Update Gmail Terms of Service

This version was recorded after filtering snapshot OpenTermsArchive/contrib-snapshots@ad50e7c1c82d

Author: OTA-Bot

Gmail/Terms of Service.md

@@ -6,7 +6,7 @@ What’s covered in these terms
 
 ### We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use Google [services](https://policies.google.com/terms?hl=en-GB#footnote-services), and what we expect from you.
 
-These Terms of Service reflect [the way that Google’s business works](https://about.google/intl/en-GB_FR/how-our-business-works), the laws that apply to our company, and [certain things that we’ve always believed to be true](https://www.google.com/about/philosophy.html?hl=en_GB). As a result, these Terms of Service help define Google’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
+These Terms of Service reflect [the way that Google’s business works](https://about.google/intl/en-GB_RO/how-our-business-works), the laws that apply to our company, and [certain things that we’ve always believed to be true](https://www.google.com/about/philosophy.html?hl=en_GB). As a result, these Terms of Service help define Google’s relationship with you as you interact with our services. For example, these terms include the following topic headings:
 
 *   [What you can expect from us](https://policies.google.com/terms?hl=en-GB#toc-what-you-expect), which describes how we provide and develop our services
 *   [What we expect from you](https://policies.google.com/terms?hl=en-GB#toc-what-we-expect), which establishes certain rules for using our services
@@ -41,7 +41,7 @@ Some Google services have additional age requirements as described in their [ser
 Your relationship with Google
 =============================
 
-These terms help define the relationship between you and Google. Broadly speaking, we give you permission to use our [services](https://policies.google.com/terms?hl=en-GB#footnote-services) if you agree to follow these terms, which reflect [how Google’s business works and how we earn money](https://about.google/intl/en-GB_FR/how-our-business-works). When we speak of 'Google', 'we', 'us' and 'our', we mean Google Ireland Limited and its [affiliates](https://policies.google.com/terms?hl=en-GB#footnote-affiliates).
+These terms help define the relationship between you and Google. Broadly speaking, we give you permission to use our [services](https://policies.google.com/terms?hl=en-GB#footnote-services) if you agree to follow these terms, which reflect [how Google’s business works and how we earn money](https://about.google/intl/en-GB_RO/how-our-business-works). When we speak of 'Google', 'we', 'us' and 'our', we mean Google Ireland Limited and its [affiliates](https://policies.google.com/terms?hl=en-GB#footnote-affiliates).
 
 What you can expect from us
 ---------------------------
@@ -75,8 +75,6 @@ The permission that we give you to use our [services](https://policies.google.co
 *   **these terms**
 *   **[service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB)**, which could, for example, include things like additional age requirements
 
-You can view, copy and store these terms in [PDF format](https://www.gstatic.com/policies/terms/pdf/20200331/ba461e2f/google_terms_of_service_en-GB_fr.pdf). You can accept these terms and any [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB) when you’re signed in to your Google Account.
-
 We also make various policies, Help Centres and other resources available to you to answer common questions and to set expectations about using our services. These resources include our [Privacy Policy](https://policies.google.com/privacy?hl=en-GB), [Copyright Help Centre](https://support.google.com/legal/topic/4558877?hl=en_GB), [Safety Centre](https://safety.google/?hl=en_GB) and other pages accessible from our [policies site](https://policies.google.com/?hl=en-GB).
 
 Although we give you permission to use our services, we retain any [intellectual property rights](https://policies.google.com/terms?hl=en-GB#footnote-intellectual-property-rights) that we have in the services.
@@ -99,17 +97,17 @@ Some of our services are designed to let you upload, submit, store, send, receiv
 Licence
 -------
 
-[Your content](https://policies.google.com/terms?hl=en-GB#footnote-intellectual-property-rights) may be protected by [intellectual property rights](https://policies.google.com/terms?hl=en-GB#footnote-intellectual-property-rights) and ['droits immatériel'](https://policies.google.com/terms?hl=en-GB#footnote-immaterial-rights). For example, you have intellectual property rights in the creative content that you make, such as reviews that you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission. In addition, you have 'droits immatériel' that give you control over things like your image, even if the photo that contains your image doesn’t belong to you.
+[Your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) remains yours, which means that you retain any [intellectual property rights](https://policies.google.com/terms?hl=en-GB#footnote-intellectual-property-rights) that you have in your content. For example, you have intellectual property rights in the creative content that you make, such as reviews that you write. Or you may have the right to share someone else’s creative content if they’ve given you their permission.
 
-Through this licence, you provide Google with permission to use your intellectual property rights in your content (such as [copyright](https://policies.google.com/terms?hl=en-GB#footnote-copyright) and [trademark](https://policies.google.com/terms?hl=en-GB#footnote-trademark)) and any 'droits immatériel' in your content (such as image rights).
+We need your permission if your intellectual property rights restrict our use of your content. You provide Google with that permission through this licence.
 
