Google Glass

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Nature Real
ID Name Google Glass
Provider Google, Inc.
Description Google Glass is an example of wearable technology: it is a smart pair of glasses (most technically, a head-mounted wearable computer), equipped with an optical display, a touch pad, a camera, a microphone, Wi-Fi, Bluetooth, and a GPS; it can carry out various functions, mostly like a smartphone.
Country USA
Release Date 2013 (beta version); 23.06.2015 (date of the analysis)
Link http://www.google.com/glass/start/
Topics
Correlated texts http://www.slate.com/articles/technology/future_tense/2013/04/google_glass_terms_of_service_restrictions_on_resale_are_bad_for_consumers.html, https://en.wikipedia.org/wiki/Google_Glass, http://www.wired.com/2013/04/google-glass-resales/

Notes

Components:

  • hardware (the Terms and Conditions that apply to it are: Terms of Sale; Google Terms of Service, when you use a Google service through the device; Privacy Policy; Google Glass Terms of Use, which expressly and specifically apply to the use of the Google Glass by the customer)
  • software (the Terms and Conditions that apply to it are: Google Glass Terms of Use; Terms of Sale (?))
  • service (when the service is provided by Google, the Terms and Conditions that apply to it are: Google Terms of Service; Google Glass Terms of Use, when the service is used through the Google Glass; Privacy Policy)
    • Google account: necessary to use certain device features
    • Google applications: MyGlass, an app enabling the customer to configure and manage the device; already existing Google applications, like Google Now, Google Maps, Google + and Gmail
    • third-party applications: made possible by Google Mirror API (released in 2013); in the Terms of Service, Google has stated that developers can't put ads in the apps or charge fees

Contractual characteristics

Links to Terms&Conditions: Google Glass Terms of Sale (https://www.google.com/glass/termsofsale/), Google Glass Terms of Use (http://www.google.com/glass/termsofuse/), Google Privacy Policy (http://www.google.com/intl/en/policies/privacy/), Google Terms of Service (https://developers.google.com/glass/terms), Google Mirror API Terms of Service (https://developers.google.com/glass/terms)

Date of Terms&Conditions: Google Glass Terms of Sale (19.08.2014), Google Glass Terms of Use (19.08.2014), Google Privacy Policy (05.06.2015), Google Terms of Service (14.04.2014), Google Mirror API Terms of Service (23.06.2013)

1. Is the consumer allowed to modify the software and/or hardware without retaliation? No
The warranty to the hardware doesn't neither apply in case of disassembly and alterations (even when the alterations are made on the software), nor in case of installation of unauthorized software.

The customer and technical support can't be received in case of alterations made on the software or in case of installation of unauthorized software.


If the Device is or becomes defective through no fault of your own, you may be entitled to a refund, replacement, or repair of your Device. (Source: Terms of Sale)

This limited warranty applies only to hardware components and Google does not provide any warranty for damage caused by normal wear and tear, accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not limited to extreme thermal or environmental conditions (including but not limited to moisture and heavy dust), installation or enabling of unauthorized software or services, unauthorized alterations to the Glass software or Glass services, unauthorized resale, lease, rental, or commercial use. (Source: Terms of Sale)

If you install or enable any software or services on the Device through any means other than the MyGlass interface or as otherwise authorized by Google, or make unauthorized alterations to the Glass software or Glass services: (i) you may no longer be eligible to receive any customer or technical support from Google for your Device, and (ii) any limited product warranty provided under the applicable terms of sale may be void and no longer apply to your Device. (Source: Terms of Use)

2. Does the provider reserve to himself the right to modify/delete his own content? Yes
If a service provided through the Google Glass violates contract or law, Google can discretionarily and remotely disable or remove it. Google may also stop providing a service to the customer, at any time and apparently without reason.


Google may discover a Glass service that violates Google developer terms or other legal agreements, laws, regulations or policies. The Device will periodically download a list of such Glass services from Google’s servers. Google may remotely disable or remove any such Glass service from user systems in its sole discretion. (Source: Terms of Use)

Google may also stop providing Services to you, or add or create new limits to our Services at any time. (Source: Terms of Service)

3. Does the provider reserve to himself the right to modify/delete consumer content? Yes
Google confers to itself the right to modify consumer content.


