Advanced AI Safety Addendum

This Addendum applies to Customer’s use of certain advanced AI features designated by Google in associated Documentation or materials as "Advanced AI". 

ACCESS TO ADVANCED AI IS STRICTLY CONTINGENT UPON ACCEPTANCE OF THIS ADDENDUM. BY AGREEING TO THIS ADDENDUM, YOU ACKNOWLEDGE THAT YOU ARE ACTING ON BEHALF OF YOUR ORGANIZATION AND POSSESS THE REQUISITE AUTHORITY TO BIND CUSTOMER TO THE OBLIGATIONS IN THIS ADDENDUM.

1. Advanced AI Data Storage and Safety Review. 

a. Scope. This Addendum governs Customer’s use in connection with the Relevant Project of anything designated as Advanced AI. Google will provide 30 days' notice before designating any generally-available feature as Advanced AI after the Addendum Effective Date. Nothing in this Addendum limits Google’s obligations under the Agreement, including its data location obligations and obligations under "Training Restriction" in the Service Specific Terms (currently Section 18) or any other Service Specific Terms.

b. Enhanced Safety Protocols. Regardless of any previous elections or permissions made or given by Customer, Customer acknowledges that for the purposes of (i) "Handling of Prompts and Generated Output" in the Service Specific Terms (currently Section 20.h), and (ii) as applicable, "Generative AI and Safety Abuse for GCP Services" in the Google Cloud Terms of Service (currently Section 4.3), this Addendum constitutes Customer’s instruction to Google to: (A) store outside Customer’s Account certain Customer Data, specifically prompts and Generated Output, and (B) retain such Customer Data for up to sixty (60) days and, during that period, review it using automated tools or, as necessary, human review by authorized personnel on a need-to-know basis solely for the limited purpose stated below, including the ability for Google to aggregate data for that purpose.

c. Purpose. The Enhanced Safety Protocols described above are for the sole purpose of ensuring safe and compliant use of the Advanced AI in relation to the Relevant Project, including by detecting potential violations of the AUP (the Google Cloud Acceptable Use Policy available at https://cloud.google.com/terms/aup), the Generative AI Prohibited Use Policy (available at https://policies.google.com/terms/generative-ai/use-policy) and any other contract terms such as use restrictions (the "Purpose").

d. Data Processing Terms. Google will process Customer Data for the Purpose in accordance with the Cloud Data Processing Addendum (the "CDPA") provided that (i) Customer instructs Google under Section 6.1 (Deletion By Customer) of the CDPA General Terms to delete such Customer Data from Google’s systems automatically after processing for the Purpose; and (ii) if the Advanced AI is a Pre-GA Offering, such processing will be governed by the "Pre-GA Offerings Terms" in the Service Specific Terms (currently Section 5 of the General Service Terms).

2. Partner-Specific Terms. For any resale and/or supply of Advanced AI to any Non-TOS Customer, the Customer Agreement must: (i) impose obligations on the Non-TOS Customer equivalent to those in this Addendum, and (ii) provide Google (and Google Affiliates) with enforceable third party beneficiary rights equivalent to Google’s rights under this Addendum.

3. Duration. This Addendum will remain in effect for the duration of the Relevant Project, but Customer may cease using Advanced AI within the Relevant Project at any time.

4. Miscellaneous. This Addendum is incorporated into and forms part of the Agreement. In the event of any conflict or inconsistency regarding Advanced AI between the terms of this Addendum and the remainder of the Agreement (including the Service Specific Terms and any terms located at a URL), the terms of this Addendum will prevail to the extent of such conflict. This Addendum is subject to the "Governing Law" and (if applicable) "Dispute Resolution" sections in the Agreement.