AWS IoT BUTTON TERMS OF USE

These AWS IoT Button Terms of Use (the “Terms”) govern your use of the AWS IoT Button offered by Amazon Web Services, Inc. (“we,” or “us”), and together with the privacy policy currently referenced at http://aws.amazon.com/privacy, as we may update it from time to time, your AWS Customer/Enterprise Agreement, the AWS IoT Button Agreement, the Service Terms and the other applicable rules, policies, and terms posted on the http://aws.amazon.com website or provided with the AWS IoT Button or any Service, are collectively the “Agreement”. Use of the AWS IoT Button constitutes your agreement to these Terms.

Definitions

“AWS IoT Button” means the Wi-Fi connection-enabled AWS IoT Button device that interacts with Services by sending messages via MQTT/HTTP or other Amazon designated protocol.

“Service(s)” means each of the web services we or our affiliates make available for use with the AWS IoT Button, including AWS Lambda and select other web services designated in the Service Terms.

“Service Terms” means the terms and conditions for use of particular Services located at http://aws.amazon.com/service-terms, as they may be updated by us from time to time.

“Software” means all software that is required for or otherwise facilitates AWS IoT Button’s interaction with the Services (including updates and upgrades to that software) and any related documentation that we make available to you.

1. Use. Any use of AWS IoT Button and the Services in excess of or beyond the scope of AWS Services is expressly prohibited. AWS IoT Button and the Services accessed through it may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your AWS account, devices and from peripherals (including, without limitation, servers and computers) connected thereto. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF AWS IOT BUTTON AND ANY SERVICE ACCESSED THROUGH AWS IOT BUTTON, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical or other support for AWS IoT Button.

2. Device and Software

Using AWS IoT Button. You must have an AWS account to use AWS IoT Button, and you may access certain Services through AWS IoT Button. A full list of the Services that you may access from your AWS IoT Button, which is subject to change, is available at http://aws.amazon.com.

AWS IoT Buttons and Use of Software. To access and use the Services through your AWS IoT Buttons, you will need an Internet connection. If the AWS IoT Button is located in an area in which it cannot maintain Internet connectivity, you may not be able to access and use some or all of the Services. The Software may only be used in connection with an AWS IoT Button and may not be used for any other purpose. For additional terms that apply to the Software, see the Additional Amazon Software Terms that may accompany the Software.

Feedback. In the absence of a separate written agreement to the contrary, we may use any feedback, suggestions, comments, or input provided for any purpose.

Limitation and Restrictions on Use. You will use AWS IoT Button only for purposes permitted by this Agreement, within the Territory and in compliance with all applicable laws and regulations. You will not reproduce, reconstruct, deconstruct, reverse engineer, decompile, disassemble, interfere with, obstruct, copy, duplicate, sell, resell, rent, or trade AWS IoT Button or any Service (or any parts thereof) for any purpose.

AWS IoT Buttons you configure must not:
(a) promote or contain pornography or sexually explicit, obscene, violent, harassing, discriminatory, libelous or defamatory materials;
(b) promote hatred or discrimination or any activity or content that in our judgment is inappropriate or offensive, or employ discriminatory practices based on race, gender, religion, nationality, disability, sexual orientation, age or any other protected class or facilitate or undertake illegal or potentially illegal activities;
(c) violate or infringe or promote the violation or infringement of any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights);
(d) operate as a gambling business (including without limitation online gambling (e.g., poker), lotteries (e.g., sale of lottery tickets), raffles, sports forecasting, and odds-making);
(e) be used in or in association with the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; or military or aerospace applications, weapons systems or environments.

Additional Requirements
You agree that in connection with your use:
(a) you will display or otherwise provide to end users, and not otherwise remove, modify or obscure, any attributions, copyright information and other notices, terms and conditions that we may provide to you or that you may be required to provide to end users including based on your use of third party “open source” software or other third party intellectual property in any of your AWS IoT Buttons;
(b) you will not remove, disable, circumvent or interfere with any of the features or domains we make available or facilitate or provide access to the AWS Services through any means other than through the authentication methods we specify, and you will not disable, circumvent or avoid any security device, mechanism or protocol of the AWS Services; and
(c) you will be solely responsible for determining and complying with any applicable legal, regulatory or policy restrictions or requirements related to your use of the AWS IoT Buttons or the design, manufacturing, marketing, offer for sale, sale, distribution, use, and operation thereof.

3. General

Information Received. We may receive information about the use of your AWS IoT Button and its interaction with the Services (such as voice information, available memory, operational status, battery life, signal strength and IP location data). Information we receive may be stored on servers outside the Territory. We will handle any usage information we receive through your use of the AWS IoT Button and Software in accordance with the privacy policy currently referenced at http://aws.amazon.com/privacy, as it may be updated by us from time to time.

Changes to Services; Amendments. We may change, suspend, or discontinue the operation of the Services or Software on or in connection with AWS IoT Button, or any part of them, at any time without notice. We may amend these Terms at our sole discretion by posting the revised terms on the http://aws.amazon.com website. Continued use of AWS IoT Button, the Software or any Service after the effective date of the revised Terms constitutes your acceptance of theTerms, including for any Services accessed or triggered using a previously configured AWS IoT Button.

