Published: August 30, 2021
1. Introduction
Applications that access, offer, promote and/or bundle with Google’s products or services should have clear disclosure, meaningful choice and the best experience possible. Users should not be subjected to illegal, misleading, deceptive, harmful or hard-to-uninstall software. Google’s Software Principles, Google’s Unwanted Software Policies and these Client Application Guidelines (“Guidelines”) govern any applications that: (i) offer, promote, incorporate access to and/or bundle with a Google Product for distribution, including any Company web application or website on which a Google Product is offered or promoted (each a “Distributor Application”); or (ii) access any of Google’s syndicated search or advertising services, including any access by re-setting a user’s default search engine to Google’s syndicated search service within any browser or alternate search-enabled utility, or re-setting a user’s default homepage or default new tab page in any application to a website that uses Google’s syndicated search or advertising services (each an "Approved Client Application").
2. Definitions
The following terms will have the meanings set forth below.
- “Agreement” means the applicable Distribution Agreement, Sponsorship Agreement, Google Services Agreement, or any other relevant agreement between Company and Google.
- An “application” means an application, plug-in, extension, helper, component, toolbar or other executable code.
- “Approved Application” means a Distributor Application or an Approved Client Application.
- "Approved Client Application" has the meaning set forth in Section 1.
- “Bundled Application” means an application, other than a Google Product, that is
- “Bundle” means all applications included in the Installation Flow (e.g., the Distributor Application, Google Product and the Bundled Application(s), or the Approved Client Application and the Bundled Application(s)).
- “Bundling Information” has the meaning set forth in Section 8(c).
- “Chrome Browser” means the machine-readable binary code version of the Google Chrome browser and any modifications or updates thereto.
- “Company” means Distributor or Company, as defined in the Agreement.
- A “default homepage” means the website displayed on the End User’s default browser start page or similar setting.
- A “default search engine” means the search engine accessed when the End User enters a query into a browser address bar (i.e. omnibox) or alternate mechanism through which queries are entered into the browser.
- A “default new tab page” means the website displayed on the End User’s browser when the End User opens a new browser tab.
- “Distributor Application” has the meaning set forth in Section 1.
- “Distributor Information” has the meaning set forth in Section 12.
- “End User Settings” mean the operating system or application or data settings on an End User’s device.
- “Google Product” means Chrome Browser or Google Search (for clarity, excluding Google’s syndicated search or advertising services).
- “Google Search” means the algorithmic search and search-based advertising service made generally available by Google through Google.com (or an applicable international equivalent), including the Autocomplete API.
- “Installation Flow” means the entire user flow before, during and after the download, installation or update of an Approved Application, or any other download, installation or update of a Google Product or Service offered or promoted through or as a result of an Approved Application. The Installation Flow starts from the first overt step that Company uses to navigate an End User to the download, installation or update (as reasonably determined by Google, for example any advertisements prompting or offering the download, installation or update).
- “Policies” means Google’s Software Principles, Google’s Unwanted Software Policies and these Guidelines, each of which may be amended from time to time.
- "Point of Interaction" has the meaning set forth in Section 6.3.
- “Syndication Services” means Google WebSearch and/or AdSense for Search services as defined in the Google Services Agreement, as applicable.
- “Third Party Property” means a property that is not owned and operated by Company.
- “User Choice” means two (2) prominent and conspicuous options, each representing “yes” or “accept” and “no” or “don’t accept”, and which allows the End User to demonstrate affirmative and unambiguous intention with a single action (e.g. tapping a button to accept, or selecting a checkbox).
- "Wind-Down Period" has the meaning set forth in Section 13(f).
Capitalized terms not defined in these Guidelines are defined in the Agreement. If these Guidelines conflict with the terms of the Agreement, the Agreement will control. In these Guidelines, the word “including” means “including but not limited to” (and the word “include” is to be construed accordingly).
3. Compliance
3.1 Access, Offer, Promotion and/or Bundling with the Google Product or Syndication Services
An Approved Application’s bundling with, access to, or offer or promotion of a Google Product or the Syndication Services must be performed in accordance with the Agreement, including the Policies. Company must ensure that the Approved Application (and any updated or subsequent versions of such application): (a) have been approved by Google for the purpose of accessing, offering, promoting and/or bundling with the Google Product or Syndication Services in writing in advance (save that no approval shall be required for the use of Approved Applications to display non-Google search ads), and (b) comply at all times with the Policies. For avoidance of doubt, the Policies apply to the entire Installation Flow.