When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services. (Source: Terms of Service)

4. Is the title on software explicitly transferred to the consumer? Not available
It wasn't possible for me to find on the Internet an end-user licence agreement concerning the Glass software, even if the Terms of Sale state that in case of software updates, the software may be subject to ADDITIONAL licensing terms, which seems to mean that the software is already subject to licensing terms. The comprehension is even made more difficult by the fact that the Terms of Sale - which apply to the "device" - don't clarify if the word "device" includes or not the embedded software.

Given these doubts, we should probably tip the balance towards consumer's benefit, because of the contra proferentem contract law principle (see e.g. Art. 5 of DIRECTIVE 93/13/EEC on unfair terms in consumer contracts). It remains, however, the possibility for the EULA to appear at the moment of the device activation by the customer, thus AFTER the sale: in this case, however, the EULA wouldn't be able to bind the customer (at least for what concerns the Italian legal context), because of art. 1341 c.c., which requires the prior knowledgeability of the contract content (see I Contratti a Oggetto Informatico, p. 195).


The Terms of Sale apply to the purchase of the Device, but it is not clear if the "device" includes also the embedded software.

Further, you agree to comply with any software license agreements applicable to your use of software on the Device. But I haven't found any EULA concerning the embedded software. (Source: Terms of Sale)

When you use a Device or any Google software or services through your Device, your use is subject to the applicable terms and conditions for those services, including the Google Terms of Service. (Source: Terms of Use)

Google gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Google as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Google, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. However, this clause is in the Google Terms of Service, and expressly refers to software provided as a part of a service: therefore, at a first sight it does not seem to apply to the software embedded in the Google Glass at the time of the purchase. (Source: Terms of Service)

Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. Use of that software may be subject to additional licensing terms. (Source: Terms of Sale)

5. Is the title on hardware explicitly transferred to the consumer? Yes
The title "Terms of Sale" and words like "purchase" tell us that the consumer acquires ownership on the device.

'However, the use of the device is restricted: it can't be resold (see CC6) and it must be used only as stated in the instructions that accompany it. What has the concept of ownership therefore become?"


You may only purchase Devices [...]. (Source: Terms of Sale)

You may only use the Device in accordance with the instructions that come with it, including instructions that may be made available online. (Source: Terms of Use)

6. Is the consumer forbidden from reselling the device? Yes
The device can't be resold, leased, rented or commercially used: it is expressly stated and, moreover, it is also stated that on the device only the consumer account can be used.

Google knows if the Google Glass is transferred, because it is registered under the buyer's Google account. In case of resale, the warranty doesn't apply; even, at the very start of the Google Glass release, the device could also be deactivated by Google. Today this latter clause doesn't appear anymore in the Terms and Conditions, but it remains technically possible (see TC5).


You may only purchase Devices for your personal use. You may not commercially resell any Device, but you may give the Device as a gift. [...] These Terms apply to any gift recipient. (Source: Terms of Sale)

Even, at the very start of the release of the beta version, it was even stated that - in case of violation of this clause (which included also the prohibition of loaning), Google had the right to deactivate the device: it was possible for it to discover the violation because it could know if the device was connected to another account. The company’s terms of service on the limited-edition wearable computer specifically states, “you may not resell, loan, transfer, or give your device to any other person. If you resell, loan, transfer, or give your device to any other person without Google’s authorization, Google reserves the right to deactivate the device, and neither you nor the unauthorized person using the device will be entitled to any refund, product support, or product warranty.” [...] The company knows if the eyewear was transferred because each device is registered under the buyer’s Google account. (Source: Google is Forbidding Users from Reselling Loaning Glass Eyewear)

The Google Glass terms of sale, for example, purport to “apply to any gift recipient” to whom you might give Google Glass. What does that really mean? If you give someone Google Glass, is it your responsibility to ensure that the recipient is duly informed of and agrees to the resale prohibition? If you don’t even raise the issue — or if you do but the would-be-recipient doesn’t agree — can you still give the gift? And if that person sells your gift on eBay, was there a breach of contract, and if so, of what contract? (Source: Google Glass and the Demise of Ownership)

This limited warranty applies only to hardware components and Google does not provide any warranty for damage caused by [...] unauthorized resale, lease, rental, or commercial use. (Source: Terms of sale)

You may only use your consumer Google account on the Device, unless otherwise authorized by Google. (Source: Terms of Use)

7. Is the consumer forbidden from transferring the account? Yes
The Google account can be used for every activity on Google, even for really personal Google Services, e.g. Gmail. It would therefore seem weird to transfer it to another person. However, in the present case, transferring the account would mean having the possibility of bypassing the resale prohibition, because Google becomes aware of the transfer of the device thanks to the change in the account.

