> Documentation index: https://firebase.google.com/terms/crashlytics/llms.txt

> [!NOTE]
> **Note:** This is an archive. For the current version of this page, head to [Firebase Crashlytics and Firebase App Distribution Terms of Service](https://firebase.google.com/terms/crashlytics.md.txt).

**Last Updated: July 23, 2018** \| [Previous versions](https://firebase.google.com/terms/crashlytics/20180723.md.txt#previous_versions)

This Crashlytics Agreement ("****Agreement**** ") is entered into by Crashlytics
(defined as either: (a) Google Ireland Limited, with offices at Gordon House,
Barrow Street, Dublin 4, Ireland, if Your principal place of business (for
entities) or place of residence (for individuals) is in any country within
Europe, the Middle East, or Africa ("****EMEA**** "), (b) Google Asia Pacific
Pte. Ltd., with offices at 8 Marina View Asia Square 1 #30-01 Singapore 018960,
if Your principal place of business (for entities) or place of residence (for
individuals) is in any country within the Asia Pacific region ("****APAC**** "),
or (c) Google LLC, with offices at 1600 Amphitheatre Parkway, Mountain View,
California 94043, if Your principal place of business (for entities) or place
of residence (for individuals) is in any country in the world other than those
in EMEA and APAC) and you ("****Developer**** " or "****You**** ") and governs
your access and use of www.crashlytics.com and the Crashlytics crash reporting
and beta testing solution (collectively, the "****Services****" as more fully
described below). If You are accessing or using the Services on behalf of a
company or other legal entity, You represent and warrant that You are an
authorized representative of that entity and have the authority to bind such
entity to this Agreement, in which case the terms "Developer" and "You" shall
refer to such entity. You and Crashlytics hereby agree as follows:

YOUR RIGHT TO ACCESS AND USE THE SERVICES IS EXPRESSLY CONDITIONED ON
ACCEPTANCE OF THIS AGREEMENT. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO
BE BOUND BY THIS AGREEMENT. IF YOU ARE ACCESSING OR USING THE SERVICES ON
BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY ("ENTITY"), YOU AGREE TO PROVIDE
CRASHLYTICS WITH THE NAME OF THE ENTITY AND OBTAIN CRASHLYTICS'S APPROVAL TO
USE THE SOFTWARE ON YOUR BEHALF AND BEHALF OF THE ENTITY AND YOU AGREE TO
REMAIN RESPONSIBLE AND LIABLE FOR YOUR AND SUCH ENTITY'S COMPLIANCE WITH THIS
AGREEMENT. FURTHER, YOU REPRESENT AND WARRANT THAT: (I) YOU ARE THE AUTHORIZED
AGENT OF THE APPLICABLE ENTITY AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THE
AGREEMENT ON BEHALF OF YOURSELF AND THE ENTITY, AND (II) YOU HAVE OBTAINED, ON
BEHALF OF YOURSELF AND THE ENTITY (IF APPLICABLE), ALL NECESSARY RIGHTS,
WAIVERS, CONSENTS AND PERMISSIONS NECESSARY TO COLLECT, USE, STORE, AND SHARE
USER INFORMATION IN CONNECTION WITH THE SOFTWARE.

Effective November 20, 2015, this Agreement does not cover www.answers.io or
the related "Answers" service, which is a software development kit and
associated services focused on analysis and computation of the behavior and
usage of mobile applications, including app analytics, event tracking, and
conversion tracking. If you use Answers, then please consult the Answers
Agreement, which is the contract governing your use of Answers. If you have
questions regarding this Agreement, please contact Crashlytics at
support@crashlytics.com.

## SECTION 1. OVERVIEW OF THE SERVICES

1.1 The Services provide a reporting solution for developers of mobile
applications, including publicly released mobile applications
("****Application(s)**** "), and facilitates Developers' ability to invite
certain designated users ("****Beta Tester(s)**** ") to test mobile applications
that have not yet been publicly released ("****Beta Application(s)****"). The
Services provide information to Developers about the functioning of
Applications and Beta Applications they own or manage, including, but not
limited to, information about how and under what circumstances such
applications crashed and how many users interact with such applications and how
they do so.

## SECTION 2. SPECIFIC TERMS FOR DEVELOPERS

2.1 Service and Access Credentials. Developer will provide reasonable
cooperation, assistance, information and access to Crashlytics as may be
necessary to initiate Developer's use of the Services. During the Term, and
subject to Developer's compliance with all terms and conditions of this
Agreement, Crashlytics will provide Developer with access to the Services. As
part of the implementation process, Developer will identify a user name and
password that will be used to set up Developer's account. Developer will not
share its user name or password with any third party and will be responsible
and liable for the acts or omissions of any person who accesses the Services
using passwords or access procedures provided to Developer. Crashlytics
reserves the right to refuse registration of, or to suspend or cancel, login
IDs used by Developer to access the Services for any reason, including if
Developer violates the terms and conditions set forth in this Agreement.