3.2 Distribution Occurring on a Third Party Property
Distribution of an Approved Application is only permitted from (a) a property that is owned and operated by Company, or (b) a Third Party Property, if Google has agreed that Company may distribute the Approved Application via such Third Party Property, where: (i) Company will ensure that such Third Party Property complies with these Policies, and (ii) at Google’s request, Company will provide a list of such Third Party Properties, including a list of an Approved Application’s download URLs on each Third Party Property where applicable.
3.3 Enforcement
- At any time during the Term, Google may re-examine an Approved Application and its Installation Flow for compliance with the Policies, and Company agrees to fully cooperate with Google in any such re-examination.
- In addition to any other right of suspension or termination in the Agreement, if an Approved Application and/or its Installation Flow is not in compliance with the Policies, Google may, (i) with regard to any Distributor Application suspend the access, offering, promotion, bundling with and/or distribution of the Google Product or (ii) with regard to any Approved Client Application suspend access to the Syndication Services (in whole or in part) for the client ID(s) associated with the Approved Client Application, in each case until such noncompliance has been cured (as determined by Google in its sole discretion).
- If Google believes that an Approved Application, or distribution of an Approved Application including on a Third Party Property: (i) may result in regulatory inquiries, or complaints to Google from, or be otherwise detrimental to, Google’s advertisers, users, or products or services or (ii) may harm or devalue Google’s business, brand or name (as determined by Google in its sole discretion), Google may, with notice to Company: (A) with regard to any Distributor Application, suspend the offer, promotion, bundling with and/or distribution of the Google Product, (B) with regard to Approved Client Applications, suspend access to the Syndication Services (in whole or in part) for the client ID(s) associated with the Approved Client Application, or (C) with regard to distribution on a Third Party Property, restrict or direct Company to cease distributing the Approved Application from or on such Third Party Property.
4. End User Choice
- During the Installation Flow, End Users must be presented a separate User Choice for each installation option, user selection or user consent. Each User Choice (i) must be displayed as a separate line item or option, and (ii) must be selectable without having to take any other action (e.g. no hidden, non-functional or non-existent options).
- Company must not mislead or coerce the End User into selecting or accepting a particular User Choice. This includes mimicking or exploiting device security or privacy vulnerabilities, or adding text or elements that mislead, coerce or incentivise the End User towards a particular choice (e.g. interactive elements such as misleading call-to-action buttons, components or forms that imply an outcome other than the installation of an application, and other surreptitious designs or techniques).
For more information about this requirement, please refer to the FAQ.
5. Application Content Policies
An Approved Application must not contain, display, host, distribute or link to content (including any content displayed during the Installation Flow, advertisements provided by or promoting the Approved Application, or other advertisements or links to other sites or applications) prohibited in the Google Publisher Policies. Google may also withhold or revoke approval for an Approved Application that contains, displays, hosts or links to content restricted in the Google Publisher Restrictions. In addition, (i) Approved Client Applications or (ii) any sites or properties (including Results Pages) accessed through or as a result of such Approved Client Applications that contain, display, host or link to content restricted in the Google Publisher Restrictions may not receive advertising.
6. No Misleading, Deceptive or Harmful Practices
6.1. Promotion Practices
An Approved Application may not directly or indirectly engage in or benefit from promotion practices that are misleading, deceptive or harmful to End Users. This includes the following behavior:
- Promotion via misleading or deceptive advertisements, websites, applications or other properties, including simulated system, service, or applications notifications or alerts that misrepresent that it is necessary for security or privacy.
- Promotion via disruptive advertisements, including advertisements that are shown in a way that results in inadvertent clicks.
- Promotion or installation tactics that redirect users to application stores without informed user action.
- Unsolicited promotion via SMS services.
- Promotion or installation tactics via monetary incentives (such as offering monetary compensation or other incentives that can be converted into monetary compensation) for use outside the Approved Application.