However, even if a transfer was formally possible (by the way, it seems not to be possible, because - at the moment of the account registration - the user has to provide his name and surname, and then he can't change them anymore), in the present case it would be useless for the bypassing of the resale prohibition, because Google would be noticed of the transfer of the account, and therefore also of the transfer of the Google Glass. It is even stated in the Terms of Use that only the personal account of the purchaser can be used on the device: therefore, in case of transfer of the account, this account couldn't be used anymore on the device. Practically, however, the transfer would be possible through the disclosure of the credentials, but the formal account holder would continue to be responsible for what happens on the account. Moreover, there would be the practical problem of transferring something which is really personal. The last possibility to bypass the resale prohibition (non legally, but practically) would be - for the second acquirer - to not use an account at all: but in this case the functionality of the device would be limited.


In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. (Source: Terms of Sale)

You may only use your consumer Google account on the Device, unless otherwise authorized by Google. (Source: Terms of Use)

To protect your Google Account, keep your password confidential. You are responsible for the activity that happens on or through your Google Account. (Source: Terms of Service)

Even, at the very start of the release of the beta version, it was even stated that - in case of violation of this clause (which included also the prohibition of loaning), Google had the right to deactivate the device: it was possible for it to discover the violation because it could know if the device was connected to another account. The company’s terms of service on the limited-edition wearable computer specifically states, “you may not resell, loan, transfer, or give your device to any other person. If you resell, loan, transfer, or give your device to any other person without Google’s authorization, Google reserves the right to deactivate the device, and neither you nor the unauthorized person using the device will be entitled to any refund, product support, or product warranty.” [...] The company knows if the eyewear was transferred because each device is registered under the buyer’s Google account. (Source: Google is Forbidding Users from Reselling Loaning Glass Eyewear)

8. Is there an explicit prohibition to use the device in combination with a third party service? Yes
The Google Glass can be used only with Google services or third-party services authorized by Google. If the device is used with unauthorized services, the limited product warranty ceases to apply, and the customer and technical supports become unavailable.


In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. (Source: Terms of Sale)

This limited warranty applies only to hardware components and Google does not provide any warranty for damage caused by [...] installation or enabling of unauthorized software or services [...]. (Source: Terms of Sale)

You may enable Glass services on the Device through the MyGlass interface. These Glass services may be developed by Google or third parties. (Source: Terms of Use)

If you install or enable any software or services on the Device through any means other than the MyGlass interface or as otherwise authorized by Google, or make unauthorized alterations to the Glass software or Glass services: (i) you may no longer be eligible to receive any customer or technical support from Google for your Device, and (ii) any limited product warranty provided under the applicable terms of sale may be void and no longer apply to your Device. (Source: Terms of Use)

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. [...] We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. (Source: Terms of Service)

9. Are there explicit duration boundaries to consumer’s enjoyment of the device? Yes
There are no prefixed duration boundaries to device enjoyment, but anyway it can't be said that it is certain that it would be without end: in fact, if Google unilaterally changes the Terms of Use, and the purchaser doesn't agree anymore with them, he should discontinue the use of the device.


This limited warranty does not guarantee that use of the Device will be uninterrupted or error free. (Source: Terms of Sale)

By using a Device you are agreeing to these Terms. If you do not understand the Terms or do not accept any part of them, do not use the Device. (Source: Terms of Use)

We may modify these Terms [...]. If you do not agree to the modified Terms, you should discontinue your use of the Device. You may view the current version of the Terms on the Glass website. (Source: Terms of Use)

10. Are there explicit duration boundaries to consumer’s enjoyment of the service? Yes
Google can discretionarily remotely disable or remove services that violate contract or law, and it can stop providing services to a customer in case of his misuse of them.

