited ("Google") 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 AUTHORISED 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, Google LLC and Google LLC’s 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 analyses 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 unauthorised 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 Licence.

Subject to the terms and conditions of this Agreement, (a) Google grants You a limited, revocable, non-exclusive, non-sub-licensable licence 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 labelled 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. Subject to Section 11(a), 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 recognise 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_GB&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://privacy.google.com/businesses/processorterms (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) all damages and costs finally awarded against Google Affiliates in relation to 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 lawyers' 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 Sections 4 (Nonexclusive Licence) and/or 12 (Proprietary Rights Notice); (ii) Your violations of applicable laws, rules or regulations in connection with the Service; (iii) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party; (iv) 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; (v) violations of Your obligations of privacy to any Third Party; and/or (vi) 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 defence 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 defence 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 authorised by Google to do so, then You represent and warrant that (a) You are authorised 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's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.

10. DISCLAIMERS.

Each party warrants that it will use reasonable care and skill in complying with its obligations under the Agreement. No conditions, warranties or other terms apply to any part of the Services unless expressly set out in this Agreement. To the fullest extent permitted by law, all implied conditions, warranties and other terms are excluded (including any implied terms as to satisfactory quality, fitness for purpose and conformance with description).

11. LIMITATION OF LIABILITY.

(a) Nothing in this Agreement will exclude or limit either party’s liability: (i) for death or personal injury resulting from the negligence of either party or their servants, agents or employees; (ii) for fraud or fraudulent misrepresentation; (iii) under Section 8 (Indemnification); or (iv) for anything which cannot be excluded or limited by law. (b) Neither party will be liable under or in connection with this Agreement (whether in contract, tort, including, without limitation, negligence or otherwise) for any: (i) loss of profit; (ii) loss of anticipated savings; (iii) loss of business opportunity; or (iv) indirect or consequential losses; suffered or incurred by the other party (whether or not such losses were within the contemplation of the parties at the date this Agreement came into effect). (c) Subject to sub-Sections 11(a) and (b) above, each party's aggregate liability to the other arising under or in connection with this Agreement will not exceed $500.

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) sub-licence, distribute or use the Service or Software outside of the scope of the licence 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 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. US 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 licence 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 authorised 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. In entering into this Agreement neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. (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 English law. Each party agrees to submit to the exclusive jurisdiction of the English courts in relation to any dispute (whether contractual or non-contractual) arising out of or in connection with this Agreement. 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. (e) 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 Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland, 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, 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

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