Google Ad Manager API Terms of Service

This Google Ad Manager (“GAM”) API Terms of Service (“ToS”) governs Google's provision of and Company’s and/or Developer’s access to and use of the GAM API and the GAM API Client (respectively, defined below). By accessing or Using the GAM API and/or GAM API Client, Company and/or Developer (“User”) agrees to be bound by the ToS. Company may also be bound by either (a) the Google Ad Manager Small Business Order Form (or GAM Small Business and AdX Order Form) by and between Google and Company (including any terms incorporated in all links therein), as amended from time to time, (b) Google Ad Manager 360 Order Form (or GAM Premium and AdX Services Order Form), by and between Google and Company (including any terms incorporated in all links therein), (c) or a similar agreement for the Google Ad Manager service by and between Google and Company (including any terms incorporated in all links therein), as amended from time to time, whichever of the foregoing are in effect as of the date of entry into this ToS (the “Agreement”). Capitalized terms not defined in this ToS have the meanings given to those terms in the Agreement. Any use of the term “including” in the ToS will mean “including, but not limited to.”

The GAM API and GAM API Specifications are, as applicable, the intellectual property and proprietary information of Google or its Affiliates. A User’s right to use, copy and to retain a copy of the GAM API and GAM API Specifications and its Using the GAM API is contingent on User’s full compliance with this ToS (including any Google policies with respect to such use, copy and retention).

1. Definitions.
   1. “Access Credentials” means usernames, passwords, authorization tokens and other credentials that enable access to or use of the GAM API and/or GAM API Client.
   2. “Affiliate” means, with respect to a party, an entity that directly or indirectly controls, is controlled by or is under common control with such party.
   3. “Authorized Third Party” means an advertiser, network publisher or other third party, if any, (i) on whose behalf Company utilizes the GAM API and/or GAM API Client or (ii) who utilizes the GAM API and/or GAM API Client on behalf of Company through Company’s GAM account.
   4. “Company” means the legal entity acting as owner of record of a Google Ad Manager account attained via entry into an Agreement.
   5. “Confidential Information” means information disclosed by one party to the other party under this ToS that is marked as confidential or would normally be considered confidential (e.g., product or business plans). It does not include information that is independently developed by the recipient, is lawfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.
   6. “Developer” means either (i) a “Non-Hired Developer” which is an entity party to this ToS without an Agreement and is not currently a Subcontractor of Company or (ii) a “Hired Developer” which is an entity party to this ToS without an Agreement and is a Subcontractor of Company and provided with access to Company’s Google Ad Manager account from Company for purposes of developing a GAM API Client for use by Company (for clarity, a Non-Hired Developer could become a Hired Developer (and vice versa)).
   7. “GAM API” means the Google Ad Manager Application Program Interface.
   8. “GAM API Client” means any software approved by Google that can access or communicate with Google’s servers through Using of the GAM API or GAM API Specifications (each as defined below).
   9. “GAM API Data” means any data or content obtained from Google through Using of the GAM API.
   10. “GAM API Specifications” means all information and documentation Google provides specifying or concerning the protocols and any Google-supplied implementations or methods of use of the GAM API.
   11. “Google” means Google LLC or its Affiliates.
   12. “Subcontractor” means, with respect to a party, a subcontractor, consultant, third-party service provider or agent engaged by either party (or an Authorized Third Party of such party) in connection with its use or provision of the GAM API and/or the GAM API Client.
   13. “Using of the GAM API” means (i) the use of the GAM API Specifications to (a) access Google servers through the GAM API, (b) send information to GAM using a GAM API Client, or (c) receive information from Google in response to GAM API calls, and/or (ii) the distribution or development of a GAM API Client.
2. GAM API Use Rights and Obligations.
   1. Google. Google will provide to User access to the GAM API and GAM API Client in accordance with the terms and conditions of this ToS.
   2. Company. Company (including any Hired Developers) may use the GAM API to access Google servers only in accordance with the terms and conditions of the ToS and only with its own Access Credentials. Company and/or Developer may use the GAM API and GAM API Specifications to develop and distribute a GAM API Client to Company in accordance with the terms and conditions of the ToS. Company will be solely responsible for any use of the GAM API and GAM API Client hereunder. Company will not access the GAM API using a GAM API Client that is not in full compliance with the ToS. Any and all GAM API Client(s) (and its development and distribution) will fully comply with the ToS at all times. Company represents and warrants that it is authorized to act on behalf of its Authorized Third Party(ies).
