1. Software Terms. The following terms apply to all Software:
a. License. Google grants Customer a non-exclusive, non-sublicensable, non-transferable license during the Order Term to reproduce and use the Software ordered by Customer for internal business purposes only on systems owned, operated, or managed by or on behalf of Customer in accordance with the Agreement.
b. Other Warranties and Compliance. Each party represents and warrants that it will comply with all laws applicable to its provision or use of the Software, as applicable. Customer will: (i) ensure that Customer and its End Users' use of the Software complies with the Agreement and the restrictions in the Agreement applying to Customer's use of the Wiz Services; (ii) use commercially reasonable efforts to prevent and terminate any unauthorized access to or use of the Software; and (iii) promptly notify Google of any unauthorized access to or use of the Software of which Customer becomes aware.
c. Open Source or Third Party Terms. If the Software contains open source or third-party components, those components may be subject to separate license agreements, which Google will make available to Customer upon request. Customer is solely responsible for complying with the terms of any such third party components or open source licenses.
d. Termination. On termination or expiration of the Agreement, Customer will stop using all Software and delete all copies.
e. Software Indemnification. Google’s indemnity obligations under the Agreement with respect to allegations of infringement of third-party Intellectual Property Rights apply to Software, and Customer’s indemnity obligations under the Agreement with respect to Customer’s use of the Wiz Services apply to Customer’s use of Software. In addition to any other indemnity exclusions in the Agreement, Google’s indemnity obligations will not apply to the extent the underlying allegation arises from modifications to Software not made by Google or use of versions of Software that are no longer supported by Google.
f. Updates and Maintenance. During the Term, Google will make available to Customer copies of all current versions, updates, and upgrades of Software, promptly upon general availability, as described in the Documentation. Unless otherwise stated in the Documentation, Google will maintain the current minor release of Software and the two minor releases immediately preceding the current minor release. Maintenance for any Software may be discontinued with one year’s notice from Google, except Google may eliminate maintenance for a version and require upgrading to a maintained version to address a material security risk or when reasonably necessary to avoid an infringement claim or comply with applicable law.
2. Wiz Preview Features.
a. From time to time, Google may make beta, pilot, or early access features, services or functionality available to Customer on a beta-testing basis (“Wiz Preview Feature(s)”) to try at no charge. Customer may choose to try or not to try Wiz Preview Features in its sole discretion.
b. Notwithstanding anything to the contrary in the Agreement: (i) Google makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise regarding Wiz Preview Features; (ii) Google will not provide any indemnity related to Wiz Preview Features; (iii) the Service and Support Levels Agreement does not apply to Wiz Preview Features; (iv) Google, in its sole discretion, may (A) discontinue Wiz Preview Features at any time, and/or (B) elect not to make Wiz Preview Features generally available. Further, notwithstanding anything to the contrary in any other limitation of liability Section in the Agreement, with respect to Wiz Preview Features, Google will not be liable for any amounts in excess of the lesser of (1) the limitation on the amount of liability stated in the Agreement or (2) $25,000. Nothing in the preceding sentence will affect any exclusions from any limitation of liability in the Agreement with respect to the following: (w) death or personal injury resulting from negligence, (x) fraud or fraudulent misrepresentation, (y) infringement of the other party’s Intellectual Property Rights, or (z) matters for which liability cannot be excluded or limited under applicable law. For the purposes of the Wiz Data Processing Addendum, Wiz Preview Features will be deemed to be "Services".
3. Benchmarking. Customer may itself (but may not permit a third party to) conduct benchmark tests of the Wiz Services (each a ”Test”). Customer may only publicly disclose the results of such Tests if it (a) obtains Google's prior written consent, (b) provides Google all necessary information to replicate the Tests, and (c) allows Google to conduct benchmark tests of Customer's publicly available products or services and publicly disclose the results of such tests. Notwithstanding the foregoing, Customer may not do either of the following on behalf of a hyperscale public cloud provider without Google's prior written consent: (i) conduct (directly or through a third party) any Test of the Wiz Services, or (ii) disclose the results of any such Test.
4. Evaluations. If Customer is using the Wiz Services for a free trial, proof of concept, evaluation, one-time assessment, or other similar purpose (“Evaluation”), the Evaluation is granted for a limited period of twenty-one (21) days, unless Google agrees to an extension and in each case solely for the purpose of evaluating and testing the Wiz Services to determine whether to purchase a subscription for Customer’s internal use. Google may terminate Customer’s access to and use of any Evaluation at any time. Evaluations are provided “as is” without guaranteed support levels, indemnification, or warranty of any kind, whether express, implied, statutory, or otherwise.