It is Company's responsibility to ensure that no ad network or affiliate engages in such promotion practices. If Company uses Google Ads to advertise an Approved Application, then Company must additionally comply with the Google Ads policies. If these Guidelines conflict with the Google Ads policies, then the Google Ads policies will control.
6.2 Prominent and Accurate Disclosures
- An Approved Application, or a Google Product offered, promoted and/or bundled with an Approved Application may not be downloaded, installed or updated on an End User’s device without full, accurate, clear and conspicuous disclosure and End User consent (e.g. no “drive-by” downloads).
- The disclosure must: (i) make it clear to End Users that they are downloading, installing or updating an application, (ii) contain accurate and clear information on the principal functionalities and significant features of the Approved Application, Google Product or update, and (iii) fully, accurately, clearly and conspicuously disclose to the End Users the name of the Approved Application or Google Product being downloaded, installed, or updated and the entities responsible for it.
- Additionally, the disclosure must: (i) be as prominent as other information on the same screen or page (e.g. similar font size, color, shading), (ii) be legible, and designed so that it will be read by and adequately inform a typical End User, (iii) be independent, and not mixed or buried in unrelated text, and (iv) be located at a prominent position preceding the selection of each User Choice.
For more information about this requirement, please refer to the FAQ.
6.3 Transparency
Company, or any of its distribution or bundling partners may not mislead End Users or create End User confusion with regard to the source, owner, purpose, functionality or features of an Approved Application. Every Point of Interaction for an Approved Application must clearly, conspicuously, accurately and consistently identify Company as the source of that application and the associated functionality. A “Point of Interaction” is any point of contact or interaction with an End User that is related to an Approved Application, including, where applicable, (i) advertisements, web pages or application stores promoting the Approved Application or from which the Approved Application is made available for download, installation or update, and (ii) information regarding the Approved Application in the operating system menu or device settings of an End User’s device.
6.4 Prohibited Behavior
An Approved Application must not engage in illegal, misleading, deceptive, harmful, harassing, or otherwise annoying practices, or practices that tend to degrade the speed or overall quality of an End User’s experience (in each case, as determined by Google in its sole discretion). For example, an Approved Application may not do any of the following:
- Create a spammy user experience, including through unsolicited or repetitive activity, or engaging in obstructive or intrusive activities that materially interfere with an End User’s web navigation or browsing or the use of his or her device (e.g., triggering pop-ups, pop-unders, exit windows).
- Use, or permit a third party to use an End User’s device for any purpose, or make changes to an End User's device (including any content or applications on the device), other than the specific changes relating to the functionality of the Approved Application as disclosed to and consented by the End User.
- Mimic or interfere with system functionality (such as notifications, warnings, or user confirmation dialogs) to mislead users into thinking that the behavior is coming from the operating system or browser.
- Engage in any harmful behavior, including the creation, facilitation or exploitation of any security vulnerabilities in an End User’s device.
- For a period of six months after an End User declines to take (or reverses) an action with respect to that Approved Application (including during installation, use, update or uninstallation of an Approved Application), re-prompt the End User to take such action. For avoidance of doubt, the aforementioned does not include advertisements promoting the Approved Application, or advertisements promoting a Google Product or Service offered through or as a result of an Approved Application.
6.5 Personally Identifiable Information
If an Approved Application collects an End User’s personally identifiable information or transmits such information to any entity other than the End User, or collects or transmits information related to an End User’s device, or Internet usage or activity in a manner that could collect or transmit such End User’s personally identifiable information (such as through keystroke logging), prior to the first occurrence of any such collection or transmission, Company must (a) fully, accurately, clearly and conspicuously disclose: (i) the type of information collected (described with specificity in the case of personally identifiable information), (ii) the method of collection (e.g. by registration, etc.) and (iii) the location of (i.e. a link to) the privacy policy that governs the collection, use and disclosure of the information, and (b) obtain the End User’s consent to such collection and/or transmission.
6.6 No Google Branding or Attribution
Unless permitted by Google, an Approved Application, and any related collateral material including by an ad network or affiliate, may not contain any Google branding, trademarks or attribution.