   3. Access and Use Restrictions.
      1. Subject to the exceptions set forth in subsections (ii)-(iv) below, User will ensure that a GAM API Client will not enable or allow any third party to access or use: (a) any GAM account, Access Credentials, GAM API Data, or any other information of another party; (b) any data obtained through Automated Information Access (as defined in Section 13(L) below), or (c) any GAM API Specifications.
      2. Notwithstanding anything to the contrary in the ToS, GAM API Clients may only use or transfer GAM API Data (a) as expressly permitted by the ToS, or (b) in the case of a disclosure of GAM account information, to that Company.
      3. GAM API Clients may transfer GAM API Data they collect to a database exclusively accessible and controlled by the party whose Access Credentials were used to obtain that data. GAM API Data in such database may only be accessed: (a) by GAM API Clients in full compliance with the ToS, (b) by intermediary tools whose sole purpose is to analyze data for or supply data to a GAM API Client in full compliance with the ToS, or (c) by reporting tools to produce reports only for the Company of the GAM account from which GAM API Data was received. Such databases will be fully secure at all times and, unless owned and operated by Company, each owner and operator of all such intermediary and reporting tools acting on Company’s behalf will be under a written duty of confidentiality no less strict than Company’s duty of confidentiality required under the ToS.
      4. Company will not provide any third party, other than its (a) Affiliates (excluding Affiliates that enter into an Affiliate Adopting Agreement) or (b) Subcontractors that Company engages to use the GAM services as contemplated hereunder, with access to the GAM API or GAM API Client. Developer will not provide any third party, other than its Subcontractors with access to the GAM API or GAM API Client.
      5. Company acknowledges and agrees that any use of the GAM API or GAM API Client by Company or an Authorized Third Party must comply with the Agreement (including any policies incorporated therein).
      6. User will not, and will ensure that its Subcontractors and Affiliates do not, share Access Credentials with any third party.
   4. Aggregate Information. Unless approved by Google in writing, User will not disclose to any third party any aggregate service statistics related to GAM.
   5. Data Protection and Personally Identifiable Information.
      1. To the extent required by data protection laws applicable to the parties' processing of personal data under this ToS, the parties agree to comply with the data protection terms set forth at the following link: https://business.safety.google/adscontrollerterms/ (as updated from time to time).
      2. User agrees to comply with the European Union user consent policy set forth at the following link: https://www.google.com/about/company/user-consent-policy/ (as updated from time to time).
      3. If User uses a Processor Service (defined below), then Google and User agree to the terms at https://business.safety.google/adsprocessorterms/ (as updated from time to time) (the “Processor Terms”) with respect to User’s use of such Processor Service. “Processor Services” have the meaning given in the Processor Terms.
      4. User will ensure that the GAM API Client(s) will not collect personally identifiable information of any party. User will not, and will not assist or knowingly permit any third party to, pass information to Google that Google could use or recognize as personally identifiable information.
   6. Company and Authorized Third Party Privacy Policies. Company will ensure that each of its web sites contains, and will advise in writing each of its Authorized Third Party(ies) that each of their Target Properties utilizing the GAM API and/or GAM API Client is required to contain, a privacy policy that (i) discloses (A) the usage of third-party technology and (B) the data collection and usage resulting from the GAM API and/or GAM API Client (it being understood that this clause will not be deemed to require those privacy policies to expressly identify Google or the GAM API and/or the GAM API Client, unless otherwise required by law, rule or regulation), and (ii) ensure that each of its Authorized Third Party’s Target Properties utilizing a GAM API Client contains a privacy policy that discloses (y) the usage of third-party technology, and (z) the data collection and usage resulting from the Services, provided that those privacy policies need not expressly identify Google or the GAM API Client, unless otherwise required by law, rule or regulation, and advise its Authorized Third Party(ies) in writing that each of their web sites must comply with the foregoing.
   7. Most Current API. Google may release a new version of the GAM API (each, a "Current GAM API Version"). For all GAM API Clients, including those applications that are not web-based, Company will (i) only use the most recent Current GAM API Version and (ii) update all GAM API Clients, including those applications that are not web-based, to use the most recent Current GAM API Version promptly within 12 months following the release of such Current GAM API Version by Google. In the event that Google releases a new version of the GAM API, Google may cease supporting all non-Current GAM API Versions that were released more than 12 months prior to the release of the Current GAM API Version.
   8. Minimum Functionality. At a minimum, all GAM API Clients will provide functionality that enables Company to use such API Client with any of Company’s Google Ad Manager networks.