2.2 License to Developer. During the Term, and subject to all terms and
conditions of this Agreement (as a condition to the grants below), Crashlytics
grants Developer and Developer accepts a nonexclusive, nontransferable right
and license (without right to sublicense) to: (a) access and use the Services,
solely for the purpose of accessing and downloading the Software (defined
below) and assessing the performance of its own Applications and Beta
Applications for Developer's internal business purposes; and (b) download,
install and use a reasonable number of copies of the Crashlytics software
development kit (the "****SDK**** ") and any tools provided as part of the SDK,
including, but not limited to, any plugins (collectively, the
"****Software**** ") solely for the integration of the Software into an
Application or Beta Application. Developer may use the Services and the
Software solely for the purpose: (i) enabling Developer's users, including
Beta Testers, to access and use Applications and Beta Applications, (ii)
obtaining information regarding the installation, use of and engagement with,
and the functionality of Developer's Applications and Beta Applications,
including reporting on errors or bugs (collectively, "****Performance
Data**** "), (iii) improving the functionality of Developer's Applications, Beta
Applications and related products and services, and/or (iv) communicating with
users, including Beta Testers, about Developer's Applications and Beta
Applications. Developer's access and use of the Services shall also comply with
all other conditions set forth in all documentation, instructions, end user
guides and other documents regarding the Services and Software, in each case
that is provided or made available by Crashlytics to Developer in electronic or
other form (collectively, "****Documentation****"). Developer shall comply with
all: (a) applicable laws, rules, and regulations, and (b) any applicable third
party terms, including any third party terms applicable to Developer's
development and distribution of any Application or Beta Application operating
on the Android or iOS mobile operating systems, or any other operating system
upon which the Application or Beta Application is made available and upon which
Crashlytics makes the Services available to Developer.

2.3 Restrictions. Developer shall not directly or indirectly, or allow any
third-party to: (a) use the Services or any of Crashlytics's Confidential
Information (as defined below) to create any service, software, or
documentation that is the same as, substantially similar to or has similar
functionality as the Services, (b) disassemble, decompile, reverse engineer,
decipher, translate or use any other means to attempt to discover any source
code, algorithms, or trade secrets underlying the Services or Background
Materials (defined below), except and only to the extent these restrictions are
expressly prohibited by applicable statutory law, (c) encumber, sublicense,
transfer, distribute, rent, lease, timeshare, or use any Crashlytics Properties
(as defined below) in any service bureau, rental or managed services
arrangement or permit other individuals or entities to create Internet "links"
to the Crashlytics Properties or "frame" or "mirror" the Crashlytics Properties
on any other server, or wireless or Internet-based device, (d) adapt, combine,
create derivative works of, or otherwise modify any Crashlytics Properties, (e)
use or allow the transmission, transfer, export, reexport, or other transfer of
any product, technology, or information it obtains or learns in connection with
Developer's use of the Services in violation of any export control or other
laws and regulations of the United States or any other relevant jurisdiction,
(f) remove or alter any proprietary notices or labels on or in any Crashlytics
Properties; (g) use any Crashlytics Properties in connection with the
development or transmission of any virus, worms or malicious code, (h) use any
Crashlytics Properties to infringe the rights of Crashlytics or any third
party, or in any way that does not comply with all applicable laws, or (i) use
any Crashlytics Properties (including to create any Application) in any way
that interferes with, disrupts, damages, or accesses in an unauthorized manner
the servers, networks, or other properties or services of Crashlytics or any
third party, including any mobile communications carrier.

2.4 Developer Feedback. From time to time, Crashlytics may solicit from
Developer or Developer may make, in its sole discretion, suggestions for
changes, modifications or improvements to the Crashlytics Properties (as
defined below) or any other feedback related to Crashlytics or the Crashlytics
Properties (collectively, "****Developer Feedback****"). All Developer Feedback
shall be solely owned by Crashlytics (including all intellectual property
rights therein and thereto) and shall also be Crashlytics's confidential
information. Developer hereby assigns all of its right, title and interest in
and to any Developer Feedback to Crashlytics and acknowledges that Crashlytics
has the unrestricted right to use and exploit such Developer Feedback in any
manner, without attribution, and without any obligations or compensation to
Developer.

2.5 Developer Data. Developer hereby grants Crashlytics a nonexclusive, license
fee free and royalty free right and license to access, copy, distribute,
process and use all information, data and other content provided by Developer
or received by Crashlytics in connection with Developer's authorized use of the
Services, including, without limitation information provided through any
Application or Beta Application that Developer makes available for testing
through the Services (collectively, "****Developer Data****"), solely for the
purpose of providing, developing, and maintaining the Services, along with any
related customer or technical support, and as otherwise expressly permitted in
this Agreement. Developer agrees that: (a) the Services depend on the
availability of the Developer Data, and (b) Crashlytics will not assume any
responsibility or liability for, or undertake to verify, the legality, accuracy
or completeness of the Developer Data. Crashlytics shall have no obligation to
store any Developer Data or Results (as defined below).