6.7 Advertisements
Company must clearly label as an “advertisement” or “ad” all advertisements provided by an Approved Application, including any advertisements displayed during the Installation Flow (for the purpose of distinguishing these from organic content shown by the Approved Application). For the avoidance of doubt, advertisements displayed during the Installation Flow are part of the Approved Application, and must be compliant with the Google Publisher Policies and Google Publisher Restrictions. For clarity, this provision in no way restricts Company’s ability to adjust the position or display of Equivalent AFS Ads.
7. Changes to an End User’s Settings
7.1 Restriction
An Approved Application may not make changes to the End User Settings.
7.2 Changes to Default Browser
Notwithstanding Section 7.1 of these Guidelines, an Approved Application may make changes to the default browser settings on an End User’s device, provided that: (a) Company fully, accurately, clearly and conspicuously discloses the change and the practical effect of the change to the End User, (b) the change is presented to the End User as a separate User Choice, and (c) the End User consents to make the change. If, after installation, an End User reverses the changes made by the Approved Application to his or her default browser settings, such reversal will not impair that End User’s further use of the Approved Application.
7.3 Expected Changes to End User Settings
Notwithstanding Section 7.1 of these Guidelines, an Approved Application may make changes to End User Settings (other than Minor Changes to End User Settings described in Section 7.4 of these Guidelines), so long as (a) the End User could reasonably expect such changes to be made in connection with his or her use of the Approved Application (as determined by Google in its sole discretion), (b) Company fully, accurately, clearly and conspicuously discloses the changes and the practical effect of such changes to the End User, and (c) the End User consents to make such changes.
7.4 Minor Changes to End User Settings
Notwithstanding Section 7.1 of these Guidelines, an Approved Application may make minor changes to an End User’s device (e.g., an Approved Application may add an item to the start menu and/or add a small number of bookmarks - not more than five - to the browser menu), provided that (a) the End User could reasonably expect such changes to be made in connection with his or her use of the Approved Application (as determined by Google in its sole discretion) and (b) those minor changes do not constitute primary functionality of the Approved Application.
8. Bundled Application and Bundle
This Section 8 only applies to an Approved Application that is downloadable and/or installable onto an End User’s device, except an Approved Client Application that is a Chrome extension on the Chrome Web Store. For the avoidance of doubt, an Approved Client Application that is a Chrome extension on the Chrome Web Store must comply with the Chrome Web Store policies.
- An Approved Application may show Bundled Applications, provided that: (i) the Bundled Application(s) complies with the Policies, (ii) the Bundled Application(s) must be fully, accurately, clearly and conspicuously disclosed during the Installation Flow (including the name and principal and significant functions of the Bundled Application(s)),
- If the Bundled Application is developed by a third party, Company will require each third party to comply with these Policies, and Company will be responsible for the acts and omissions of each third party.
- Prior to distribution of an Approved Application together with any Bundled Application(s), Company must provide Google with the name(s) of the Bundled Application(s), the entity responsible for the Bundled Application(s), the URLs corresponding to each point of distribution of an Approved Application with the Bundled Application(s), and representative screenshots or videos showing offer, download and installation screens for each Bundled Application (collectively, the “Bundling Information”).
- Without prejudice to any other right of suspension or termination in the Agreement and Section 3.4 of these Guidelines, if Google (i) receives or is otherwise aware of complaints or regulatory inquiries related to a particular Bundled Application, (ii) determines that a particular Bundled Application (A) is illegal or encourages illegal activity, or is harmful, deceptive or annoying to users, (B) is non-compliant with the Policies, or (C) would harm or devalue Google’s business, brand or name (as determined by Google in its sole discretion), Google may restrict or direct Company to cease distributing the Approved Application from bundling with such Bundled Application.
9. End User License Agreement
This Section 9 only applies to an Approved Application that is downloadable and/or installable onto an End User’s device. Each Approved Application must be distributed pursuant to an end user license agreement (“EULA”) that complies with all applicable laws and regulations. Company and its Approved Application must comply with the EULA and Company’s privacy policy. The applicable EULA and Company’s privacy policy must be readily and easily accessible during the download and installation process, as well as from a link in each Approved Application.