5. Customer Integrations.
a. Generally. The Wiz Services may provide Customer with the ability to integrate certain functionalities of the Wiz Services with applications or services separately provided to Customer by third parties (“Third Party Services”) via API integrations (“Third Party Integrations”); examples include ticketing and messaging applications, SIEM or SOAR tools, and security data management tools. Customer’s use of any Third Party Services or Third Party Integrations is optional and Customer will be required to take the steps set forth in the applicable Documentation to enable a Third Party Integration.
b. Relevant Terms and Customer Data Access. Customer acknowledges and agrees that: (a) the use of Third Party Services is subject to the separate agreement between Customer and each such Third Party Service provider; and (b) to the extent required for interoperation of the Wiz Services with the Third Party Services (i) Google may access Customer's Third Party Service account and/or the Third Party Service provider may access Customer's Account, and (ii) Customer Data may be transferred between Google and the Third Party Service provider. To the extent the Third Party Service provider is authorized to access Customer’s Account under this subsection, Customer instructs Google to allow that provider to access Customer Data as required for interoperation of the Wiz Services with the Third Party Services, including to copy Customer Data into or out of the Wiz Services. For clarity, providers of Third Party Services are not Sub-Processors (as defined in the Wiz Data Processing Addendum).
c. Availability. Since Google is not the provider of Third Party Services, Google cannot guarantee their continued availability (or the availability of the applicable Third Party Integration) and may cease supporting them at any time, including if the relevant third party ceases to make its application or service available for integration with the Wiz Services or changes the way it does so in a way that is not reasonably acceptable to Google.
d. Disclaimers. The manner in which Third Party Services transmit, use, store, and disclose Customer Data is governed solely by the agreement between Customer and the relevant Third Party Service provider. To the extent permitted under applicable law, Google will have no liability or responsibility for:
(i) Customer’s use of a Third Party Service, including any damage or loss caused or alleged to be caused by or in connection with use of or reliance on such Third Party Service; any Third Party Integrations; any actions that Customer authorizes Google to take with respect to Third Party Services; or any access to or use of Customer Data by a Third Party Service provider;
(ii) the privacy practices or other acts or omissions of any Third Party Service provider; or
(iii) the accuracy, availability, or reliability of any data, information, content, services, advice, or statements made available in connection with such Third Party Service.
e. Customer Representation and Warranty. Customer represents and warrants that nothing in the Agreement, or Customer’s use of Wiz Services, will violate any agreement with a third party or terms to which Customer is subject.
6. Data.
a. Improvements. To respond to the evolving threat landscape and provide current and state-of-the-art cybersecurity, as part of providing the Wiz Services Google processes Customer Data to improve the security, threat detection, prevention, and response capabilities of Google security services.
b. Customer Data Responsibility and Deletion. Customer has exclusive control and responsibility for determining what Customer Data it and its End Users submit into the Wiz Services. Google will delete all Customer Data after termination or expiration of the Agreement, provided that Google may retain Customer Data (a) stored in backups for a limited period of time in accordance with its industry standard customer deletion and backup policy, or (b) as otherwise required by applicable law, and in either case, any Customer Data so retained will remain subject to the confidentiality, privacy, and security obligations in this Agreement.
7. Generative AI Features.
a. Disclaimer. Generative AI Features use emerging technology, may provide inaccurate or offensive output, and are not designed for or intended to meet Customer’s regulatory, legal, or other obligations. Customer acknowledges that a Generative AI Feature may, in some scenarios, produce the same or similar output for multiple customers.
b. Training Restriction. Google will not use Customer Data to train or fine-tune any generative AI/ML models without Customer's prior permission or instruction. Notwithstanding the preceding sentence, Google may use Customer Data to train Customer tenant-specific AI models to provide customized findings and recommendations to Customer solely for Customer’s benefit. Any such internal models trained on Customer Data will be logically segregated with usage restricted to the Customer's tenant and deleted after termination or expiration of the Wiz Services, consistent with other Customer Data.
c. Prohibited Use Policy. For the purposes of Generative AI Features, the Prohibited Use Policy located at https://policies.google.com/terms/generative-ai/use-policy, as may be updated from time to time, is incorporated into the AUP.