2.6 Access by Beta Testers; EULA; End Users; Compliance. Developer shall
provide to Crashlytics the contact information of any user of Developer's
application(s) whom Developer intends to invite to become a Beta Tester.
Developer is solely responsible for determining which users will receive an
invitation to become a Beta Tester, and for ensuring the accuracy of any user
contact information provided to Crashlytics. Developer may provide Beta Testers
with its own EULA for a Beta Application that will be accessed by Beta Testers
("****Developer EULA**** "); provided that the Developer EULA provides terms and
conditions consistent with this Agreement and, with respect to Crashlytics, no
less protective than those terms and conditions set forth in the standard EULA
provided in Appendix A ("****Standard EULA**** "). If Developer does not provide
a separate Developer EULA to Beta Testers in connection with Developer's Beta
Application, then Developer acknowledges and agrees that such Beta Testers, by
accessing the Beta Application through the Services, will be made subject to
the terms and conditions of the Standard EULA between Developer and such Beta
Testers. Developer acknowledges and agrees that Crashlytics provides the
Standard EULA by way of convenience only, and does not represent or warrant
that the Standard EULA will be enforceable under, or in compliance with, all
applicable laws, rules, regulations, or otherwise. Developer acknowledges and
agrees that the EULA applicable to Developer's Beta Application shall be
between Developer and any Beta Tester, and Crashlytics shall not be responsible
for, and shall not have any liability whatsoever for, such EULA, any
application tested by a Beta Tester, or for any breach by Developer or any Beta
Tester of the terms and conditions of such EULA. The Services allow the
Developer to collect information relating to performance of Developer's
applications, including, without limitation, device state information, unique
device identifiers, information relating to the physical location of a device,
and information about how the application was used. Developer may turn on
features of the Services to allow collection of other information via the
Services, including some personally identifiable information (e.g., a user's
email address), which allows Developers to communicate with users about the
engagement with and functionality of their applications and to invite them to
become Beta Testers. Developer represents and warrants that Developer is
collecting information via the Services solely to obtain information about the
user engagement with and functionality of Developer's applications, and to
communicate with users about such engagement and functionality. Developer
agrees that it will not enable collection of personally identifiable
information via the Services unless it is necessary to communicate with users
about the applications or Developer wishes to invite users to be Beta Testers
and the user has provided affirmative consent to the collection and use of such
information. Subject to and without limiting the foregoing, Developer agrees it
will not enable collection or use of credit card information, Social Security
numbers, driver's license numbers, dates of birth or physical addresses via the
Services. Developer further agrees it will not invite any user to be a Beta
Tester that is under the age of consent as defined under any applicable laws,
rules, or regulations relating to data collection, including without limitation
the Children's Online Privacy Protection Act of 1998 ("****COPPA**** "), the
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing Directive
95/46/EC (General Data Protection Regulation or "****GDPR****"), and all other
relevant laws and regulations. At all times during the term of this Agreement,
Developer shall maintain a privacy policy: (a) that is readily accessible to
users from its website or within its online service (as applicable), (b) that
fully and accurately discloses to its users what information is collected about
its users, and (c) that states that such information is disclosed to and
processed by third party providers like Crashlytics in the manner contemplated
by the Services, including, without limitation, disclosure of the use of
technology to track users' activity and otherwise collect information from
users. For Developer's users in the European Union, Developer shall provide
such users with clear notice of, and obtain such users' consent to, the
transfer, storage, and use of their information in the United States and any
other country where Crashlytics, or any third party service providers acting on
its behalf, operates, and shall further notify such users that the privacy and
data protection laws in some of these countries may vary from the laws in the
country where such users live. Developer shall at all times comply with all
applicable laws, rules and regulations relating to data collection, privacy and
security, including without limitation, COPPA, GDPR, and all other such laws
and regulations. Developer will obtain and maintain any required consents
necessary and will comply with any other applicable requirements to permit the
processing of Developer Data under this Agreement.

2.7 Developer Systems. Developer is responsible for providing: (a) all
equipment, subscriptions and credentials necessary for Crashlytics to receive
the Developer Data, and (b) all modems, servers, devices, storage, software
(other than Software), databases, network and communications equipment and
ancillary services needed to connect to, access, or otherwise use the Services
at its facility (collectively, "Developer Systems"). Developer shall ensure
that Developer Systems are compatible with the Services and comply with all
configurations and specifications described in the Documentation.

