By accessing or using the Google Payment APIs, you agree to these terms (the "Google Payment APIs ToS") and the Google APIs Terms of Service ("Google API ToS") at https://developers.google.com/terms. Collectively, the Google Payment APIs ToS and the Google API ToS (which is incorporated into these terms by reference) create a binding agreement between Google Inc. ("Google") and you ("You"). Capitalized terms used but not defined in this Google Payment APIs ToS have the meanings given to them in the Google API ToS.
You agree that:
As used this Google Payment API ToS, the term “Google Payment APIs” means Google’s APIs that You access under this Agreement related to payments from End Users for your products or services. You may only use the Google Payment APIs in accordance with the Terms and only in connection with a payment transaction initiated by an End User for a bona fide sale of your products or services, unless otherwise permitted by Google in writing or permitted in Section 5. You cannot use the Google Payment APIs to process a payment transaction, or otherwise transfer money between you and an End User, that does not directly result from that End User's purchase of a product or service. Notwithstanding the foregoing, if You identify your primary product or service type as "non-profit", and You are in compliance with all of your applicable requirements (legal or otherwise), then You may use the Google Payment APIs to receive donations from End Users. With respect to the sale of digital products and services, these terms apply for any transactions completed exclusively through a web browser. If You want to sell digital products or services through mobile applications, You may not use the Google Payment APIs (please see In-App Billing).
You must comply with the Terms, the Google Payment APIs Acceptable Use Guidelines, and the Google Payment APIs Brand Guidelines). Google may update or modify the Google Payment APIs in its discretion.
You may not: (a) establish a minimum or maximum purchase amount that is specific to an End User making a purchase through the Google Payment APIs; (b) require an End User to provide you with the account numbers of any credit card, debit card, or other payment instrument in addition to information provided through the Google Payment APIs; or (c) add any service use surcharge that is specific to an End User making a purchase through the Google Payment APIs.
You are solely responsible for ensuring that your use of personal information of an End User ("End User Information"), including payment account information, complies with applicable law, your agreements with your card acquiring bank, your privacy policy, and any other applicable rules (e.g., network rules). You will only use End User Information provided by the Google Payment APIs to process the then-current transaction and perform any post-transaction activities for that transaction (e.g., chargeback), unless that End User has expressly consented to allow you to use his or her information for other purposes. For the avoidance of doubt, End User Information includes (i) any information that directly or indirectly identifies a natural person; or (ii) information that is not specifically about an identifiable individual but, when combined with other information, may directly or indirectly identify a natural person. Google may, in its reasonable discretion, request verification that is reasonably acceptable to Google of your compliance with this Agreement, including Privacy Laws (as defined below).
(a) Safeguards. At all times that you (or those acting on your behalf) have access to Google confidential information (which includes, for purposes of these Terms, End User Information), you (and those acting on your behalf) will maintain reasonable administrative, technical and physical controls designed to ensure the privacy, security, and confidentiality of that information. These controls will meet or exceed relevant industry standards and limit the collection, storage, disclosure, use of, or access to End User Information solely to personnel and for purposes authorized by the Terms. These controls will be appropriate to your role, operations and exposure to End User Information under the Terms. You will ensure that any party who receives End User Information from You is subject to these controls or otherwise provides equivalent or greater protections for the security and privacy of End User Information. At any time upon Google's request, You will cooperate with Google's reasonable efforts to assess the adequacy of these controls and the controls of anyone acting on your behalf.
(b) Access Controls. You and those acting on your behalf will: (a) maintain reasonable controls to ensure that only individuals who have a legitimate need to access Google confidential information under the Terms will have such access; (b) promptly terminate an individual's access to Google confidential information when such access is no longer required for performance under the Terms; and (c) be responsible for any unauthorized access to Google confidential information under your custody or control.
(c) Data Protection. To the extent that you access, use or otherwise process End User Information made available by Google, you will:
You will regularly monitor your adherence to this obligation and immediately notify Google in writing if you determine that you can no longer, or there is a significant risk that you can no longer, meet the obligation in this subsection (c) and either cease processing or immediately take other reasonable and appropriate steps to remediate such failure to provide adequate levels of protection.
(d) Security Incident Response Program. You will maintain a reasonable incident response program to respond to Security Incidents. If you have reason to believe that a Security Incident has occurred, you will promptly send an email to external-incidents@google.com and provide a complete description of the details known about the Security Incident. "Security Incident" means an actual or reasonably likely loss of or unauthorized disclosure, access, or use of Google confidential information.
You are solely responsible for any taxes, fees, and duties imposed by governmental entities related to payment transactions facilitated through the Google Payment APIs.
If the parties wish to engage in a co-marketing campaign, the parties will enter into an agreement covering that co-marketing campaign’s terms. You agree that Google may enter into that agreement using a Google affiliate.
The following terms apply if you access or use the Google Payment APIs in Central America, South America or China:
(a) The Terms are governed by California law, excluding California's choice of law rules.
(b) Nothing in the Terms will limit a party's ability to seek equitable relief. The parties will try in good faith to settle any dispute relating to the Terms ("Dispute") within 30 days after such Dispute arises. If the Dispute is not resolved within 30 days, it must be resolved by arbitration by the International Centre for Dispute Resolution of the American Arbitration Association and conducted in accordance with its Expedited Commercial Rules in force as of the date of the Terms. There will be one arbitrator selected by mutual agreement of the parties. The arbitration will be conducted in English in Santa Clara County, California, USA. Any decision rendered by the arbitrator will be final and binding on the parties, and judgment thereon may be entered in accordance with subsection (c) below. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Terms. All information disclosed in connection with the arbitration, including the existence of the arbitration, will be considered confidential information and will not be disclosed to third parties except as required by law. The parties may, however, disclose such information to an appropriate court under confidentiality restrictions, as necessary to seek enforcement of any arbitration award or judgment or to seek any relief permitted under the Terms. Nothing in the Terms will limit a party's ability to seek equitable relief necessary to protect its rights pending resolution of the arbitration.
(c) Either party may petition any competent court to issue any order necessary to protect that party's rights or property; this petition will not be considered a violation or waiver of this governing law and arbitration section and will not affect the arbitrator's powers, including the power to review the judicial decision. The parties stipulate that the courts of Santa Clara County, California, USA, are competent to grant any order under this subsection (c).