Terms of Service
These Google Terms of Service for the Colab Pro Services (the “Agreement”) is made and entered into between Google and the entity or person agreeing to these terms ("Customer, you, your"). "Google", “we” or “our” means Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View, California 94043.
This Agreement is effective as of the date Customer clicks to accept the Agreement (the “Effective Date”). If you are accepting on behalf of Customer, you represent and warrant that: (i) you are 18 years of age or older; (ii) you have full legal authority to bind Customer to this Agreement; (iii) you have read and understand this Agreement; and (iv) you agree, on behalf of Customer, to this Agreement. If you do not have the legal authority to bind Customer, please do not click to accept. This Agreement governs Customer’s access to and use of the Paid Services (as defined below). For an offline variant of this Agreement, you may contact Google at email@example.com for more information."
Google allows you to access certain premium features or content as a part of the Colab Pro services in exchange for a one-time or recurring fee, as applicable to the relevant features or content (collectively, each a “Paid Service” and collectively the "Paid Services"). The Paid Services include feature-based subscriptions and other Google services which may be offered by Google in the future, which may be subject to additional fees or restrictions. Your Paid Service transactions and any other use of the Paid Services are subject to this Agreement.
1. Your Acceptance
Each time you place an order for a Paid Service (including when you order individual subscriptions or items of content), you enter into a separate contract for services on these Terms. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.
2. Payment, Refund and Cancellation Policy
Payment: Google accepts payment via the current payment method indicated prior to purchase, which may include Google Payments and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment on file with Google in order to purchase Paid Services. You agree to abide by any relevant terms of service or other legal agreement (including without limitation the Google Payments Terms of Service), whether with Google or a third party, that governs your use of a given payment processing method. The Paid Services allow you to connect to other Google services or to non-Google (third party) services. Your use of other Google services or third party services is not governed by this Agreement. Your use of other Google services is governed by the terms that apply to such service. Your use of third party services is governed by separate terms and conditions between you and the third parties associated with the services. You must not use the Paid Services to access Google services or third party services in a manner that violates the terms and conditions of such Google services or third party services. You are solely responsible for ensuring that you have the necessary rights to connect to and use any third party services. Google does not operate, support, endorse, monitor, control, or assume any responsibility or liability whatsoever for third party services. Google is not responsible for the security practices or privacy policies of third party services.
Prices for any Paid Service may change at any time, and Google does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. Google will charge your credit card or other form of payment for the price listed on the relevant Paid Service offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations, to the extent permitted by applicable law. If you purchase any automatically renewing subscriptions, you agree that Google will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Google reserves the right to immediately revoke your access to any and all Paid Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Google may cancel your Paid Services subscriptions.
Taxes: You are responsible for any duties, customs fees, or taxes (other than Google’s income tax) associated with the purchase of the Paid Services, including any related penalties or interest (collectively, “Taxes”), and you will pay Google for the Paid Services without any reduction for Taxes. If Google is obligated to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Google with a timely and valid tax exemption certificate authorized by the appropriate taxing authority. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale. If you are required by law to withhold any Taxes from its payments to Google, you must provide Google with an official tax receipt or other appropriate documentation to support such withholding. If under the applicable tax legislation the Paid Services are subject to local VAT and you are required to make a withholding of local VAT from amounts payable to Google, the value of Paid Services calculated in accordance with the above procedure will be increased (grossed up) by you for the respective amount of local VAT and the grossed up amount will be regarded as a VAT inclusive price. Local VAT amount withheld from the VAT-inclusive price will be remitted to the applicable local tax entity by you and you will ensure that Google will receives payment for its services for the net amount as would otherwise be due (the VAT inclusive price less the local VAT withheld and remitted to applicable tax authority).
If required under applicable law, you will provide Google with applicable tax identification information that Google may require to ensure its compliance with applicable tax regulations and authorities in applicable jurisdictions. You will be liable to pay (or reimburse Google for) any taxes, interest, penalties or fines arising out of any mis-declaration by you.
Refunds: You can cancel your purchase and receive a refund as long as you have not commenced using the relevant Paid Service ordered. Requests for refunds must be made by emailing our customer support team at firstname.lastname@example.org. We reserve the right to approve or deny refund requests at our sole discretion, to the extent permitted by applicable law.
Disputes: Any invoice disputes must be submitted before the payment due date. If the parties determine that certain billing inaccuracies are attributable to Google, Google will not issue a corrected invoice, but will instead issue a credit memo specifying the incorrect amount in the affected invoice. If the disputed invoice has not yet been paid, Google will apply the credit memo amount to the disputed invoice and you will be responsible for paying the resulting net balance due on that invoice. To the fullest extent permitted by law, you waive all claims relating to fees unless claimed within 60 days after charged (this does not affect any of your rights with your credit card issuer). Refunds (if any) are at the discretion of Google and will only be in the form of credit for the Paid Service. Nothing in this Agreement obligates Google to extend credit to any party.