2.8 Limitations. Crashlytics will not be responsible or liable for any failures
in the Services or any other problems which are related to: (a) the Developer
Data or Developer Systems, or (b) any satellite, telecommunications, network or
other equipment or service outside of Crashlytics's facilities or control.

2.9 Confidentiality. "****Confidential Information**** " means any information
disclosed by one party ("****Discloser**** ") to the other party
("****Recipient****") that is marked or otherwise identified as "confidential"
or "proprietary," or by its nature or the circumstances of disclosure should
reasonably be understood to be confidential, including without limitation, all
financial, business or technical information disclosed in relation to this
Agreement. Except for the specific rights granted by this Agreement, the
Recipient may not use, copy or disclose any Confidential Information of the
Discloser without Discloser's prior written consent, and shall use no less than
reasonable care to safeguard Discloser's Confidential Information, including
ensuring that Recipient's employees, contractors and agents
("Representatives")with access to Discloser's Confidential Information have a
need to know such Confidential Information for the purposes of this Agreement
and are bound by confidentiality obligations no less protective of the parties
as those set forth herein. The foregoing obligations shall not apply to any
Confidential Information that Recipient can demonstrate is: (a) already known
by it without restriction, (b) rightfully furnished to it without restriction
by a third party not in breach of any obligation to Discloser, (c) generally
available to the public without breach of this Agreement or (d) independently
developed by it without reference to or use of any of Discloser's Confidential
Information and without any violation of any obligation of this Agreement. Each
party shall be responsible for any breach of confidentiality by its
Representatives, as applicable. Promptly upon Discloser's request at any time,
Recipient shall, or in the case of Developer Data shall use reasonable efforts
to, return all of Discloser's tangible Confidential Information, permanently
erase all Confidential Information from any storage media and destroy all
information, records, copies, summaries, analyses and materials developed
therefrom. Nothing herein shall prevent a party from disclosing any of the
other's Confidential Information as necessary pursuant to any court order or
any legal, regulatory, law enforcement or similar requirement or investigation;
provided, however, prior to any such disclosure, Recipient shall use reasonable
efforts to: (i) promptly notify Discloser in writing of such requirement to
disclose where permitted by law, and (ii) cooperate with Discloser in
protecting against or minimizing any such disclosure and/or obtaining a
protective order.

2.10 Proprietary Rights. As used in this Agreement: "****Background
Materials**** " means all ideas, concepts, inventions, systems, platforms,
software (including all Software), interfaces, tools, utilities, templates,
forms, Report Formats, techniques, methods, processes, algorithms, knowhow,
trade secrets and other technologies and information that are used by
Crashlytics in providing the Services and Results (including any correction,
improvement, derivative work, extension or other modification to the Services
made, created, conceived or developed by or for Crashlytics, including at
Developer's request or as a result of feedback provided by Developer to
Crashlytics); "****Reports**** " means the reports, charts, graphs and other
presentation in which the Results are presented to Developer; "****Report
Formats**** " means the formatting, look and feel of the Reports; and
"****Results**** " means the work products resulting from the Services that are
delivered to Developer by Crashlytics through the Services, and which are based
on the Developer Data. For the sake of clarity, Results shall expressly exclude
all Background Materials. Developer shall own all right, title and interest
(including all intellectual property and other proprietary rights) in and to:
(a) feedback, suggestions, ideas or other materials and information provided by
Beta Testers with respect to any Beta Application ("****User Feedback****"),
(b) the Results and (c) Developer Data. Developer acknowledges and agrees that
the Results will be presented to it in a Report, the Report Format of which is
Confidential Information and proprietary to Crashlytics. Developer may make a
reasonable number of copies of the Reports only for its internal purposes in
using the Results.

2.11 General Learning; Aggregate Data. Crashlytics reserves the right to
disclose aggregate information of Services usage, engagement, and performance,
and to reuse all general knowledge, experience, knowhow, works and technologies
(including ideas, concepts, processes and techniques) related to the Results or
acquired during provision of the Services (including without limitation, that
which it could have acquired performing the same or similar services for
another customer).

2.12 Reservation of Rights. Except for the limited rights and licenses
expressly granted hereunder, no other license is granted, no other use is
permitted and Crashlytics (and its licensors) shall retain all right, title,
and interest (including all intellectual property and proprietary rights
embodied therein) in and to the Services, Software, Documentation, Background
Materials, aggregate data, and analyses (collectively, "****Crashlytics
Properties****").