   9. Security. User will use all reasonable efforts to, and each GAM API Client will have adequate protections in order to keep secure and prevent the interception of all GAM API Data (if applicable), Access Credentials, and GAM API Specifications. All such information will be kept secure at all times in a secure environment according to the highest security standards. User will use all reasonable efforts to protect user information collected by the GAM API Client (if applicable) from unauthorized access or use.
   10. Open Source Software. Some of the software required by or included in the GAM API may be offered under an open source license. Open source software licenses constitute separate written agreements. In certain instances, open source software is listed in the documentation. To the limited extent the open source software license terms differ from ToS, the open source license instead sets forth Company’s and/or Developer’s agreement with Google for the applicable open source software.
   11. Usage and Quotas. Google may, in its sole discretion, set a quota of operations on User’s GAM API usage. User will not attempt to exceed automated use-quota restrictions. User will not attempt to aggregate its use or representation of GAM accounts primarily for the purpose of manipulating its GAM API use-quotas. Google will provide User with guidelines, recommendations and/or best practices in connection with its use of the GAM API, including at the following URL (or such other URL as provided by Google): https://developers.google.com/ad-manager/api/troubleshooting#QuotaError.EXCEEDED_QUOTA (as updated from time to time).
3. Data. Google may use and disclose data derived from Company’s use of the GAM API and/or the GAM API Client (i) in accordance with the Agreement, (ii) in connection with providing, the GAM API and/or the GAM API Client (e.g., for optimization, troubleshooting and product improvement purposes) and enforcing its rights under this ToS and (iii) when required by law after giving reasonable notice to the other party, if permitted by law.
4. No Guaranteed Access. Google may suspend or terminate Company’s access to the GAM API, or change any or all of the GAM API, protocols or methods of access to the GAM API or the GAM API Specifications for any or no reason at any time and will bear no liability for such decision. Google will use commercially reasonable efforts to provide Company notice prior to suspending or terminating Company’s access to the GAM API. User is solely responsible at all times to backup its data and to be prepared to manage its account(s) (if applicable) without access to the GAM API. GOOGLE DOES NOT REPRESENT OR WARRANT, AND SPECIFICALLY DISCLAIMS, THAT THE GAM API WILL BE AVAILABLE WITHOUT INTERRUPTION.
5. Google Monitoring. User acknowledges that Google may monitor any GAM API activity for relevant purposes, including ensuring quality, improving Google products and services, and compliance with the terms of this ToS. User and/or any GAM API Client will not, and will not attempt to, interfere with such monitoring or otherwise obscure from Google GAM API activity. Google may use any technical means to overcome such interference, including, without limitation, suspending or terminating access to the GAM API by any GAM API Client. However, Google is not responsible for monitoring or policing any dispute related to User’s use of any Google services (including, without limitation, the Google APIs) that may arise between User and any other third party.
6. Publicity. Company may not issue any public announcement regarding the existence or content of the ToS without Google's prior review and written approval, in Google's sole discretion.
7. Representations and Warranties. Each party represents and warrants to the other party that it has all necessary rights and authority to enter into the ToS and to perform its obligations hereunder. User further represents and warrants that it will not violate any agreement it has with a third party by entering into the ToS.
8. Software Principles. User’s development and distribution of any software application that accesses Google, including, without limitation, User’s development or distribution of any GAM API Client, will at all times comply with the software principles set forth at https://www.google.com/about/software-principles.html (as updated from time to time).
9. Compliance with Laws. User is responsible for complying with all applicable laws, including privacy and export laws, rules, regulations and sanctions programs in connection with the exercise of its rights, and the performance of its obligations hereunder. User will not use the GAM API and/or any GAM API Client in a manner that one would reasonably consider, deceptive, unethical, false or misleading. User will not cause Google to violate export control or sanctions laws and regulations.
10. No Implied Rights. Other than expressly granted herein, the ToS does not grant either party any intellectual property or other proprietary rights. User hereby releases and covenants not to sue Google and its Affiliates and any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments, and claims (a) pertaining to any intellectual property User develops that is based on, uses, or relates to the GAM API, and (b) which otherwise may arise in connection with User’s use of, reliance on, or reference to the GAM API. Google retains all intellectual property rights (including all patent, trademark, copyright, and other proprietary rights) in and to GAM API Specifications, all Google websites and all Google services and any derivative works in connection therewith. All license rights granted herein are not sublicenseable, transferable or assignable unless otherwise stated herein.
11. Non-exclusive. The ToS is a non-exclusive agreement. User acknowledges that Google may be developing and may develop products or services that may compete with the GAM API, GAM API Clients or any other products or services.
