Terms of Use for the Google Assistant Broker Service and Fidelity Actions

This Agreement governs your use of the Google Assistant Broker Service (the "Service") and the Fidelity Action (the "Action") on any Google Assistant service ("Google Assistant") and on any Google Assistant-enabled device. The Service and/or Action will allow you to link your Fidelity account(s) (your "Account") to Google Assistant and to obtain available data related to your Account (the "Data") within the Google Assistant application.

By selecting "I agree" below and enabling the Service and/or Action, you agree to the following terms and conditions. Your use of the Service and/or the Action is conditioned on your acceptance of this Agreement. If you do not accept these terms, you will be unable to access any Data through the Service and/or Action.

  1. The Service and Action are keyboard and voice-driven functionalities which enable you to access certain information about Your Account on devices that connect to Google Assistant, including but not limited to your mobile phone, tablet, and Google Home devices ("Connected Devices"). The Agreement applies in addition to, and is not intended to replace, any other agreement that may apply in connection with your Account or the use of the Service and/or Action.
  2. You authorize Google LLC and its affiliates ("Google") to use its proprietary and third party technology to access your Account and your Data pursuant to any and all commands you may provide to Google Assistant, orally or otherwise, and you direct Fidelity to provide Google with ongoing access to your Account and Data, including but not limited to your nonpublic personal information, any personally identifiable financial information, and any Data that may relate to your use of the Service and/or Action.
  3. Google is authorized by you to access your Account and to receive and transmit the Data on your behalf and for your convenience.  By allowing Google to establish connectivity with your Account and to access Data, you agree that Google is passing Data on your behalf. You further acknowledge and accept the following:
    1. Fidelity did not design or manufacture Google Assistant, the Service, or the Action; any services related to Google Assistant; your Google Assistant-enabled device; or any other Connected Device that also runs other software (e.g., Google Assistant and other third-party applications) that we did not write or design and do not have control over. It's possible that Google Assistant will not hear your voice correctly, will not accept any typed or written commands correctly, will incorrectly translate what you said, or even say something to you that is different than the information provided to Google Assistant. By accepting this Agreement, you understand and agree that Fidelity is not responsible for inaccuracies or any problems whatsoever related to your interactions with Fidelity via the Google Assistant or any Connected Device. If you have any issues or doubts about the accuracy of your interactions with Fidelity via the Google Assistant, you should review and reconcile your Account details at fidelity.com.
    2. Google will have access to any Account-related information or Data you provide through Google Assistant and the Account-related information or Data provided by Fidelity to you in response.
    3. Any communication to Fidelity via Google Assistant and the Service and/or the Action will be treated by Fidelity as a communication authorized by you, and any communication from Fidelity via Google Assistant in response to a request received from your Google Assistant-enabled device will be treated by Fidelity as a communication to you.  You are solely responsible for all your interactions with Fidelity via the Google Assistant.
    4. You understand that someone other than you could interact with Fidelity via Google Assistant, or that someone could overhear you interacting with Fidelity via Google Assistant and learn information about your Account.  You further understand it is possible that Google Assistant (and any equipment Google Assistant is installed on) and/or Google will record and store your interactions with the Action or with Google Assistant. Consult your agreements with Google to learn more about how Google and your Google Assistant-enabled device treat those interactions.
    5. Please be aware that anyone with access to your Google Assistant-enabled device may be able to ask questions about your Account or access your Data.
    6. Before using Google Assistant, the Service and/or the Action, you are reminded that your use is subject to the Google Assistant terms of service, including any and all usage rules and policies and the applicable terms of use.  Please review all such terms before using Google Assistant, the Service, and/or Action. Your use of the Service and/or Action and all Google Assistant-related services is conditioned on your acceptance of these terms. By accepting these terms, you are also re-affirming that your use of Google Assistant and the Service and/or Action is subject to this Agreement and any other agreements you may have with Fidelity.  By continuing to use Google Assistant, the Service, and/or Action, you are re-affirming that you are bound by this Agreement.
  4. It is solely your responsibility to maintain the physical security of your Connected Devices and the confidentiality of the information and services accessible through Connected Devices.
  5. Once you set up your Connected Device with Google Assistant, the Service and/or Action, you are authorizing Fidelity to provide information to that device based on the device's security settings. For example, the settings on your Connected Device may allow the device to retrieve Data or information about your Account(s) based on only verbal requests from anyone who uses any Connected Device, or to save information about your Account(s) for easier access. By enabling the Service and/or Action on your Google Assistant-enabled device, you are responsible for how the Service and/or Action are used (including any communication to or from Fidelity from your device).
  6. Any transmission of Data, any action you may take or response you may receive relative to your Account or the Service and/or Action, and Fidelity's connectivity to the Service and/or Action do not constitute a recommendation by Fidelity to invest in any security or utilize any investment strategy, nor do they constitute a representation, warranty or other guarantee as to the present or future value or suitability of any transaction involving any security or any other investments. The information, tools, and services provided by Google through Google Assistant shall not constitute any endorsement by Fidelity.
  7. We may change, suspend, or discontinue the Service and/or Action, or any part of them, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on our website at www.fidelity.com/mobile.  Your continued use of the Service and/or Action after the effective date of the revised Agreement constitutes acceptance of the terms.
  8. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the Service and/or Action.
  9. You consent to and accept any and all risks associated with your sharing of information, voice commands and other instructions given by you, as well as your Account information and the Data with Google Assistant and Google, as well as any third parties with which it may share information. You further understand and agree that by using Google Assistant and the Services and/or the Action, you have chosen on your own to do business with Google at your own risk; that Fidelity has not and is not endorsing, recommending, or vouching for Google; and that you accept full responsibility for selecting and doing business with Google.
  10. The Fidelity Customer Protection GuaranteeOpens in new window or any similar guarantee does not apply to any activity you conduct related to your Account through Google or Google Assistant, as your instructions are being submitted to Google and not Fidelity. Fidelity is not responsible for any technological issues or failures on the part of Google in connection with your interactions with Google Assistant or your use of any Google technology or functionality.
  11. You agree to consult your official Fidelity Account statements for information regarding all balances, positions, and transactions. You understand and acknowledge that Fidelity does not provide any assurances that your Account information or Data will be timely, accurate, complete, or error-free once it is accessed and transmitted by Google on your behalf, nor will your use of the Service and/or Action. Fidelity is not responsible in any way for the accessing, handling, and use of the Data or your Account information by Google or its affiliates.  Fidelity will not be responsible or liable for any loss or damages arising out of your use of Google or Google Assistant to access any information related to your Account or the Data, including any delay in receipt or accuracy of information, or any loss arising from any form of identity theft or fraudulent activity related to the actions or omissions of Google or its partners.
  12. You acknowledge and agree that all use of Google Assistant, the Service and/or Action is at your sole risk. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND/OR ACTION, THAT IT IS PROVIDED “AS IS,” AND THAT FIDELITY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. FIDELITY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIDELITY, OR THROUGH OR FROM GOOGLE ASSISTANT, THE SERVICE, AND/OR ACTION, WILL CREATE ANY WARRANTY OF ANY KIND.
  13. This Agreement is deemed to be made under and shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflict of laws provisions.  The parties hereby submit to the jurisdiction and venue of the state and federal courts of the Commonwealth of Massachusetts for purposes of all legal proceedings arising out of or relating to this Agreement.  EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF.

881341.1.0