## SECTION 3. SPECIFIC TERMS FOR BETA TESTERS

3.1 License; Restrictions. In order to access and use the Services to test any
Beta Application, you may need to download or install Software (defined in
Section 2 above), web clips, certificates, or other materials provided by
Crashlytics ("****Crashlytics Material****"). Subject to your compliance with
this Agreement, Crashlytics grants you a limited, nonexclusive, non-assignable,
non-sublicensable license to access, download, and use any Crashlytics Material
made available to you by Crashlytics, solely to access and use the Services.
Crashlytics reserves all right, title, and interest in the Crashlytics Material
not expressly granted to you, including but not limited to intellectual
property rights. To the maximum extent permitted by law, you may not do any of
the following with respect to any Crashlytics Material you receive or otherwise
have access to: (a) modify, reverse engineer, decompile, or disassemble any
Crashlytics Material, (b) rent, lease, loan, sell, sublicense, distribute,
transmit, or otherwise transfer any Crashlytics Material, (c) make any copy of
or otherwise reproduce any Crashlytics Material, (d) remove, alter, or obscure
any copyright, trademark or other proprietary rights notice on or in any
Crashlytics Material, (e) work around any technical limitations in any
Crashlytics Material, or (f) use any Crashlytics Material for purposes for
which it is not designed.

3.2 No Responsibility for Beta Applications. If you have any complaints or
disputes relating to your use of any Beta Application, you agree to look solely
to the applicable Developer of such Beta Application and not Crashlytics. You
acknowledge and agree that the applicable Developer, not Crashlytics, is fully
responsible for any Beta Application, and the processing of information about
your use of any Beta Application. If you want to terminate this Agreement, you
must stop using the Services and delete from your device all Crashlytics
Material.

3.3 Consent to Data Processing and Transfer. Irrespective of which country you
live in, you authorize Crashlytics to use your information in, and as a result
to transfer it to and store it in, the United States and any other country
where Crashlytics operates. Privacy and data protection laws in some of these
countries may vary from the laws in the country where you live.

3.4 No Compensation. By becoming a Beta Tester, you are acting as a volunteer.
You will bear your own costs, including any mobile carrier and data costs that
you incur in connection with your use of the Beta Application or any User
Feedback (defined above) that you submit.

3.5 Standard EULA for Beta Applications. You agree to comply with the terms of
the Standard EULA in connection with your access and use of any Beta
Application of a Developer, unless you agree to comply with a separate license
agreement that the Developer provides in connection with such Beta Application,
in which case the terms of that separate license agreement will govern.

## SECTION 4. WARRANTY, LIABILITY \& INDEMNITY

4.1 Warranties. Crashlytics represents and warrants that it has full right,
power, and authority to enter into this Agreement and to perform its
obligations and duties under this Agreement, and that the performance of such
obligations and duties does not conflict with or result in a breach of any
other agreement of Crashlytics, or any judgment, order, or decree by which such
party is bound. Developer's sole and exclusive remedy for any and all breaches
of this provision is the remedy set forth in Section 4.4. Developer represents
and warrants that it owns all right, title and interest, or possesses
sufficient license rights, in and to the Developer Data as may be necessary to
grant the rights and licenses, and provide the representations, and for
Crashlytics to provide the Services set forth herein. Developer bears all
responsibility and liability for the legality, accuracy and completeness of the
Developer Data and Crashlytics's access, possession, distribution, and use
thereof, as permitted herein.

4.2 Disclaimers. THE CRASHLYTICS SERVICES, CRASHLYTICS PROPERTIES AND RESULTS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE
FOREGOING, CRASHLYTICS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS
AND LICENSORS (COLLECTIVELY, THE "CRASHLYTICS ENTITIES") MAKE NO WARRANTY: (A)
THAT THE SERVICES OR RESULTS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED,
ERROR FREE OR BUGFREE, (B) REGARDING THE RELIABILITY, TIMELINESS, OR
PERFORMANCE OF THE SERVICES, OR (C) THAT ANY ERRORS IN THE SERVICES CAN OR WILL
BE CORRECTED. THE CRASHLYTICS ENTITIES HEREBY DISCLAIM (FOR THEMSELVES AND
THEIR SUPPLIERS) ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY, TITLE OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES
ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

4.3 Claims Against Crashlytics. Developer will defend Crashlytics from all
third party claims, whether actual or alleged (collectively, "****Crashlytics
Claims****"), and will indemnify Crashlytics and hold Crashlytics harmless from
any and all losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees) resulting from such Crashlytics Claims that arise
out of Developer's: (a) use of the Services, (b) actual or alleged infringement
or misappropriation of the rights of any third party, including, without
limitation, any intellectual property rights, privacy rights or publicity
rights, and (c) breach of any representations and warranties set forth in the
Agreement. Developer is solely responsible for defending any such Crashlytics
Claims, subject to Crashlytics's right to participate with counsel of its own
choosing, and for payment of all judgments, settlements, damages, losses,
liabilities, costs, and expenses, including reasonable attorneys' fees,
resulting from such Claims against Crashlytics, provided that Developer will
not agree to any settlement related to any such Crashlytics Claims without
Crashlytics's prior express written consent regardless of whether or not such
settlement releases Crashlytics from any obligation or liability. If Developer
uses the Services in an official capacity as an employee or representative of a
United States federal, state, or local government entity and is legally unable
to accept this indemnification provision, then it does not apply to such
entity, but only to the extent required by applicable law.