Moreover, Google reserves to itself the right to discretionarily generally stop a service, or to discretionarily stop providing a service to a particular customer. Even in the case in which a liability of Google is identified because of the ceasing of the service, this liability is limited to the amount paid by the customer to use the service or, in alternative (and in Google's choice), to the renewed supply of the service. If the customer doesn't agree with the modifications applied to the Terms of Service, he mustn't use the service anymore.


Google may discover a Glass service that violates Google developer terms or other legal agreements, laws, regulations or policies. The Device will periodically download a list of such Glass services from Google’s servers. Google may remotely disable or remove any such Glass service from user systems in its sole discretion. (Source: Terms of Use)

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE DEVICE OR GLASS SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). (Source: Terms of Use)

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. [...] We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. (Source: Terms of Service)

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. (Source: Terms of Service)

Google may also stop providing Services to you, or add or create new limits to our Services at any time. (Source: Terms of Service)

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER GOOGLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. (Source: Terms of Service)

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. (Terms of Service)

11. Are there explicit terms and conditions allowing the consumer to access (view only) his data? Yes
For what concerns personal information, the Privacy Policy explicitly confers to the customer the right to review and control (and, therefore, to access) it.

For what concerns, more generally, the data stored on the device, we may affirm that the access right is implied by the consumer's responsibility to manage this data (responsibility stated both by the Terms of Sale and the Terms of Use).


Whenever you use our services, we aim to provide you with access to your personal information. (Source: Privacy Policy)

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. (Source: Terms of Service)

[Y]ou can [...] Review and control certain types of information tied to your Google Account by using Google Dashboard. (Source: Privacy Policy)

''You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device. (Source: Terms of Sale, Terms of Use)

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it. (Source: Privacy Policy)

12. Are there explicit terms and conditions allowing the consumer to delete his data? Yes
It is customer's responsibility to delete any data stored on his device: therefore he is allowed to data deletion.

The customer can also decide to completely delete his Google account.


You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device. If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. (Source: Terms of Sale, Terms of Use)

Before you deliver your Device for warranty service, it is your responsibility [...] to factory reset your Device before delivering it. (Source: Terms of Sale)

Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it. (Source: Privacy Policy)

[Y]ou can delete your entire Google account. (Source: Privacy Policy)

13. Are there explicit terms and conditions allowing the consumer to export (with proprietary format) his data? Yes
It is customer’s responsibility to back-up the data stored on his device, and periodical backup is even strongly recommended both by the Terms of Use and the Terms of Sale: therefore, the customer is allowed to data export.


You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. [...] We strongly recommend that you back up your data periodically. (Source: Terms of Sale, Terms of Use)

Before you deliver your Device for warranty service, it is your responsibility to backup any data, software, or other materials you may have on your Device [...]. We will not be responsible for any data, software, or materials that are lost or reformatted. (Source: Terms of Sale)

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. (Source: Terms of Service)

14. Are there explicit terms and conditions allowing the consumer to export (with open format) his data? Not available
The customer is allowed to export data, but the contract does not specify the export format.


You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. [...] We strongly recommend that you back up your data periodically. (Source: Terms of Sale, Terms of Use)

15. Does the provider reserve to himself the right to unilaterally modify terms and conditions? Yes
The Terms of Sale can change, but they won't apply retroactively to purchases already done.

In case of software updates, the terms concerning the software may change, and the customer can continue to use the software only if he agrees with such changes. The Terms of Use concerning the device and the Terms of Service concerning the services that can be accessed (also) through the device can be unilaterally changed by Google: they won't apply retroactively, but - in order to continue to use the device (or the particular service enjoyed through the device) - the customer has to agree with such changes. The Privacy Policy can change, but - when these changes cause a reduction in customer’s rights - Google requires customer's explicit consent.


Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. Use of that software may be subject to additional licensing terms. (Source: Terms of Sale)

The Terms in effect at the time you purchase or place an order for the Device will apply to such purchase or order and Device. Google reserves the right to make changes to these Terms from time to time, and any such changes will apply to future purchases or orders. (Source: Terms of Sale)

We may modify these Terms to, for example, reflect changes to the law or changes to our services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you should discontinue your use of the Device. You may view the current version of the Terms on the Glass website. (Source: Terms of Use)

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. (Terms of Service)

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review. (Source: Privacy Policy)

16. Does the provider reserve to himself the right to unilaterally modify the software? Yes
The embedded software is subject to automatic updates, which could fix bugs, enhance functionalities, or realize other non-specified aims.


Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. (Source: Terms of Sale)

From time to time, the Device may check with remote servers (hosted by Google or by third parties) for available updates to both the Glass software and any Glass services you have enabled, including but not limited to bug fixes or enhanced functionality. Such updates may be automatically requested, downloaded, and installed without further notice to you. (Source: Terms of Use)

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings. (Source: Terms of Service)

Technical characteristics

1. Which is the duration of the provider role? Recurring
Certainly, several of the Google services that can be enjoyed through the Google Glass require a continuing involvement of Google. However, the enjoyment of the Google Glass in itself seems rather to require only a recurring involvement, e.g. for software updates, remote deactivation if the device is lost or stolen, removal of services that violate law, etc.

It is true that - in order to make use of any enhanced functionality of the Device - there is need for a Google account, whose enjoyment - we can imagine - requires a continuing involvement of Google: however, given the fact that a "basic" use doesn't require Google account, we won't take this aspect into consideration in answering this question.


Google may also provide software updates/upgrades that you will need to install in order to make the best possible use of the functionality of your Device and/or Google services on your Device. (Source: Terms of Sale)

From time to time, the Device may check with remote servers (hosted by Google or by third parties) for available updates to both the Glass software and any Glass services you have enabled, including but not limited to bug fixes or enhanced functionality. Such updates may be automatically requested, downloaded, and installed without further notice to you. (Source: Terms of Use)

Google may discover a Glass service that violates Google developer terms or other legal agreements, laws, regulations or policies. The Device will periodically download a list of such Glass services from Google’s servers. Google may remotely disable or remove any such Glass service from user systems in its sole discretion. (Source: Terms of Use)

If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. (Source: Terms of Sale, Terms of Use)

Use of certain Device features may require that you open a Google account. (Source: Terms of Use)

In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. (Source: Terms of Sale)

2. Is the branded hardware necessary for product usability? No
If we consider as "product" the Google services (and the third-party services authorized by Google), the Google Glass device isn't usually necessary in order to enjoy those services: services like Gmail, Google Maps, Google+, etc. can be enjoyed via different device types and brands. However, if a service is offered ONLY on the MyGlass app, thus it can used on the Google Glass.


Google offers a companion Android and iOS app called MyGlass, which allows the user to configure and manage the device. (Source: https://en.wikipedia.org/wiki/Google_Glass#MyGlass)

If you install or enable any software or services on the Device through any means other than the MyGlass interface or as otherwise authorized by Google, or make unauthorized alterations to the Glass software or Glass services: (i) you may no longer be eligible to receive any customer or technical support from Google for your Device, and (ii) any limited product warranty provided under the applicable terms of sale may be void and no longer apply to your Device. (Source: Terms of Use)

3. Is the branded software necessary for product usability? Not processed
Obviously, the branded software isn't necessary for the use of the product when neither the branded hardware is used [see TC 2].

Outside this hypothesis, I can't for the moment say if it would be technically possible to use the product with a third-party software.


Google offers a companion Android and iOS app called MyGlass, which allows the user to configure and manage the device. (Source: https://en.wikipedia.org/wiki/Google_Glass#MyGlass)

This limited warranty applies only to hardware components and Google does not provide any warranty for damage caused by normal wear and tear, accidents, misuse (including failure to follow product documentation and plugging the device or other included parts into the wrong type of port), neglect, disassembly, alterations and external causes such as but not limited to extreme thermal or environmental conditions (including but not limited to moisture and heavy dust), installation or enabling of unauthorized software or services, unauthorized alterations to the Glass software or Glass services, unauthorized resale, lease, rental, or commercial use. (Source: Terms of Sale)

If you install or enable any software or services on the Device through any means other than the MyGlass interface or as otherwise authorized by Google, or make unauthorized alterations to the Glass software or Glass services: (i) you may no longer be eligible to receive any customer or technical support from Google for your Device, and (ii) any limited product warranty provided under the applicable terms of sale may be void and no longer apply to your Device. (Source: Terms of Use)

4. Is the branded "service" necessary for product usability? Yes
The use of any enhanced functionality of the device requires the creation of a Google account.