d. Competitive Use. Customer will not, and will not allow End Users to, use the Generative AI Features or output to develop a similar or competing product or service. Google may immediately suspend or terminate Customer's use of any Generative AI Feature based on any suspected violation of the preceding sentence.
e. Model Restrictions. Customer will not, and will not allow End Users to, use output from Generative AI Features to: (i) substitute, replace, or circumvent the use of a Google Model, directly or indirectly, or (ii) create or improve models similar to a Google Model.
f. No Reverse Engineering. Customer will not, and will not allow End Users to, reverse engineer or extract any components of Generative AI Features, Software, or its models (such as using prompts to discover training data). Google may immediately suspend or terminate Customer's use of any Generative AI Features based on any suspected violation of the preceding sentence.
g. Age Restrictions. Customer will not, and will not allow End Users to, use a Generative AI Feature as part of a website or other online service that is directed towards or is likely to be accessed by individuals under the age of 18.
h. Healthcare Restrictions. Customer will not, and will not allow End Users to, use the Generative AI Features for clinical purposes (for clarity, non-clinical research, scheduling, or other administrative tasks is not restricted), as a substitute for professional medical advice, or in any manner that is overseen by or requires clearance or approval from any applicable regulatory authority.
i. Suspected Violations. Google may immediately suspend or terminate Customer’s use of a Generative AI Feature based on any suspected violation of subsections (c) or (d) above.
j. Restrictions. The restrictions contained in subsections (g) and (h) above are deemed to be “Restrictions” or “Use Restrictions” under the applicable Agreement.
k. Agentic AI Services.
(i) Customer is solely responsible for: (a) the actions and tasks performed by an Agentic AI Service or AI Agent; (b) determining whether the use of an Agentic AI Service or AI Agent is fit for its use case; (c) authorizing an Agentic AI Service or AI Agent’s access and connection to data, applications, and systems; and (d) exercising judgment and supervision when and if an Agentic AI Service or AI Agent is used in production environments to avoid any potential harm the Agentic AI Service or AI Agent may cause.
(ii) The actions or tasks that an AI Agent performs are not generated output.
8. Wiz for Government.
a. Generally. To address the needs of United States (“U.S.”) Federal, State, Local and Tribal Governments, along with those of regulated entities that have a requirement to meet U.S. Federal Government cybersecurity standards, Google makes available certain offerings hosted in the Wiz for U.S. Government public cloud environment. To the extent there is any conflict between this Section 8 regarding Wiz for Government and the Agreement, and solely as to services or products hosted in the Wiz for U.S. Government environment, these Service Terms will prevail. Additionally, any terms and conditions of the Agreement related to security of the Services will not apply to services or products hosted in the Wiz for U.S. Government environment, the security of which is exclusively addressed in Google’s FedRAMP documentation.
b. Authorization. The Wiz for U.S. Government environment has been granted an agency-level FedRAMP High Authority to Operate (“ATO”) and is recognized by the FedRAMP Program Management Office as FedRAMP High Authorized. Google has established and will maintain the controls as detailed in the FedRAMP documentation describing the Wiz for U.S. Government environment and supporting its agency-level FedRAMP High ATO. Customer may request Google’s current FedRAMP documentation describing the Wiz for U.S. Government environment or the most recent 3PAO assessment from Google or the FedRAMP Program Management Office. The Google FedRAMP documentation will be treated as Confidential Information under the Agreement.
c. Customer Responsibility. Customers are responsible for complying with relevant FedRAMP requirements when using Wiz Services, including applicable customer requirements set forth in Google’s FedRAMP documentation. Customer may not use any Wiz Services to store or process classified information, nor provide any classified information to Google. Customer will be responsible for all sanitization costs incurred by Google or third parties if Customer introduces such data into the Wiz for U.S. Government environment or any other Google system.
9. Additional Definitions.
“Agentic AI Services” means agentic artificial intelligence features or functionality of the Wiz Services.
“AI Agents” are goal-oriented AI systems or workflows that perform actions or tasks on behalf of Customer in a supervised or autonomous manner that Customer may create, orchestrate, or initiate within an Agentic AI Service.
“Documentation” means user manuals and documentation available within Wiz Services.
“Generative AI Feature(s)” means any generative AI feature of a Wiz Service.
“Google Model” means a model trained by Google and not released as an open model under an open source or other license.
