Google is ready to throw in the towel and settle the lawsuit over its collection of data when users have Incognito Mode enabled in Chrome.

Incognito Mode falsely gave users the impression that Google would not collect their data, even though the company did exactly that. In fact, internal company emails showed that Google knew Incognito Mode wasn’t truly private.

“Make Incognito Mode truly private,” marketing chief Lorraine Twohill wrote in an email to CEO Sundar Pichai, highlighting ways the company could gain user trust. “We are limited in how strongly we can market Incognito because it’s not truly private, thus requiring really fuzzy, hedging language that is almost more damaging.”

After failing to have the lawsuit dismissed, and failing to get a summary judgment, it appears Google doesn’t want to fight it anymore, with court documents showing both sides are willing to settle the case.

Through mediation facilitated by the Honorable Layn R. Phillips, Plaintiffs and Google LLC have agreed to a binding term sheet that would resolve the claims in this litigation, pending the Court’s approval. The Parties are presently preparing a final and definitive settlement agreement, which they anticipate executing within 30 days of this filing and then presenting for this Court’s approval within 30 days thereafter.

Although the initial document does not list the terms, it’s a safe bet they include Google destroying whatever data it collected and limiting such collection in the future.

Hopefully, the action results in a more private Chrome browser for all users, and serves as a warning to companies to avoid false advertising in their privacy claims.