10. Deactivation and Uninstallation
This Section 10 only applies to an Approved Application that is downloadable and/or installable onto an End User’s device. The uninstallation process for each Approved Application must be clear, simple and easy for a typical End User to understand. Each Approved Application must provide End Users with the option to completely uninstall such application from the customary place for the applicable operating system (e.g. Add/Remove Programs control panel in Windows), and must not engage in any deceptive or unnecessary behaviors to deter uninstallation. Once an Approved Application is uninstalled, no process, functionality or design elements related to that application should remain. Wherever technically possible, after uninstallation of such application, the browser and/or device user settings should return to the previous settings.
11. Privacy Policy
If an Approved Application collects or transmits any information related to the End User's use of his or her device that is not required to be disclosed and consented to pursuant to Section 6.5 of these Guidelines, then the collection and use of such other information must be clearly and conspicuously disclosed in the applicable Company privacy policy.
12. Information
As requested by Google from time to time, where applicable, Company will provide: (i) the Bundling Information, (ii) all other locations from which the Approved Application can be obtained by an End User (including specific URLs where an Approved Application is made available alone or bundled), (iii) representative screenshots and/or videos showing various steps of the End User journey in the Installation Flow, and (iv) the “golden masters” of the Approved Applications and any bundle or other distribution that includes Company’s Approved Applications (collectively, the “Distribution Information”). The Distribution Information is Confidential Information under the Agreement.
13. Additional Requirements for Approved Client Applications
- Access to the Syndication Services. Unless expressly authorized by Google, access to the Syndication Services is prohibited from any versions of Approved Client Applications that run on End Users’ mobile devices, including but not limited to mobile phones or tablets.
- Google Branding or Attribution. Unless otherwise approved by Google in writing, Results Pages may not contain any Google branding, trademarks or attribution.
- Changes to Browser Default Search Engine, Homepage and/or New Tab Page. Notwithstanding Section 7.1 of these Guidelines, an Approved Client Application may make changes to the default search engine, homepage and/or new tab page on an End User’s device, provided that: (a) Company fully, accurately, clearly and conspicuously discloses the changes and the practical effect of such changes to the End User, (b) each change is presented to the End User as a seperate User Choice, and (c) the End User consents to make such changes. If, after installation, an End User reverses the changes made by the Approved Client Application to his or her default search engine, homepage and/or new tab page settings, such reversal will not impair that End User’s further use of the Approved Client Application.
- Deactivation and Uninstallation. If an Approved Client Application made changes to the End User’s default search engine, homepage and/or new tab page settings, then, during the uninstallation of that Approved Client Application, Company must (a) fully, accurately, clearly and conspicuously disclose to the End User the current default search engine, homepage and/or new tab page settings for the browser(s) on which the Approved Client Application is installed, and (b) give the End User clear and simple instructions describing how to change such settings. Once an End User disables an Approved Client Application, such application must not be re-enabled without the End User’s consent.
- Client IDs. Unless otherwise approved by Google, Company must use a unique client ID or set of unique client IDs for Requests originating directly or indirectly from its Approved Client Applications (i.e. Requests originating from (a) the Approved Client Application, (b) the default search engine set by the Approved Client Application, (c) the default homepage set by the Approved Client Application and/or (d) the new tab page set by the Approved Client Application).
- Wind-Down Period. With at least 6-months’ written notice to Company (“Wind-Down Period”), Google may permanently suspend all rights to directly or indirectly access the Syndication Services through or as a result of any Client Applications; provided that (i) Google completely prohibits the right to access the Syndication Services from newly-installed Client Applications effective upon the conclusion of the Wind-Down Period; and (ii) until 12 months following the end of the Wind-Down Period, such suspension rights will apply only to Client Applications installed after the expiration of the 6-month Wind-Down Period.
- Additional Requirements for Chrome Extensions. If the Approved Client Application is a Chrome extension on the Chrome Web Store, then Company must additionally comply with the Chrome Web Store policies. If these Guidelines conflict with the Chrome Web Store policies, then the Chrome Web Store policies will control.
14. Additional Requirements for Google Play Apps
If the Distributor Application is an Android application on the Google Play Store, then Company must additionally comply with the Google Play policies. If these Guidelines conflict with the Google Play policies, then the Google Play policies will control.
15. Legal
Each Approved Application must comply with all applicable laws and regulations. Company must ensure that the Approved Application, and any Bundled Application(s) comply with the Policies.
16. Updates
Google will provide Company with 30 days prior written notice of any updates to these Guidelines.