Verify with Google Wallet Relying Party Terms of Service 

These Verify with Google Wallet (“VGW”) Relying Party Terms (“VGW Relying Party Terms”) form a legally binding contract between Google LLC and the party using VGW to verify user age, identity, or credentials (collectively, “you”, “your”, or the “Relying Party,” as further defined below).  By accessing, using, processing, and/or storing VGW Data (defined below), you are agreeing to these VGW Relying Party Terms.    These Terms are effective as of the date you electronically accept these Terms (the “Effective Date”). Collectively, we refer to these VGW Relying Party Terms, any additional terms, and any applicable policies and guidelines as the "Terms."  

You agree to comply with the Terms and that the Terms control your relationship with us. So please read all the Terms carefully. If you use VGW Data in conjunction with other Google products or services, then the terms for those other products or services also apply.

Under the Terms, "Google" means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043, United States.  When we refer to “Google,” “we,” “us,”  and “our,” we mean Google LLC and its affiliates.  

Section 1: Definitions

1. "Brand Features" means the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party.
2. “Product ” means your goods and/or services that legitimately require you to verify the age, identity, or credentials of your end users in order for your end users to access or use those goods and/or services.
3. “Relying Party” means the person or entity that accesses, uses, processes, and/or stores VGW Data in order to verify user age, identity, or credentials. 
4. “VGW Data” means any data relating to an individual or that identifies, describes, is linked or linkable to that individual (any such individual, a “VGW User”) that is obtained or collected from a verified credential stored in Google Wallet.
5. “VGW Program” means the Verify with Google Wallet Program for onboarding Relying Parties.
6. “VGW Program Requirements” means the administrative, technical, security, and other requirements specified by Google that you must meet in order to access, use, process, and/or store VGW Data including but not limited to the current set of requirements set forth in Section 3 (VGW Program Requirements) of this VGW Relying PartyTerms, as they may be modified from time to time by Google.

Section 2: Account and Registration

1. Accepting the Terms.  If you are agreeing to these terms on behalf of another individual or entity, you represent and warrant that you have authority to bind the Relying Party to the Terms and by accepting the Terms, you are doing so as authorized by and on behalf of the Relying Party (and, for the avoidance any doubt, all references to "you" or “your” in the Terms include that Relying Party).  You may not access, use, process, and/or store VGW data and may not accept the Terms if (a) you are not of legal age to form a binding contract with Google, or (b) you are a person barred from using or receiving VGW Data under the applicable laws of the United States or other countries including the country in which you are resident or from which you use the VGW Data.  
2. Program Requirements.  In order to access VGW Data, you may be required to provide certain information (such as identification or contact information) as part of the registration process, or as part of your continued ability to access VGW Data. You agree that any registration information you give to Google will always be accurate and up-to-date and that you will inform Google promptly of any updates or changes to that information.
3. Subsidiaries and Affiliates.  Google has subsidiaries and affiliated legal entities around the world. These companies may enable access to VGW Data to you on behalf of Google and the Terms will also govern your relationship with these companies.

Section 3: VGW Program Requirements

1. Entitlements. You acknowledge and agree that you will not access or use, or attempt to access or use, VGW Data unless Google has provided you with VGW Program entitlement. To obtain such entitlement, you must meet the following entitlement requirements, as solely determined by Google:
   1. Your access, use, processing, and/or storage of VGW Data must comply with the Google Pay and Wallet APIs Acceptable Use Policy, as updated from time to time by Google. The Google Pay and Wallet APIs Acceptable Use Policy as updated will automatically become a part of these Terms.  For the avoidance of any doubt, the Google Pay and Wallet APIs Acceptable Use Policy applies to you, your Product, and any VGW Data, however accessed, even if your access is not through an API; 
   2. You must provide Google with the list of information in Attachment A upon Google’s request, and you may not deviate from such use case after launch unless you amend the applicable Attachment and receive updated approval from Google;
   3. Your Product must involve goods and/or services for which verifying an end user’s age, identity, or credentials is required by law, or some other legitimate purposes such as combating fraud or public safety, and you must also only verify information that is strictly necessary for those purposes; and
   4. You must provide and maintain publicly available and regularly updated links to user terms of service and a privacy policy relating to the collection and processing of any information relating to your Product that complies with applicable law.  You are solely responsible for obtaining any consents or providing any notices or opt-outs relating to your Products that are required by applicable law.
   5. You must follow best practice guidance on fraud management. 