Subscription Cancellations: If you purchase a subscription to a Paid Service that automatically renews, you may cancel the subscription any time before the end of the current billing period, and the cancellation will take effect on the next billing period. You will retain access to the Paid Service, subject to the Terms, from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period.
3. Accessing Paid Services.
Device and Usage Requirements. Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for such Paid Service, which may change from time to time.
Geographic Restrictions. The Paid Services are currently available only in some countries. You will not present any false, inaccurate or misleading information in an effort to misrepresent yourself as a resident of a supported country, and you will not attempt to circumvent any restrictions on access to or availability of the Paid Services or content available within the Paid Services.
4. License and Feedback
Subject to the Terms, during the Term, Google grants to Customer a non-exclusive, non-transferable, non-sublicensable, license to access the Paid Service. All rights, title and interest in the Paid Services (including any content offered through the Paid Services) not expressly granted to you in these Terms are reserved by Google and its licensors. If Google reasonably determines that you violated any of the terms and conditions of this Agreement, your rights under this Section 4 will immediately terminate and Google may terminate your access to the Paid Service and/or your Google account without notice and without refund to you.
If Customer provides Google feedback or suggestions about the Paid Services (“Feedback”), then Google may use that information without obligation to Customer, and Customer irrevocably assigns to Google all right, title, and interest in that Feedback.
When you use the Paid Service, you will not (or attempt to):
- use the Paid Service in an illegal manner or for an illegal purpose;
- share your Google account password with someone else to allow them to access any Paid Service that such person did not order;
- copy, sell, rent, or sublicense the Paid Services to any third party;
- circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Google uses to protect the Paid Service or encourage or help anyone else to do so;
- access the Paid Service other than by means authorized by Google; or
- remove any proprietary notices or labels on Paid Services.
Certain Paid Services products may have certain usage limits that determine the amount of resources made to Customer, which may include (but are not limited to), usage limits regarding the number of hours of access per month to various models and combinations of GPUs, CPUs and other hardware made available to Customer in association with Paid Services. These limits may vary over time, or on a per-customer basis, and may be adjusted at the sole discretion of Google. Those factors may include (but are not limited to) overall capacity availability, the nature of Customer’s activity with Paid Service, and the activity of other users or customers of Paid Service. Specific activities that are not allowed with Paid Services under this Agreement and may affect Customer’s usage limits include (but are not limited to) cryptocurrency mining, using Colab to facilitate denial of service attacks, using Colab for peer-to-peer file sharing, and using Colab as a general file-hosting or media-serving platform. Google may, at its sole discretion, reduce usage limits to zero or effectively ban Customer from using Paid Services or the Colab service in general.
In this Section 5, the phrase “you will not” means “you will not, and will not permit a third party to”.
Changes or Discontinuation of Paid Services. Google reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you (unless required by applicable law), and we will not be liable to you or any third party for any such modifications, suspension, or termination.
Changes to this Agreement. We may also change this Agreement from time to time so we encourage you to periodically review the most up-to-date version at https://colab.research.google.com/pro/terms. If the Agreement changes, you will have the opportunity to review the new terms before you next purchase any Paid Service. By completing the purchase, you signify your agreement to the new Agreement, and further, that they will apply to your use of the Paid Services as a whole (including, to the extent permitted by law, any Paid Service you have purchased in the past) and all subsequent purchases (until the Agreement changes again). Notwithstanding the foregoing, changes to the Agreement made for legal reasons will be effective immediately. If you refuse to accept the updated Agreement then you may not buy any additional Paid Services, and the latest version of the Agreement that you accepted will continue to apply to your use of previously purchased Paid Services.
Where required by law, we will provide you with notice of changes to the Agreement or to the Paid Services at least thirty (30) days before the changes apply. This notice will set out the new clause, or the modified clause and how it read formerly and the date on which the change will come into force. You may refuse the change and cancel this Agreement and the Paid Services, without cost, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force using the information in the notice, if the change entails an increase in your obligations or a reduction in ours. If you do not agree to the changes, then you may not use the Paid Services.
To the fullest extent permitted by applicable law, your continued access to and/or use of the Paid Services after the date specified in any notice or the “Effective” date set out in any of the Terms constitutes your full acceptance of, and agreement to be legally bound by these Terms, as modified.
8. Other Terms
You acknowledge and agree that certain content available in the Paid Services may be considered offensive to some people and that such content may not be labeled as such. Additionally, certain descriptions of Paid Services or content available in the Paid Services are not guaranteed to be accurate. You agree to use the Paid Services at your own risk and, subject to applicable laws, Google will have no liability to you for any content that you find offensive.
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOOGLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PAID SERVICES AND YOUR USE THEREOF. GOOGLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF PAID SERVICES OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Google.
SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL GOOGLE’S OR ITS AFFILIATES' AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY GOOGLE FROM YOU FOR THE PAID SERVICES.
Unless prohibited by applicable law, you agree that the Terms, including this Agreement, your transaction for the Paid Service, and your relationship with Google under this Agreement will be governed by the laws of the State of California, U.S.A., without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Google Website and the Paid Services will be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California, U.S.A.