12. Confidentiality.
    1. Generally. The receiving party will not disclose the Confidential Information of the disclosing party, except to Affiliates, employees, agents or professional advisors of the receiving party who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The receiving party will ensure that those people and entities use the Confidential Information of the disclosing party only to exercise rights and fulfill obligations under the Agreement, and that they keep it confidential.
    2. API Materials. Notwithstanding anything to the contrary herein, User will not disclose all or part of any GAM API Specification to any third party except Subcontractors using such information solely on User’s behalf solely in accordance with the ToS and under a written duty of confidentiality no less strict than User’s duty of confidentiality required under the ToS. User is responsible for any and all use and disclosure of the GAM API, GAM API Client, and GAM API Specifications, as applicable.
13. Prohibited Acts. User will not, and will ensure that its Subcontractors do not:
    1. Create an API or API client that functions substantially the same as the GAM API and offer it for use by third parties.
    2. Perform an action with the intent of introducing to Google products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
    3. Defame, abuse, harass, stalk, or threaten others.
    4. Interfere with or disrupt the GAM API or the servers or networks providing the GAM API.
    5. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
    6. Reverse engineer or attempt to extract the source code from the GAM API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
    7. Use the GAM API for any activities where the use or failure of the GAM API could lead to death, personal injury, or environmental damage.
    8. Use the GAM API to process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State.
    9. Remove, obscure, or alter any Google terms of service or any links to or notices of those terms.
    10. Damage, tamper with or misappropriate any part of the GAM API and/or the GAM API Client.
    11. Knowingly breach any Google security measure.
    12. Except as expressly permitted by Google under a separate Google product or service feature, (i) use any automated means (e.g., scraping and robots) other than the GAM API to access, query or otherwise collect Google-related information from Google relating to the GAM service or any website owned or operated by Google or a site that displays Google advertising (collectively, "Automated Information Access") or (ii) enable or otherwise permit any Automated Information Access.
14. Indemnification. User will indemnify, defend and hold Google, its agents, suppliers, Affiliates, and licensors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding (any and all of which are "Claims") arising out of or related to any act or omission by User in Using the GAM API, or relating to the development, operation, maintenance, use and contents of a GAM API Client, including, but not limited to, any infringement of any third-party proprietary rights. At Google's option, User will assume control of the defense and settlement of any Claim subject to indemnification by User (provided that, in such event, Google may at any time thereafter elect to take over control of the defense and settlement of any such Claim, and in any event, User will not settle any such Claim without Google's prior written consent).
15. Disclaimers and Limitation of Liability.

    GOOGLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. GOOGLE SHALL NOT BE RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY CHANGES MADE TO THE GAM API IMPLEMENTATION CREATED BY THE GAM API CLIENT AND PROVIDES THE GAM API AS IS. GOOGLE SHALL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, UNDER THIS TOS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE FOREGOING IS NOT ENFORCEABLE, GOOGLE’S AGGREGATE LIABILITY UNDER THIS TOS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Termination. If User violates all or part of the ToS, User’s access to the GAM API may be suspended or terminated, and any licenses to User contained in this ToS will automatically terminate, without notice. Google reserves the right to (i) terminate the ToS and/or User’s access to the GAM API (if applicable) or any portion or feature thereof or (ii) discontinue the GAM API or any portion or feature thereof for any or no reason and at any time without liability to User . Company may terminate the ToS with or without cause at any time by indicating such election in the GAM user interface (i.e., unclicking and deactivating its acceptance of this ToS) and at such point Company will no longer be able to access the GAM API or any portion or feature thereof. Upon any termination or notice of any discontinuance, User (as applicable) will immediately stop and thereafter desist from (A) Using the GAM API, (B) distributing or developing GAM API Clients (C) any use of the Google Brand Features, and delete any cached or stored content that was permitted by the cache header through access to content, and (D) destroy all copies of the GAM API Specifications in its possession or control (including, without limitation, from User’s GAM API Client(s) (if applicable) and User’s servers, if applicable) and if requested by Google, certify to Google such destruction. Google may independently communicate with any Authorized Third Party or Subcontractor whose account(s) are associated with User’s GAM API Client Identifier and/or Developer Credentials to provide notice of the termination of User’s right to use the GAM API. All notices of termination or breach must be in English, in writing and addressed to the other party’s Legal Department. The address for such notices to Google’s Legal Department is legal-notices@google.com. All other notices must be in English, in writing and addressed to the other party’s primary contact. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable). In the event the Agreement terminates, the ToS will simultaneously terminate. Notwithstanding any termination or expiration of the ToS, any provisions of the ToS that by their nature are intended to survive, will survive any termination or expiration of the ToS and will continue to bind Company in accordance with their terms.
