They say expressly when it will be removed in the ToS, if it doesn't meet any of those conditions, then they, contractually, cannot delete it.
But saying that "because they can, they can" is silly. I "can" (as in able to) break into your house and steal your shit. By that logic, if I can do it, it wasn't trespassing or theft.
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 services (or, if the subject of the claim
is the free service, to supplying you the services again).
In other words, they can delete *your* data any time they want and claim it was an accident. If you don't like it, you can sue for your money back. If you're using the free tier, you can expect $0.
a limit on liability, does not mean there is a limit on damages and tort.
This is exactly what Google intends it to mean. Good luck convincing a judge otherwise.
In some places, the fact there is no signed contract and no exchange took place (free tier) means there is no liability --- the user received everything they paid for.
Scenario A: I take a photo. There is no backup. Is this my data?
Scenario B: I have multiple independent backups of a document. Google deletes the main copy off my computer against my will. Is that "not my data" because Google deleted it? Does the deletion not count because I have a backup? Third option?
But saying that "because they can, they can" is silly. I "can" (as in able to) break into your house and steal your shit. By that logic, if I can do it, it wasn't trespassing or theft.