 ### What's covered
 
-This licence covers [your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) if that content is protected by intellectual property rights or 'droits immatériel'.
+This licence covers [your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) if that content is protected by intellectual property rights.
 
 ### What’s not covered
 
-*   This licence doesn’t affect your privacy rights – it’s only about your intellectual property rights and 'droits immatériel'
+*   This licence doesn’t affect your data protection rights – it’s only about your intellectual property rights
 *   This licence doesn’t cover these types of content:
     *   publicly available, factual information that you provide, such as corrections to the address of a local business. That information doesn’t require a licence because it’s considered common knowledge that everyone’s free to use.
     *   feedback that you offer, such as suggestions to improve our services. Feedback is covered in the _[Service-related communications](https://policies.google.com/terms?hl=en-GB#toc-service-related-comm)_ section below.
@@ -141,12 +139,13 @@ This licence is for the limited purpose of:
 *   **operating and improving the services**, which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyse your content:
     *   for spam, malware and illegal content
     *   to recognise patterns in data, such as determining when to suggest a new album in Google Photos to keep related photos together
-    *   to customise our services for you, such as providing recommendations and personalised search results, content and ads (which you can change or turn off in [Ads Settings](https://adssettings.google.com/?hl=en_GB))This analysis occurs as your content (as well as other content in our systems) is sent, received and when it is stored.
+    *   to customise our services for you, such as providing recommendations and personalised search results, content and ads (which you can change or turn off in [Ads Settings](https://adssettings.google.com/?hl=en_GB))This analysis occurs as the content is sent, received and when it is stored.
 *   **using content that you’ve shared publicly to promote the services**. For example, to promote a Google app, we might quote a review that you wrote. Or to promote Google Play, we might show a screenshot of the app that you offer in the Play Store.
+*   **developing new technologies and services** for Google consistent with these terms
 
 ### Duration
 
-This licence lasts for as long as your content is protected by intellectual property rights or 'droits immatériel'.
+This licence lasts for as long as your content is protected by intellectual property rights.
 
 If you remove from our services any content that’s covered by this licence, our systems will stop making that content publicly available in a reasonable amount of time. There are two exceptions:
 
@@ -227,10 +226,15 @@ In case of problems or disagreements
 
 By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don't limit or take away any of those rights. For example, if you're a [consumer](https://policies.google.com/terms?hl=en-GB#footnote-consumer), then you continue to enjoy all legal rights granted to consumers under applicable law.
 
+Warranty
+--------
+
+We provide our [services](https://policies.google.com/terms?hl=en-GB#footnote-services) using reasonable skill and care. If we don’t meet the quality level described in this [warranty](https://policies.google.com/terms?hl=en-GB#footnote-warranty), you agree to tell us and we’ll work with you to try to resolve the issue.
+
 Disclaimers
 -----------
 
-The only commitments that we make about our [services](https://policies.google.com/terms?hl=en-GB#footnote-services) (including the content in the services, the specific functions of our services, or their reliability, availability or ability to meet your needs) are (1) stated in the [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB) or (2) provided under applicable laws. We don’t make any other commitments about our services.
+The only commitments that we make about our [services](https://policies.google.com/terms?hl=en-GB#footnote-services) (including the content in the services, the specific functions of our services or their reliability, availability or ability to meet your needs) are (1) described in the _[Warranty](https://policies.google.com/terms?hl=en-GB#toc-warranty)_ section, (2) stated in the [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB) or (3) provided under applicable laws. We don’t make any other commitments about our services.
 
 Liabilities
 -----------
@@ -250,6 +254,7 @@ If you’re a [business user](https://policies.google.com/terms?hl=en-GB#footnot
 
 *   loss of profits, revenues, business opportunities, goodwill or anticipated savings
 *   indirect or consequential loss
+*   punitive damages
 
 *   Google’s total liability arising out of or relating to these terms is limited to the greater of (1) €500 or (2) 125% of the fees that you paid to use the relevant services in the 12 months before the breach
 
@@ -258,7 +263,7 @@ If you’re legally exempt from certain responsibilities, including [indemnifica
 Taking action in case of problems
 ---------------------------------
 
-Before taking action as described below, we’ll provide you with advanced notice when reasonably possible, describe the reason for our action, and give you an opportunity to fix the problem, unless there are objective and concrete reasons to believe that doing so would:
+Before taking action as described below, we’ll provide you with advance notice when reasonably possible, describe the reason for our action and give you an opportunity to fix the problem, unless we reasonably believe that doing so would:
 
 *   cause harm or [liability](https://policies.google.com/terms?hl=en-GB#footnote-liability) to a user, third party or Google
 *   violate the law or a legal enforcement authority’s order
@@ -267,15 +272,15 @@ Before taking action as described below, we’ll provide you with advanced notic
 