Notwithstanding anything herein to the contrary, Google may deny or revoke VGW Program entitlement at any time in its sole discretion, including after integration of your Product with VGW Data.

2. Updates. You agree to keep updated all  information you provide to Google to obtain Program entitlement.

Section 4: VGW Data

1. Purpose. You agree to only request or access the specific data value(s) of VGW Data from users of Your Product for age, identity, or credential verification purposes and only when such verification: 
   1. is required by law, or some other legitimate purpose such as public safety or combatting fraud, and 
   2. Is strictly necessary for the user to access or use Your Product. 
2. Data Minimization. You agree to not request that end users provide any VGW Data for any purpose other than the purposes in Section 4(a). You agree to only request or access the specific VGW Data from end users of Your Product that are strictly required for verifying the end user’s age, identity, or credentials and not any additional data.
3. Data Retention. You agree to clearly and conspicuously notify and disclose to end users whether you will retain an end user’s VGW Data and the duration that you will retain such VGW Data.  At the expiration of such duration, you agree to destroy the end user’s VGW Data in your possession or control in accordance with your notice and record retention policy.
4. Restrictions.  You may not sell, as that term is defined under any applicable law, VGW Data.  In addition, unless strictly necessary for the purposes listed in Section 4(a) or explicitly required by applicable law, you may not:
   1. use, process, store, or manipulate VGW Data, or combine VGW Data with other data, without first (a) providing the applicable VGW User clear and conspicuous advance notice of such processing, and (b) obtaining such VGW User’s agreement to such processing; or 
   2. share, transfer, disclose, disseminate, or otherwise make available VGW Data to any third-parties.
5. Data Portability.  Google supports data portability. For as long as you use, process, or store any VGW Data, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that's substantially as fast and easy as exporting such data from Google products and services, subject to applicable laws and security restrictions.
6. Accuracy. VGW Data may contain data, images, and messages that are controlled and updated solely by the third party provider that issues them. Google is not responsible for any inaccuracies or errors in data reported to Google by the third-party issuer of the credential

Section 5: Accessing and Using VGW Data 

1. Google Controller-Controller Data Protection Terms.  To the extent required by data protection laws applicable to the parties' processing of personal data under these Terms, the parties agree to the Google Controller-Controller Data Protection Terms.
2. Health-related Terms.  For the avoidance of doubt, (i) Google does not, and will not, become your Business Associate under, or otherwise become subject to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") as a result of your agreement to these Terms or your participation in the VGW Program under these Terms, including as a result of your access, use, processing or storage of VGW Data, (ii) you are solely responsible for your compliance with HIPAA, and (iii) VGW Data is not Protected Health Information as the term is defined by HIPAA.
3. Monitoring.  YOU AGREE THAT GOOGLE MAY MONITOR YOUR ACCESS AND USE OF VWG DATA TO ENSURE QUALITY AND SECURITY, IMPROVE GOOGLE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. This monitoring may include Google accessing and testing your access to and use of VGW Data in connection with your Product, for example to identify security issues that could affect Google or its users. You will not interfere with this monitoring. Google may use any technical means to overcome such interference. Google may suspend access to VGW Data by you or your Product without notice if we reasonably believe that you are in violation of the Terms.
4. Security.  You are solely responsible for security relating to your access and use of VGW Data relating to your Products, including the security of any VGW Data or other information, including personal data, you collect, process, or store. You will use commercially reasonable efforts to protect user information collected by your Product, including personal data, from unauthorized access or use and will promptly notify your users of any unauthorized access or use of such information to the extent required by applicable law.
5. Ownership.  Google does not acquire ownership in your Product, and by accessing, using, processing, and/or storing VGW Data, you do not acquire ownership of any rights in our products or services or the content that is accessed through Google Wallet.
6. Compliance with Law, Third Party Rights, and Other Google Terms of Service.  You will comply with all applicable law (including without limitation laws regarding the import or export of data or software, privacy, data protection, security, and local laws). You will not access or use VWG Data to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Google (or its affiliates).