4.4 Claims Against Developer. Crashlytics will defend the Developer from all
third party claims, actions, suits, or proceedings, whether actual or alleged
(collectively, "****Developer Claims****"), and will indemnify Developer and
hold Developer harmless from any and all losses, liabilities, damages, costs,
and expenses (including reasonable attorney's fees) resulting from such
Developer Claims, that arise out of an allegation that the Services, when used
as expressly permitted by this Agreement, infringes the intellectual property
rights of such third party. Notwithstanding the foregoing, Crashlytics will
have no obligation under this Section 4.4 or otherwise with respect to any
infringement claim based upon: (a) any use of the Services not expressly
permitted under this Agreement; (b) any use of the Services in combination with
products, equipment, software, or data not made available by Crashlytics if
such infringement would have been avoided without the combination with such
other products, equipment, software, or data; (c) any modification of the
Services by any person other than Crashlytics or its authorized agents or
subcontractors; or (d) any claim not clearly based on the Services itself. This
Section 4.4 states Crashlytics's entire liability and Developer's sole and
exclusive remedy for all third party claims.

4.5 Procedure. The foregoing obligations are conditioned on the party seeking
indemnification: (a) promptly notifying the other party in writing of such
claim; (b) giving the other party sole control of the defense thereof and any
related settlement negotiations; and (c) cooperating and, at the other party's
request and expense, assisting in such defense. Neither party may make any
public announcement of any claim, defense or settlement without the other
party's prior written approval. The indemnifying party may not settle,
compromise or resolve a claim without the consent of the indemnified party, if
such settlement, compromise or resolution (i) causes or requires an admission
or finding of guilt against the indemnified party, (i) imposes any monetary
damages against the indemnified party, or (iii) does not fully release the
indemnified party from liability with respect to the claim.

4.6 Limitation of Liability.

(a) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY DAMAGES ASSOCIATED WITH ANY
LOSS OF USE, BUSINESS, PROFITS, OR GOODWILL OR FOR INTERRUPTION, LOSS OR
CORRUPTION OF DATA OR NETWORKS.

(b) IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS
UNDER THIS AGREEMENT EXCEED FIFTY ($50.00) DOLLARS (USD).

(c) THE FOREGOING LIMITATIONS SHALL NOT APPLY TO BREACHES OF CONFIDENTIALITY
OBLIGATIONS OR FOR MISAPPROPRIATION OR INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED
HEREIN.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ANY AND
ALL CLAIMS, REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED
UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS OR DAMAGE. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to You. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON
LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY
MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH
APPLICABLE LAW.

## SECTION 5. TERM AND TERMINATION

5.1 Term. The term of this Agreement will begin on the date you first agree to
this Agreement and are approved to register for the Services, and continue
until terminated as set forth herein ("Term"). Your use of the Services may be
terminated by Crashlytics or you at any time, for any reason, effective
immediately upon notice provided by one party to the other party as set forth
herein.

5.2 Effects of Termination. Upon any expiration or termination of this
Agreement, all rights, obligations and licenses of the parties shall cease,
except that: (a) all obligations that accrued prior to the effective date of
termination and all remedies for breach of this Agreement shall survive, (b)
you must discontinue accessing and using the Services and delete all Software,
Crashlytics Properties, and Crashlytics Material, and (c) the provisions in
Section 2 titled Restrictions, Developer Feedback, Confidentiality, Proprietary
Rights, General Learning; Aggregate Data, the provisions of Section 4 and the
provisions in this Section 5 shall survive. Crashlytics has no obligation to
store, delete or return any User Feedback, Performance Data, Developer Data, or
Results.

## SECTION 6. MISCELLANEOUS

6.1 Entire Agreement. This Agreement (which includes any order form completed
by Developer) constitutes the entire agreement, and supersede all prior
negotiations, understandings, or agreements (oral or written), between the
parties about the subject matter of this Agreement.

6.2 Waivers, Consents and Amendments. No waiver, consent, or modification of
this Agreement shall bind the Crashlytics Entities unless in writing and signed
by Crashlytics. Crashlytics may amend this Agreement from time to time. If we
make a change to this Agreement that, in our sole discretion, is material, we
will notify you at the email address that you provided upon signing up to
access the Services or upon signing up to access the Crashlytics Fabric
services, at crashlytics.com, or otherwise through the Services. If you do not
agree to the modified terms, you shall notify Crashlytics in writing within
thirty (30) days, after which your right to access and use the Services shall
immediately terminate and the Crashlytics Entities shall have no further
responsibility or liability to you. The failure of either party to enforce its
rights under this Agreement at any time for any period will not be construed as
a waiver of such rights.