17. Modification. Google may modify any of the terms and conditions contained in this ToS at any time and in its sole discretion by posting a change notice to Company’s account and changing the ToS linked from Google’s GAM API home page and/or in any console. IF ANY MODIFICATION IS UNACCEPTABLE TO USER, USER’S ONLY RECOURSE IS TO TERMINATE THIS TOS. USER’S CONTINUED USE OF THE GAM API, CONTINUED POSSESSION OF A COPY OF THE GAM API SPECIFICATIONS OR CONTINUED DEVELOPMENT OR DISTRIBUTION OF A GAM API CLIENT FOLLOWING POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON GOOGLE’S SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
18. Release. If User has a dispute with one or more Subcontractors, Company, Authorized Third Party or Developer (each as and if applicable), User releases Google (and its officers, directors, agents, Affiliates, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
19. Severability. If any term (or part of a term) of the ToS is invalid, illegal or unenforceable, the rest of the ToS will remain in effect.
20. Beta Features. Google will have no liability under the ToS (including any indemnification obligations) arising out of or related to any use of Beta Features by Company, its Affiliates, or its or their Authorized Third Party(ies). Any use of Beta Features will be solely at Company’s own risk and may be subject to additional requirements as specified by Google. Google is not obligated to provide support for Beta Features and Google may, at its sole discretion, cease providing Beta Features as part of the GAM Services. “Beta Feature” means any feature that is identified by Google, including via the applicable GAM Service user interface (including any GAM API) or via other communications to Company, as “Beta”, “Alpha”, “Experimental”, “Limited Release” or “Pre-Release” or that is otherwise identified by Google as unsupported.
21. Feedback. If User provides Feedback, User grants Google and its Affiliates a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to: (a) reproduce, distribute, create derivative works based on, publicly perform, publicly display, and otherwise use Feedback, and (b) make, have made, import, use, have used, offer for sale, sell, lease, license, and otherwise exploit products and services (including combinations) that incorporate Feedback. Any improvements or developments made by or on behalf of Google that derive from Feedback are owned by Google. “Feedback” means specific suggestions, comments, or feedback provided to Google by User during the term of this ToS relating to Google products, services, or materials, if any.
22. Assignment. Neither party may assign any part of the Agreement without the written consent of the other, except to an Affiliate where: (a) the assignee has agreed in writing to be bound by the terms of the ToS (b) the assigning party remains liable for obligations under the ToS if the assignee defaults on them, and (c) the assignor has notified the other party of the assignment. Any other attempt to assign is void.
23. Change of Control. If a party experiences a change of control (for example, through a stock purchase or sale, merger, by operation of law, or other form of corporate transaction): (i) that party will give written notice to the other party within 30 days after the change of control, and (ii) the other party may immediately terminate the ToS any time between the change of control and 30 days after it receives that written notice. Notwithstanding the foregoing, Google will only be obligated to provide written notice to Company.
24. Conflicting Terms. If there is a conflict between the ToS and a term of an Agreement, the term of the Agreement will govern.
25. Miscellaneous. (a) The TOS is governed by New York law, excluding its choice of law rules, and all claims arising out of or relating to the ToS or the Google services and programs will be litigated exclusively in the federal or state courts of New York County, New York, USA, and User and Google consent to personal jurisdiction in those courts. (b) Nothing in the ToS will limit a party's ability to seek equitable relief. (c) Subject to the following sentence, the ToS is the parties' entire agreement relating to the subject of the GAM API and/or the GAM API Client and supersedes any prior or contemporaneous agreements on that subject. Notwithstanding the foregoing, nothing herein is intended to supersede any of the underlying agreements between Google and User for any services or products relating to GAM. (d) Failure to enforce any provision will not constitute a waiver. (e) Each party is liable for the acts and omissions of its Authorized Third Party(ies) and Subcontractors. (f) There are no third-party beneficiaries to this ToS. (g) The parties are independent contractors, and this ToS does not create an agency, partnership or joint venture. (h) Neither party will be liable for failure or delay in performance to the extent caused by circumstances or causes beyond its reasonable control.
26. Survival. Notwithstanding termination or expiration of ToS, any provisions of ToS that by their nature are intended to survive, will survive termination, including Sections 1, 3, 7, 10, 12, 14-16, and 18-26.