 ### Removing your content
 
-If there are objective and concrete reasons to believe that any of [your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) (1) breaches these terms, [service-specific additional terms or policies](https://policies.google.com/terms/service-specific?hl=en-GB), (2) violates applicable law, or (3) could harm our users, third parties or Google, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include notably child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s [intellectual property rights](https://policies.google.com/terms?hl=en-GB#footnote-intellectual-property-rights).
+If we reasonably believe that any of [your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) (1) breaches these terms, [service-specific additional terms or policies](https://policies.google.com/terms/service-specific?hl=en-GB), (2) violates applicable law, or (3) could harm our users, third parties or Google, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography, content that facilitates human trafficking or harassment, and content that infringes someone else’s [intellectual property rights](https://policies.google.com/terms?hl=en-GB#footnote-intellectual-property-rights).
 
 ### Suspending or terminating your access to Google services
 
 Google reserves the right to suspend or terminate your access to the services or delete your Google Account if any of these things happen:
 
 *   you materially or repeatedly breach these terms, [service-specific additional terms or policies](https://policies.google.com/terms/service-specific?hl=en-GB)
 *   we’re required to do so to comply with a legal requirement or a court order
-*   there are objective and concrete reasons to believe that your conduct causes harm or [liability](https://policies.google.com/terms?hl=en-GB#footnote-liability) to a user, third party or Google – for example, by hacking, phishing, harassing, spamming, misleading others or scraping content that doesn’t belong to you
+*   we reasonably believe that your conduct causes harm or [liability](https://policies.google.com/terms?hl=en-GB#footnote-liability) to a user, third party or Google – for example, by hacking, phishing, harassing, spamming, misleading others or scraping content that doesn’t belong to you
 
 If you believe that your Google Account has been suspended or terminated in error, [you can appeal](https://support.google.com/accounts/answer/40695?hl=en_GB).
 
@@ -300,19 +305,21 @@ About these terms
 
 By law, you have certain rights that can’t be limited by a contract like these Terms of Service. These terms are in no way intended to restrict those rights.
 
+These terms describe the relationship between you and Google. They don’t create any legal rights for other people or [organisations](https://policies.google.com/terms?hl=en-GB#footnote-organization), even if others benefit from that relationship under these terms.
+
 We want to make these terms easy to understand, so we’ve used examples from our [services](https://policies.google.com/terms?hl=en-GB#footnote-services). But not all the services mentioned may be available in your country.
 
+If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
+
+If you don’t follow these terms or the [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB), and we don’t take action right away, that doesn’t mean we’re giving up any rights that we may have, such as taking action in the future.
+
 We may update these terms and [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB) (1) to reflect changes in our services or how we do business – for example, when we add new services, features, technologies, pricing or benefits (or remove old ones), (2) for legal, regulatory or security reasons or (3) to prevent abuse or harm.
 
-If we update these terms or [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB), we’ll provide you with reasonable advance notice (by email or other appropriate means) and the opportunity to review and accept substantial changes, except (1) when the changes address a newly-launched product feature or service, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove [your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) and stop using the services. You can also end your relationship with us at any time by closing your Google Account.
+If we materially change these terms or [service-specific additional terms](https://policies.google.com/terms/service-specific?hl=en-GB), we'll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don't agree to the new terms, you should remove [your content](https://policies.google.com/terms?hl=en-GB#footnote-your-content) and stop using the services. You can also end your relationship with us at any time by closing your Google Account.
 
 Definitions
 ===========
 
-### “droits immatériel”
-
-As protected by French law, rights other than intellectual property rights and data protection rights related to your content, such as your right to authorise the use of your own image in photos or videos, even if the photo or video doesn’t belong to you.
-
 ### affiliate
 
 An entity that belongs to the Google group of companies, which means Google LLC and its subsidiaries, including the following companies that provide consumer services in the EU: Google Ireland Limited, Google Commerce Ltd and Google Dialer Inc.
@@ -366,14 +373,18 @@ Google services that are subject to these terms are the products and services li
 
 Symbols, names and images used in commerce that are capable of distinguishing the goods or services of one individual or organisation from those of another.
 
+### warranty
+
+An assurance that a product or service will perform to a certain standard.
+
 ### your content
 
-Things that you write, upload, submit, store, send or share with Google using our services, such as:
+Things that you write, upload, submit, store, send, receive or share with Google using our services, such as:
 
 *   Docs, Sheets and Slides that you create
 *   blog posts that you upload through Blogger
 *   reviews that you submit via Maps
 *   videos that you store in Drive
-*   emails that you send via Gmail
+*   emails that you send and receive through Gmail
 *   pictures that you share with friends via Photos
 *   travel itineraries that you share with Google