Google has taken another step toward the Google Glass consumer launch by quietly adding language about price reductions, promotional offers and internet connectivity to the device’s official Terms of Sale. That’s not all: Google also removed a section about Glass being a beta product.
Details on the changes are below, but first a short overview:
The Terms of Sale was republished on August 19th — the first update since June 24th, which was two days before Google I/O and also the same day that Google announced the new, 2GB RAM version of Glass.
Even after some obvious editing to make the TOS more concise, it’s still a looooong document. There are numerous small changes, such as the removal of a list of the types of support Google will provide, which is replaced by a link to the Glass Support pages.
But the biggest changes we’ve been able to find come in the “Prices and Taxes” section, a new section about internet connectivity, and the removal of a section about Glass being a beta product. Let’s tackle “Prices and Taxes” first….
Price Reductions & Promotional Offers
Google was cool enough to archive the previous TOS, which lets us make a direct comparison of the old language and the new.
Old “Prices and Taxes” Section
The Device price displayed on the site does not include any shipping and handling charges. Information about shipping and handling charges can be found here and will also be presented at checkout.
All applicable taxes will be presented at checkout, even if they are not displayed on the product page. All prices displayed on the Devices on the Glass website are subject to change at any time without notice.
New “Prices and Taxes” Section
Emphasis below is mine, to show the new language in the last two paragraphs.
The Device price displayed on the Glass site does not include any shipping charges. For the Glass Explorer Edition Device, Google will not charge you for shipping and handling or restocking fees of your Device for initial delivery of your Device, if you cancel your order or return your Device during the 30 day return period, or in the case of unsuccessful pickup or delivery. Google reserves the right to charge for shipping and handling for warranty service.
Applicable taxes will usually be presented at checkout or on the Device description page; however, in some circumstances we may notify you that you are responsible for determining whether certain taxes apply.
All prices displayed on the Glass site or in person by a Google representative are subject to change at any time without notice.
Should Google reduce its price on any Device within 30 days from the date you order it, you must contact Glass Support within 30 days of the price change to request a refund or credit for the difference between the price you were charged and the reduced price.
Google may also provide promotional offers or prices related to the sale of Devices. If so, any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.
To my knowledge, this is the first time that Google has formally (and legally) mentioned a Google Glass price reduction, as well as “promotional offers or prices.” Sure, Glass Guides have made forum comments like “We expect the price to go down when Glass is launched to the public,” but that’s not the same as making legal references in the TOS.
This doesn’t guarantee that there will be a price reduction and/or promotional offers, but it lays a legal foundation for some of the customer service questions that might come up if it happens.
Internet Connectivity
Near the end of the new TOS is a section titled “Device Features Outside of Google’s Control,” which explains how Glass doesn’t come with a cellular, wireless or any other Internet connectivity plan. That’s not news to anyone, but there’s a lot of language that suggests Google might eventually sell Glass through wireless providers in much the same way that smartphones are now sold. Consider this (and note that the word “device” below refers to Glass or Glass accessories):
If your Device requires a SIM card, or any other mobile connectivity feature required by your Wireless Carrier or Internet Service Provider, you are solely responsible for obtaining such connectivity feature(s). If your Device includes WiFi functionality that allows you to access the Internet, you understand that you will need access to an 802.11a/b/g/n WiFi access point.
You agree that, unless specifically provided in any Device description page, Google has no responsibility for the provision of cellular data services, wireless services or other Internet connectivity services, or the terms under which Wireless Carriers or Internet Service Providers may offer those services. Internet Service Providers and Wireless Carriers may charge you for usage and other fees that Google does not control.
That’s just a portion of this new section. Here’s the TOS link again if you want to go read it all for yourself.
Beta Product Mention Removed
The last notable change is the removal from the old TOS of a section entitled “Beta Product.” The text was as follows:
Glass is in beta, and your testing and feedback are an important part of the Explorer program. By participating, you acknowledge that implementation of some Glass features and services are still under development and that you should not rely on the Device, software, or Glass services having the full functionality of a consumer release.
That disclaimer is gone from the new TOS. In fact, the word “beta” isn’t mentioned in the new TOS.
Final Thoughts
The new Glass Terms of Sale is obviously a step toward the public launch of Glass — and potentially a big step if the changes for which Google is setting the legal groundwork actually happen.
But I should also remind readers that the launch may not happen in 2014. Back in May, Sergey Brin said he wasn’t sure if Glass will go public in 2014. Last we checked with Google’s communications folks, that was still the party line.
Comments are open per our comment policy. What are your thoughts on the TOS changes?
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