6.3 Severability. If any provision of this Agreement is determined to be
illegal or unenforceable, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable.

6.4 Governing Law and Disputes. This Agreement shall be governed by and
construed in accordance with the laws of the State of California, without
regard to its conflicts of law provisions.

(a) Except as set forth in Section 6.4(b) below, all claims arising out of or
relating to this Agreement or the Services ("****Disputes****") will be
governed by California law, excluding California's conflict of laws rules, and
all Disputes will be litigated exclusively in the federal or state courts of
Santa Clara County, California, USA, and You and Crashlytics consent to
personal jurisdiction in those courts.

(b) If Your principal place of business (for entities) or place of residence
(for individuals) is in any country within APAC (other than Australia, Japan,
New Zealand or Singapore) or Latin America, this Section 6.4(b) will apply
instead of Section 6.4(a) above. ALL DISPUTES (AS DEFINED ABOVE) WILL BE
GOVERNED BY CALIFORNIA LAW, EXCLUDING CALIFORNIA'S CONFLICT OF LAWS RULES.The
parties will try in good faith to settle any Dispute within 30 days after the
Dispute arises. If the Dispute is not resolved within 30 days, it must be
resolved by arbitration by the American Arbitration Association's International
Centre for Dispute Resolution in accordance with its Expedited Commercial Rules
in force as of the date of this Agreement ("****Rules****"). The parties will
mutually select one arbitrator. The arbitration will be conducted in English in
Santa Clara County, California, USA. Either party may apply to any competent
court for injunctive relief necessary to protect its rights pending resolution
of the arbitration. The arbitrator may order equitable or injunctive relief
consistent with the remedies and limitations in this Agreement. Subject to the
confidentiality requirements in of this Agreement, either party may petition
any competent court to issue any order necessary to protect that party's rights
or property; this petition will not be considered a violation or waiver of this
governing law and arbitration section and will not affect the arbitrator's
powers, including the power to review the judicial decision. The parties
stipulate that the courts of Santa Clara County, California, USA, are competent
to grant any order under this subsection. The arbitral award will be final and
binding on the parties and its execution may be presented in any competent
court, including any court with jurisdiction over either party or any of its
property. Any arbitration proceeding conducted in accordance with this section
will be considered Confidential Information under this Agreement's
confidentiality section, including: (i) the existence of, (ii) any information
disclosed during, and (iii) any oral communications or documents related to the
arbitration proceedings. The parties may also disclose the information
described in this section to a competent court as may be necessary to file any
order under this section or execute any arbitral decision, but the parties must
request that those judicial proceedings be conducted in camera (in private).
The parties will pay the arbitrator's fees, the arbitrator's appointed experts'
fees and expenses, and the arbitration center's administrative expenses in
accordance with the Rules. In its final decision, the arbitrator will determine
the non-prevailing party's obligation to reimburse the amount paid in advance
by the prevailing party for these fees. Each party will bear its own lawyers'
and experts' fees and expenses, regardless of the arbitrator's final decision.

6.5 Force Majeure. In the event that either party is prevented from performing,
or is unable to perform, any of its obligations under this Agreement (except
payment obligations) due to any cause beyond its reasonable control, the
affected party shall give written notice thereof to the other party and its
performance shall be extended for the period of delay or inability to perform
due to such occurrence.

6.6 Notices. Any notice or communication hereunder shall be in writing and
either personally delivered or sent via confirmed facsimile, confirmed
electronic transmission, recognized express delivery courier or certified or
registered mail, prepaid and return receipt requested, addressed to the other
party, which, in the case of Developer, shall be the email address provided to
Crashlytics upon signing up for the Services or upon signing up to access the
Crashlytics Fabric services, and, in the case of Crashlytics, shall be Google
LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, with a copy to
Legal Department. All notices shall be in English, and deemed to have been
received when they are hand delivered, or five business days after their
mailing, or upon confirmed electronic transmission or confirmed facsimile
transmission.

6.7 Assignment. This Agreement and the rights and obligations hereunder may not
be assigned, transferred or delegated, in whole or in part, whether voluntarily
or by operation of law, contract, merger (whether Developer is the surviving or
disappearing entity), stock or asset sale, consolidation, dissolution, through
government action or otherwise, by Developer without Crashlytics's prior
written consent. Any assignment or transfer in violation of the foregoing shall
automatically be null and void, and Crashlytics may immediately terminate this
Agreement upon such an attempt. This Agreement shall be binding upon, and inure
to the benefit of, any permitted successors, representatives, and permitted
assigns of the parties hereto.