Termination. Rights under the Agreement will automatically terminate without notice for failure to comply with any of its terms. In case of such termination, we may immediately revoke access to the Services. Our failure to insist upon or enforce strict compliance with this Agreement will not constitute a waiver of any of our rights.

Disputes/Binding Arbitration. These Terms are governed by the U.S. Federal Arbitration Act, applicable U.S. federal law, and Washington state law, without reference to any applicable conflict of laws rules, the Convention on Contracts for the International Sale of Goods, or any local laws implementing the Convention on Contracts for the International Sale of Goods in any jurisdiction where you may use the AWS IoT Button. Except as otherwise expressly stated below, any dispute arising out of these Terms will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Commercial Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 USD unless the arbitrator determines the claims are frivolous. Arbitration conducted in person will be in King County, Washington or at another mutually agreed location; however, you may choose to have the arbitration conducted by telephone or based on written submissions. You and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. You and we also both agree that either Party may bring suit in court to enjoin infringement of or otherwise enforce intellectual property rights.

NO WARRANTY. Certain Services contain functionality that allows them to accept AWS IoT certificates issued by AWS IoT Button (hereinafter referred to as “IOT CERTIFICATES”). YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON SUCH AWS IOT CERTIFICATES AND THE SERVICES, AND YOUR USE OF SUCH DIGITAL CERTIFICATES AND THE SERVICES IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE AWS IOT BUTTON, THE AWS IOT CERTIFICATES AND SERVICES ACCESSED THROUGH AWS IOT BUTTON ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AWS, AWS’S AGENTS AND AWS’S LICENSORS (COLLECTIVELY REFERRED TO AS “AWS” FOR THE PURPOSES OF THIS DISCLAIMER AND THE FOLLOWING LIMITATION OF LIABILITY SECTIONS) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES ACCESSED THROUGH AWS IOT BUTTON AND/OR AWS IOT CERTIFICATES, EITHER EXPRESS, IMPLIED OR STATUTORY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. AWS DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF AWS IOT BUTTON, THE SERVICES ACCESSED THROUGH AWS IOT BUTTON, OR THE IOT CERTIFICATES, THAT THE OPERATION OF AWS IOT BUTTON, THE AWS IOT CERTIFICATES OR THE SERVICES ACCESSED THROUGH AWS IOT BUTTON WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS OR ERRORS IN AWS IOT BUTTON, THE AWS IOT CERTIFICATES OR THE SERVICES ACCESSED THROUGH AWS IOT BUTTON WILL BE CORRECTED, OR THAT AWS IOT BUTTON, THE AWS IOT CERTIFICATES OR THE SERVICE ACCESSED THROUGH AWS IOT BUTTON WILL BE COMPATIBLE WITH FUTURE AWS OR AMAZON PRODUCTS, SERVICES OR SOFTWARE, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH AWS IOT BUTTON, THE AWS IOT CERTIFICATES OR SERVICES ACESSED THROUGH AWS IOT BUTTON WILL NOT BE LOST, CORRUPTED OR DAMAGED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AWS OR AN AWS-AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SHOULD AWS IOT BUTTON, THE AWS IOT CERTIFICATES, OR THE SERVICES ACCESSED THROUGH AWS IOT BUTTON PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL AWS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF AWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU ACKNOWLEDGE AND AGREE THAT AWS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM OR RELATED TO YOUR USE OF AWS IOT BUTTON, THE AWS IOT CERTIFICATES, OR ANY SERVICE ACCESSED THROUGH AWS IOT BUTTON, INCLUDING, BUT NOT LIMITED TO, ANY SCHEDULED OR UNSCHEDULED MAINTENANCE, SERVICE INTERRUPTIONS, LOST OR STOLEN DATA, ANY LIABILITY FROM YOUR ACCESS TO DEPLOYMENT DEVICES THROUGH THE USE OF AWS IOT BUTTON, THE AWS IOT CERTIFICATES OR ANY SERVICE ACCESSED THROUGH AWS IOT BUTTON (INCLUDING ANY PRIVACY VIOLATIONS RELATED THERETO) OR FOR AWS PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS. YOU ACKNOWLEDGE AND AGREE THAT AWS IOT BUTTON, THE AWS IOT CERTIFICATES, OR ANY SERVICES ACCESSED THROUGH AWS IOT BUTTON IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE ERRORS, DELAYS, FAILURES OR INACCURACIES IN THE TRANSMISSION OF DATA OR INFORMATION THROUGH THE SERVICE COULD LEAD TO DAMAGE OF ANY KIND INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, OR FINANCIAL, PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE. WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS IN YOUR AWS CUSTOMER AGREEMENT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL AWS’S AGGREGATE LIABILITY UNDER THESE TERMS WITH RESPECT TO ANY CLAIM EXCEED THIRTY DOLLARS ($30.00).

Severability. If any term or condition of these Terms is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

Conflicts. In the event of a conflict between any term of these Terms and any term of any other portion of the Agreement, the conflict will be resolved by determining precedence in the following order: the AWS Customer Agreement, the AWS IoT Button Agreement, the Service Terms, these Terms.

Contact Information. For help with your AWS IoT Button, any Service or resolving other related issues, please contact Customer Service by visiting https://aws.amazon.com/contact-us/.