Section 6: Intellectual Property

1. Brand Features.  You grant Google and its affiliates a limited, nonexclusive, royalty-free license during the term of this VGW Relying Party Terms to display your Brand Features that have been submitted by you to Google pursuant to Attachment A:
   1. to end users of your Product in connection with your use of the VGW Data; and
   2. in promoting or marketing your use of the VGW Data.  

You may revoke the permission to display your Brand Features for promotional or marketing purposes, as described in Section 6(a)(ii) here, by giving your designated business contact at Google written notice and a reasonable period of time to cease such use.

2. Publicity.  You will not make any statement regarding your access or use of VGW Data which suggests partnership with, sponsorship by, or endorsement by Google without Google's prior written approval.
3. Retention of Rights. Except as expressly stated in these Terms, these Terms do not grant either party any express or implied rights to the other’s intellectual property.
4. Promotional and Marketing Use. In the course of promoting, marketing, or demonstrating how VGW Data and the associated Google products and services can be accessed and used, Google may produce and distribute incidental depictions, including screenshots, video, or other content from your Product, and may use your company or Product name. You grant us all necessary rights for the above purposes.

Section 7: Service-related communications

1. Feedback.  If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you.
2. Confidentiality.  We sometimes send you service-related communications.  These communications to you may contain Google confidential information. Google confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Google's prior written consent. Google confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You will not disclose Google’s confidential information, except to employees, affiliates, agents, professional advisors, or third-party contractors (“Delegates”) who need to know it and who have a legal obligation to keep it confidential. You will use Google’s confidential information only to exercise rights and fulfill obligations under these Terms while using reasonable care to protect the confidential information. You will ensure that your Delegates are also subject to the same non-disclosure and use obligations.  You may disclose Google confidential information when required by law after you provide us reasonable prior notice, if permitted by law.

Section 8: Termination

1. Termination.  You may stop accessing or using VGW Data at any time with or without notice.  Further, if you want to terminate the Terms, you must provide Google with prior written notice and upon termination, cease any further access, use, processing, and storage of VGW Data. Google reserves the right to terminate the Terms with you, or discontinue your access to VGW Data or any portion of or feature in Google Wallet for any reason and at any time without liability or other obligation to you.
2. Your Obligations Post-Termination.  Upon any termination of the Terms or discontinuation of your access to VGW Data, you will immediately stop attempting to access or accessing VGW Data. 
3. Surviving Provisions.  When the Terms terminate, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to: Section 7, Service-related Communications; Section 9, Liability; Section 10, General Provisions. 

Section 9: Liability 

1. REPRESENTATIONS AND WARRANTIES; DISCLAIMER.  EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE VGW DATA OR GOOGLE WALLET.  FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT VGW DATA, THE SPECIFIC FUNCTIONS OF GOOGLE WALLET, OR THEIR RELIABILITY, AVAILABILITY, COMPLETENESS, AUTHENTICITY, ACCURACY, THEIR SUITABILITY FOR IDENTITY, AGE, OR CREDENTIAL VERIFICATION PURPOSES OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE VGW DATA "AS IS" AND GOOGLE WALLET “AS IS.”  You represent and warrant that you will use reasonable care and skill in complying with your obligations under these Terms. In addition, you represent and warrant that you will fulfill your obligations under these Terms and you will comply with all applicable laws, rules, and regulations in connection with your activities under these Terms. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: GOOGLE’S ONLY REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS ARE EXPRESSLY STATED IN THIS SECTION; AND GOOGLE DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, CONFORMANCE WITH DESCRIPTION, CONTENT ACCURACY, ERROR-FREE OPERATION, NON-INFRINGEMENT, AND FITNESS FOR PURPOSE.
2. LIMITATION OF LIABILITY.  “LIABILITY” MEANS ANY LIABILITY, WHETHER UNDER CONTRACT, TORT (INCLUDING FOR NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE OR CONTEMPLATED BY THE PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW:
   1. GOOGLE, AND GOOGLE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT HAVE ANY LIABILITY, ARISING OUT OF OR RELATED TO THESE TERMS, GOOGLE WALLET, OR VGW DATA FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.  
   2. THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO ACCESS AND USE THE VGW DATA DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. 
   3. IN ALL CASES, GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
3. Indemnification.  Unless prohibited by applicable law, you will defend and indemnify Google, and its directors, officers, employees, and contractors against all liabilities and expenses, including any claims, losses, damages, judgements, fines, costs, and fees (including legal fees), relating to any allegation or third-party legal proceeding (including actions by government authorities) to the extent arising from or relating to:
   1. your misuse or your end user's misuse of VGW Data or Google Wallet;
   2. your violation or your end user's violation of the Terms; or
   3. any content or data used in conjunction with the VGW Data by you, those acting on your behalf, or your end users.