6.8 Independent Contractors. The parties shall be independent contractors under
this Agreement, and nothing herein will constitute either party as the
employer, employee, agent, or representative of the other party, or both
parties as joint venturers or partners for any purpose.

## Appendix A - Standard EULA

You, the Beta Tester, and the Developer ("Licensor") of the Beta Application
you access and use via the Services agree to comply with the terms of this EULA
in connection with your access and use of such Beta Application (the
"Application").

1. Relationship between the Parties. Licensor and the Beta Tester acknowledge
   that this Standard EULA is entered into by and between Licensor and the Beta
   Tester only, and not with Google LLCand its worldwide affiliates
   ("Crashlytics"), and Licensor, not Crashlytics, is solely responsible and
   liable for the Application accessed and used by the Beta Tester, including (i)
   any related maintenance and support, (ii) any and all express, implied, or
   statutory warranties associated with the Application, and (iii) any disputes or
   claims arising out of or related to the access and use of the Application.

2. License. Subject to your compliance with this Standard EULA, the Licensor
   grants you a limited, nonexclusive, non-assignable, non-sublicensable license
   to access, download, and use the Application and any related documentation made
   available to you by the Licensor, solely for beta testing purposes. Licensor
   reserves all right, title, and interest in the Application not expressly
   granted to you, including but not limited to intellectual property rights. To
   the maximum extent permitted by law, you may not do any of the following with
   respect to the Application: (a) modify, reverse engineer, decompile, or
   disassemble the Application; (b) rent, lease, loan, sell, sublicense,
   distribute, transmit, or otherwise transfer the Application; or (c) make any
   copy of or otherwise reproduce the Application. This license is effective until
   terminated by you or the Licensor. Your rights under this license will
   terminate automatically without notice from the Licensor if you fail to comply
   with any term of this Standard EULA. Upon termination of the license, you shall
   cease all use of the Application, and destroy all copies, full or partial, of
   the Application.

3. Consent to Data Processing and Transfer. Irrespective of which country you
   live in, you authorize us to use your information in, and as a result to
   transfer it to and store it in, the United States and any other country where
   we or Crashlytics operate. Privacy and data protection laws in some of these
   countries may vary from the laws in the country where you live.

4. No Compensation. By becoming a Beta Tester, you are acting as a volunteer.
   You will bear your own costs, including any mobile carrier and data costs that
   you incur in connection with your use of the Application or any User Feedback
   (defined in Section 2 above) that you submit.

5. User Feedback. You agree to use reasonable efforts to beta test any
   application downloaded from the Services. User Feedback shall be owned by the
   Licensor. You hereby assign all of your right, title, and interest in and to
   any User Feedback to Licensor and acknowledge that Licensor has the
   unrestricted right to use and exploit such User Feedback in any manner, with or
   without attribution, and without compensation or any duty to account to you for
   such use.

6. Confidentiality. The Application and related information that Licensor
   provides to you are Licensor's confidential information. You will not disclose
   information about the Application or any other Licensor confidential
   information to anyone other than Licensor's employees, unless Licensor gives
   you written permission. For example, do not share screenshots or video clips of
   the Application with your friends, family, coworkers, or the media. You will
   also take reasonable precautions to prevent anyone from obtaining Licensor's
   confidential information. For example, you should restrict access to your
   mobile device, prevent others from watching you use the Application, and not
   create any screenshots or video clips of the Application.

7. Disclaimer. THE APPLICATION IS A TEST VERSION THAT IS MADE AVAILABLE TO YOU
   FOR TESTING AND EVALUATION PURPOSES ONLY. THE APPLICATION IS NOT READY FOR
   COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, AND DEFECTS. ACCORDINGLY, THE
   APPLICATION IS PROVIDED "AS IS," WITH ALL FAULTS, DEFECTS, AND ERRORS, AND
   WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL
   WARRANTIES (EXPRESS, IMPLIED, ARISING BY LAW, OR OTHERWISE) REGARDING THE
   APPLICATION AND ITS PERFORMANCE OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING
   ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
   NONINFRINGEMENT.

8. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT
   WILL LICENSOR OR ITS SUPPLIERS BE LIABLE (UNDER ANY THEORY OF LIABILITY) FOR
   PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES
   (INCLUDING FOR LOSS OF DATA, LOSS OF CONTENT, LOSS OF IN-APPLICATION FEATURES,
   LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO YOUR
   USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF LICENSOR AND/OR ITS
   SUPPLIERS HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
   JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THESE
   LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL LICENSOR AND ITS SUPPLIERS'
   AGGREGATE LIABILITY ARISING FROM YOUR USE OR INABILITY TO USE THE APPLICATION
   EXCEED FIFTY UNITED STATES DOLLARS (US $50.00).

#### Previous versions

- [January 27, 2017](https://firebase.google.com/terms/crashlytics/20170127.md.txt)