The enabling of services on the device and, more generally, its configuration and managing require the use of the MyGlass app.


Google offers a companion Android and iOS app called MyGlass, which allows the user to configure and manage the device. (Source: https://en.wikipedia.org/wiki/Google_Glass#MyGlass)

In order to make use of any enhanced functionality of your Device, you may have to sign in to your Google account or open a Google account if you do not yet have one. (Source: Terms of Sale)

Use of certain Device features may require that you open a Google account. (Source: Terms of Use)

You may enable Glass services on the Device through the MyGlass interface. These Glass services may be developed by Google or third parties, and may be subject to additional terms. (Source: Terms of Use)

5. Do the device's administration rights belong to the product provider? Not available
Even if it is always difficult to verify whom the administration rights belong to (even if at the following link it is stated that the Android stack on Google Glass doesn't support admin feature: http://stackoverflow.com/questions/27740677/how-to-activate-device-admin-on-google-glasses/27741493#27741493; and even if the fact that the MyGlass app must be used in order to enable Glass services let us believe that Google is the device administrator), in any case Google's ability to remotely deactivate the device makes it calling the shots.


If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. (Source: Terms of Sale)

The company’s terms of service on the limited-edition wearable computer specifically states, “you may not resell, loan, transfer, or give your device to any other person. If you resell, loan, transfer, or give your device to any other person without Google’s authorization, Google reserves the right to deactivate the device, and neither you nor the unauthorized person using the device will be entitled to any refund, product support, or product warranty.” [...] The company knows if the eyewear was transferred because each device is registered under the buyer’s Google account. (Source: Google is Forbidding Users from Reselling Loaning Glass Eyewear)


Deactivation does not automatically delete personal or other data stored on your Device. (Source: Terms of Sale, Terms of Use)

Google may discover a Glass service that violates Google developer terms or other legal agreements, laws, regulations or policies. The Device will periodically download a list of such Glass services from Google’s servers. Google may remotely disable or remove any such Glass service from user systems in its sole discretion. (Source: Terms of Use)

You may enable Glass services on the Device through the MyGlass interface. These Glass services may be developed by Google or third parties, and may be subject to additional terms. (Source: Terms of Use)

6. Which possibilities does the consumer have to dispose of his data? Access, Deletion, Data export
The customer can access his data and export them (even if it is not clear in which format). However, if a service ceases to be provided - or if the device itself is deactivated -, access and export are not possible anymore: nonetheless, for what concerns the services, Google strives to provide the customer with reasonable notice, in order to give him the possibility to get the data out; for what concerns the device deactivation, it should be carried out by Google only under explicit customer's request or in case of customer's breach of the contract.

The customer can delete data from the device and even factory reset it. However, data deletion can't be done remotely: it is anyway possible to ask Google for remote deactivation, which however won't delete data stored on the device.


Moreover, we must highlight that Google Glass - albeit belonging to the IoT world - is more like a smartphone (therefore an interface) than a classical IoT product whose main value resides in the data collected by itself in an autonomous way (at least, for the consumer the main value doesn't resides in it): therefore, data that value the most for the consumers are data that are saved by them on the device and data that are collected by the device's sensors because of the direct intervention of the consumer (messages, phone numbers, photos, videos, etc.). This kind of information causes less access/deletion/export/interoperability issues than raw data automatically collected by the device, because the consumer expects to do all these activities with it, therefore the providers are less stimulated to prevent this kind of actions.

You are responsible for managing any data stored on your Device, including, for example, deleting, transferring and creating back-ups of such data. For example, if you decide to cancel your order and return the Device, or if you have to send a Device to Google for replacement, it is your responsibility to erase all personal or other data on the Device before sending it to Google. Google will not be responsible for any use or disclosure of any data that resides on a Device. If you tell Google that you have not received your Device, the Device is defective, or it has been lost or stolen, Google may deactivate that Device. Deactivation does not automatically delete personal or other data stored on your Device. We strongly recommend that you back up your data periodically. (Source: Terms of Sale, Terms of Use)

Before you deliver your Device for warranty service, it is your responsibility to backup any data, software, or other materials you may have on your Device, and to factory reset your Device before delivering it. We will not be responsible for any data, software, or materials that are lost or reformatted. (Source: Terms of Sale)

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. (Source: Terms of Service)

Usability

1. Can the consumer enjoy the product for an unlimited period? No
There is always a risk of device deactivation by Google (see TC5).