Section 10: General Provisions

1. Modification.  We may modify these Terms or any portion thereof, for example, (1) to reflect changes in how VGW Data can be accessed, used, processed, or stored, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm. You should look at these Terms regularly. If we materially change these Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes to the extent practicable, except in urgent situations, such as preventing ongoing abuse or responding to legal requirements.  We'll provide this notice in a Google help center, and/or in the Google developers console. Material changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions or changes made for legal reasons will be effective immediately.  If you do not agree to the modified Terms for accessing or using VGW Data, you should discontinue accessing VGW Data. Your continued access to and use of VGW Data constitutes your acceptance of the modified Terms.
2. U.S. Federal Agency Entities.  Enabling users to share VGW Data with consent was developed solely at private expense and constitutes  commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.
3. General Legal Terms.  
   1. We and you each agree to contract in the English language. If we provide a translation of the Terms, we do so for your convenience only and the English Terms will solely govern our relationship. 
   2. All legal notices must be in English, in writing (which may be by email), and addressed to the other party’s primary contact for legal notices, which for Google is legal-notices@google.com.
   3. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. 
   4. Nothing in the Terms will limit either party's ability to seek injunctive relief. 
   5. We are not liable for failure or delay in performance of these Terms to the extent caused by circumstances beyond our reasonable control. 
   6. If you do not comply with the Terms, and Google does not take action right away, this does not mean that Google is giving up any rights that it may have (such as taking action in the future). 
   7. If it turns out that a particular term is not enforceable, this will not affect any other terms. 
   8. The Terms are the entire agreement between you and Google relating to its subject and supersede any prior or contemporaneous agreements on that subject.
   9. The parties may execute these Terms in counterparts, including electronic copies, which taken together will constitute one instrument.
   10. Except as set forth below: (i) the laws of California, U.S.A., excluding California's conflict of laws rules, will apply to any disputes arising out of or related to the Terms, Google Wallet, or VGW Data and (ii) ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS, GOOGLE WALLET, OR VGW DATA WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA, AND YOU AND GOOGLE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
   11. If you are accepting the Terms on behalf of a United States federal government entity, then the following applies instead of the paragraph above: the laws of the United States of America, excluding its conflict of laws rules, will apply to any disputes arising out of or related to the Terms, Google Wallet, or VGW Data. Solely to the extent permitted by United States Federal law: (i) the laws of the State of California (excluding California's conflict of laws rules) will apply in the absence of applicable federal law; and (ii) FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS, GOOGLE WALLET, OR VGW DATA, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.
   12. The foregoing does not apply to state agencies that are statutorily prevented from agreeing an alternative law for its state.

Attachment A

You must provide the following information, which at all times must be kept updated, to your designated business contact at Google:

1. Information about you and your Product:
   1. Business Name
   2. Product name
   3. Logo(s)
2. Name(s) of your designated authorized representative(s) for notices and communications, and correspondence email and address information.
3. VGW Data elements you will request from end users and the retention period for each, including:
   1. document type, namespace and elements
4. Description of how VGW Data will be used or processed; your purpose for accessing, using, processing, and/or storing VGW Data; and why verification using VGW Data is necessary
   1. Provide additional justification if using non-aggregated fields when aggregated fields are available (e.g. requesting date of birth when age>21 field is available)
5. A copy of and link to publicly available and regularly updated end user terms of service and privacy policy for your Product, which Google may display on your behalf to end users 
6. Online use cases only: Video demonstrating how VGW Data will be requested in your Product flow and the usage of the specific data elements collected.  The video must: 
   1. be in English
   2. show how VGW Data will be used by demonstrating the functionality enabled by each of the data elements collected
   3. show how your terms of service and privacy policy will be shown to your user 

Google may update this list from time-to-time and request an update from you from time to time to which you will respond promptly.