Google may make available features or functionality for Customer to try at no additional cost, and which are designated as “Beta”, “Trial”, “Non-Production” or other similar designation (collectively, the “Beta Features”). While Beta Features are not Services, Customer's use of Beta Features is subject to the terms of the Agreement applicable to Services, as amended by this “Beta Feature Offering Terms” section.
A. Test Applications. Customer may opt into being a test user of one or more Beta Features via permissions granted by Customer via the Looker (original) Services ("Test Application(s)"). If Google accepts Customer as a test user of any Beta Feature (based on Google's then-current domain level requirements for test users), Google will make those Beta Features available for use by Customer subject to the terms of this “Beta Feature Offering Terms” Section. Additional terms ("Specific Test Terms") may apply to that Beta Feature and, if applicable, will be provided by Google via the Test Application or otherwise in writing before any use of the Beta Feature by Customer. The Test Application and any Specific Test Terms are incorporated into this Beta Feature Offering Terms Section.
B. Use of Customer Test Data. Google may, and Customer will (including by collecting or providing any required consents or notices) ensure that Google may use any Customer Data (including Customer Personal Data) submitted, stored, sent or received via any Beta Feature by Customer or its End Users ("Customer Test Data") to provide, test, analyze, develop and improve those Beta Features and any Google products and services used with them without any restriction or obligation to Customer, any End User or any third party, other than as stated in the Agreement's confidentiality provisions and below.
C. Application of the Data Processing Addendum. If Customer has accepted, or the parties have otherwise agreed, to Google's then-current terms describing data protection and processing obligations with respect to Customer Data at https://cloud.google.com/terms/looker/dpst (the “Data Processing Addendum”), it will apply to Beta Features as "Services" for purposes of the Data Processing Addendum. Unless stated otherwise in the applicable Beta Features, the entirety of this “Beta Features” section will form part of the "Agreement" referred to in Section 5.2.1 (Customer's Instructions) of the DPST, subject to the following amendments:
i. Unless stated otherwise in the Test Application or Specific Test Terms, information about Subprocessors (as defined in the Data Processing Addendum) will be made available in writing by Google upon Customer’s request;
ii. For the duration of Customer’s use of any Beta Features, Google will inform Customer of the engagement of any new third-party Subprocessor in relation to the Beta Features by sending an email to the Notification Email Address before the new Subprocessor starts processing any Customer Test Data;
iii. Customer may, as its sole and exclusive remedy if Customer objects to the Subprocessor, cease using the applicable Beta Feature;
iv. Beta Features are not “Audited Services” under the Data Processing Addendum.
v. Customer acknowledges that, for purposes of Section 6.1 (Deletion by Customer) of the Data Processing Addendum and to the extent permitted by applicable law, the functionality of the Beta Features may not allow deletion of Customer Test Data during the period during which Customer is permitted to use the Beta Feature ("Beta Feature Term"), but that Customer Test Data will be deleted upon expiration of the Beta Feature Term in accordance with Section 6.2 (Return or Deletion When Term Ends) of the Data Processing Addendum;
D. Use Restrictions. Customer will not, and will not allow End Users to: (i) use Beta Features to process protected health information as defined in the Health Insurance Portability and Accountability Act of 1996, or (ii) use Beta Features to process data subject to legal or regulatory compliance requirements.
E. Disclaimer. Beta Features made available by Google are provided to Customer for testing purposes only, and Google does not make any commitment to provide Beta Features in any future versions of the Services. Customer is not required to use Beta Features. Customer may disable Beta Features at its sole discretion. Google may immediately and without notice remove Beta Features for any reason without liability to Customer. Notwithstanding anything to the contrary in the Agreement, Google does not provide TSS for Beta Features. All Beta Features are provided "AS IS" without warranty of any kind.
F. Feedback. Customer may provide feedback and suggestions about the Beta Features to Google, and Google and its Affiliates may use any feedback or suggestions provided without restriction and without obligation to Customer.