If the customer doesn't agree with Google's unilateral modifications of the contractual terms, he can't use the device anymore (see CC9). It is forbidden to use the device with third-party unauthorized services (see CC8); some Google services are necessary in order to enjoy any Google Glass enhanced functionality (see TC4); and Google can at any time cease to provide its services, even without reason (see CC10): therefore, there is always the risk of seeing the device purchase becoming useless or almost useless.

2. Can the consumer sell the device? No
The Google Glass resale, lease or rent would be a breach of contract (see CC6).

Practically it would anyway be difficult for the customer to transfer the device to another person, because:

  • the use of any Google Glass enhanced functionality requires the use of a Google account (see TC4);
  • only the customer's Google account can be used in combination with the single Google Glass device (see CC7);
  • Google can know if a Google Glass device is matched with another account (see CC6);
  • the material transfer of the customer's account to the second acquirer (i.e. the mere revelation of the account credentials) would be really difficult to implement, because of the really personal nature of many of the services associated with a Google account (see CC7).
3. Can the consumer transfer the account? No
The consumer can't formally transfer the account, and even the mere practical transfer (i.e. the mere revelation of the credentials) seems to be difficult to implement (see CC7).
4. Can the consumer delete his data? Yes
The customer is contractually allowed to delete information from the device (see CC12).

Technically speaking, he can delete data from his device, even at the point of factory reset it (see TC6). However, remote deletion isn't technically possible (see TC6), but the customer can ask Google for remote deactivation of the device in case of loss or stealing (see CC12).

5. Can the consumer delete his account? Yes
The consumer can completely delete his account (see CC12).
6. Can the consumer use his data? Yes
The consumer is contractually allowed to access (see CC11) and backup (see CC13) his data, until the device is activated and the services are provided (see TC6).

It is not clearly stated in which format(s) the export is possible (see CC14), but we can be optimist, because Google Glass is a kind of hands-free smartphone: like on a smartphone, people expect to be able to do access/deletion/export/interoperability activities (this expectation is for the moment minor in "traditional" IoT products - which are those IoT products whose greater consumer value is in automatically collecting data and enabling the automated or remote control of an environment, and which often don't even have an embedded interface making the consumer really aware of the data stored on them), and therefore the providers are less stimulated to prevent this kind of actions (see TC6).

7. Can the consumer use the HW and SW in combination with third party SRV? No
The customer can use the hardware and software in combination with a third party service only if this service is authorized by Google (see CC8). Moreover, in order to use certain device features, some services provided by Google (i.e. the Google account and the MyGlass app) remain essential (see TC4).
8. Can the consumer use the HW and SRV in combination with third party SW? No
The contract states that if unauthorized software is installed on the device, the customer can neither benefit of the limited product warranty, nor of the customer and technical support(see CC1).
9. Can the consumer use the SW and SRV in combination with third party HW? Not processed
It is possible to use (most of) the services in combination with third-party hardware (see TC2), but I can't say for the moment if the software can be used in combination with third-party hardware (see TC3).
10. Can the consumer use the HW in combination with third party SW and SRV? No
I can't say for the moment if the hardware could be technically used in combination with third-party software (see TC3).

However, contractually speaking, the contract states that if unauthorized software is installed on the device, the customer can neither benefit of the limited product warranty, nor of the customer and technical support(see CC1). Moreover, for what concerns the third-party service, the contract states that the device can be used in combination with third-party services only if they are authorized by Google (see CC8).

11. Can the consumer use the SW in combination with third party HW and SRV? Not processed
I can't say for the moment if the software can - technically (see TC3) and contractually (see CC4) - be used in combination with third-party hardware and service.
12. Can the consumer use the SRV in combination with third party HW and SW? Yes
Those Google services which are not exclusively provided on the MyGlass app can be used also in combination with third-party devices (hardware + embedded software) (see TC2).

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