Colab Paid Services Additional Terms of Service

Last Modified: March 14, 2022 (view previous version of these terms)

To use the paid Colab Services (the “Colab Paid Services”), you must accept (1) the Google Terms of Service, and (2) these Colab Paid Services Additional Terms of Service (the “Colab Paid Services Additional Terms”).

Please read each of these documents carefully. Together, these documents are known as the “Terms”. They establish what you can expect from us as you use our services, and what we expect from you.

Unless you are a consumer based in France, if these Colab Paid Services Additional Terms conflict with the Google Terms of Service, these Colab Paid Services Additional Terms will govern your use of Colab Paid Services.

"Google" means the Google entity corresponding to your billing address below:

1. Services.

Colab Paid Services. Colab Paid Services allows anybody to write and execute arbitrary python code through the browser, and is especially well-suited to machine learning, data analysis and education. Google allows you to access certain premium features or content as a part of the Colab Paid Services in exchange for a one-time or recurring fee, as applicable to the relevant features or content (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 subject to additional fees or restrictions. Your Paid Service transactions and any other use of the Paid Services are subject to these Terms. To purchase a Paid Service, you must have a Google Payments account and agree to the Google Payments Terms of Service. You are responsible for all charges associated with purchases made on your Google Payments account.

Other Google Services; Third Party Services. 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 these Terms. Your use of other Google services is governed by the terms that apply to those services. Your use of third party services is governed by separate terms 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 of the 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.

Information about You. Our Privacy Policy explains how we treat your personal data and protect your privacy when using Paid Services. Although it’s not a part of these Terms, we encourage you to read the Google Payments Privacy Notice to better understand how you can update, manage, export, and delete your information.

Managing your Subscriptions. You can manage your subscriptions as part of Paid Services in a number of different places, including through Google Pay. Please see the following Help Center article for more information.

Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of purchase. If the price of the subscription increases later, Google will notify you. The increase will apply to the next payment due from you after the notice if you are given at least 30 days' prior notice before the charge is made. If you are given less than 30 days' prior notice, the price increase will not apply until the payment after the next payment due. If you do not wish to pay the increased price for a subscription, you may cancel the subscription as described in the Managing your Subscriptions section of these Terms, and you will not be charged further amounts for the subscription if you notify us before the end of the current billing period.

Taxes. "Taxes" means any duties, customs fees, levies or taxes (other than income tax) associated with the sale of the Paid Services, including any related penalties or interest. You are responsible for any Taxes and must pay for the Paid Services without any reduction for Taxes. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of the Paid Services. The reporting and payment of any applicable Taxes are your responsibility. Notwithstanding the foregoing, VAT as applicable is included in the price of the Paid Services.

Disputes. Any invoice disputes must be submitted before the payment due date. If Google determines that fees were incorrectly invoiced, Google will issue a credit equal to the agreed amount. 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 these Terms obligates Google to extend credit to any party.

Device and Usage Requirements. Certain types of Paid Services may require you to use a device that meets the system and compatibility requirements for the Paid Services, which may change from time to time and will be notified to you ahead of the subscription or change.

Changes to Terms or Paid Services. Where required by law, we will provide you with notice of changes to the Terms or to the Paid Services (including any price changes) at least 30 days before the changes apply. This notice will include the new or modified terms (and how they read formerly) and the date on which the changes will become effective. If the changes increase your obligations under these Terms or reduce ours, then you may refuse the changes and terminate these Terms and the Paid Services, without cost, by providing us with notice no later than 30 days after the changes become effective.

2. EU, Israel, Turkey and Brazil Consumer Right of Withdrawal.

Right of Withdrawal. If you are a consumer based in the EU, Israel, Turkey or Brazil, and you are purchasing the Paid Services as a consumer, you have the right to withdraw from these Terms within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day you accept these Terms. To exercise the right of withdrawal, you must inform us (Google Commerce Limited, c/o Customer Support, Gordon House, Barrow Street, Dublin 4, Ireland) of your decision to withdraw from the Terms by an unequivocal statement (e.g., a letter sent by post, fax, or e-mail). You may use the model withdrawal form below, but it is not required. To meet the withdrawal deadline, it is sufficient for you to send your withdrawal communication before the withdrawal period has expired. If you are a consumer based in Brazil, you can also exercise the right of withdrawal using our support channels. If you are a consumer based in Israel, you may also terminate your recurring subscription upon a 3-days’ prior notice and you can also exercise the right of withdrawal or termination in the following manner: via registered post or via e-mail.

Effects of Withdrawal. If you withdraw from these Terms, we will reimburse you for all payments we received from you, including the costs of standard delivery (unless you choose expedited delivery, in which case you will be responsible for the expedited delivery costs), if any, no later than 14 days after we receive your withdrawal communication. We will reimburse you using the same payment method that you used for the initial transaction, unless you expressly agree otherwise, and you will not incur any fees as a result of the reimbursement. If you requested to start Paid Services during the withdrawal period, you will pay us an amount proportional to the amount of Paid Services that we provided before we received your withdrawal communication, in comparison with the full coverage of the Terms. If you are a consumer based in Israel, your withdrawal may be subject to a fee equal to the lower of (i) 5% from the transaction fee or (ii) NIS 100. In addition, if you are an Israeli consumer and you terminate your recurring subscription upon a 3-days’ prior notice, you will be reimbursed the proportionate amount collected for the Paid Service following the effective termination date.

Model Withdrawal Form.

— To Google Commerce Limited, c/o Customer Support, Gordon House, Barrow Street, Dublin 4, Ireland:
— I/We (*) am/are giving notice that I/We (*) withdraw from my/our (*) contract of sale
of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date

(*) Delete as appropriate

3. Restrictions.

In this Section 3, the phrase “you will not” means “you will not, will not attempt, and will not permit a third party to”.

When you use the Paid Service, you will not:

• share your Google account password with someone else to allow them to access any Paid Service that the person did not order;
• access the Paid Service other than by means authorized by Google;
• copy, sell, rent, or sublicense the Paid Services to any third party;
• use the Paid Service as a general file-hosting or media-serving platform;
• engage in peer-to-peer file-sharing; or
• mine cryptocurrency.