Amazon Monitron Device Terms of Use

This is an agreement between you and Amazon.com Services LLC (with its affiliates, "Amazon," “us” or "we"). Please read these Amazon Monitron Device Terms of Use and the Amazon.com Privacy Notice (www.amazon.com/privacy) (collectively, this "Agreement") before using Amazon Monitron Devices. By using Amazon Monitron Devices, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the Amazon Monitron Devices, and you may return it in accordance with the applicable return policy.

For the purpose of these Amazon Monitron Device Terms of Use:

“Amazon Monitron Device” means an Amazon Monitron sensor, Amazon Monitron gateway, or any Amazon hardware accessories for an Amazon Monitron sensor or gateway.

“AWS” means Amazon Web Services, Inc.

“AWS Account” means a unique AWS account provided solely to you for purposes of using the AWS Service Offerings.

“AWS Agreement” means the AWS Customer Agreement (available at https://aws.amazon.com/agreement/) or other agreement with AWS governing your use of the AWS Service Offerings.

“AWS Service Offerings” means the Service Offerings as defined in the AWS Agreement.

“AWS Site” means http://aws.amazon.com (and any successor or related site designated by us), as may be updated by us from time to time.

“End User” means an end user of your Amazon Monitron Device or Your Products.

“Other Services” means the Software, support, and other services (other than AWS Service Offerings) that we provide Amazon Monitron Device End Users.

“Personal Information” means any personal information you provide to us or collect from End Users, including without limitation audio recordings, names, e-mail addresses, and other personally identifiable information of such End Users.

“Services” means the AWS Service Offerings and Other Services.

“Software” means all software we make available to you for use on or with an Amazon Monitron Device.

“Suggestions” means all suggested improvements to the Amazon Monitron Devices or Services.

“Your Products” means your applications, products, or services that incorporate, connect to, or are used in conjunction with Amazon Monitron Devices.

1. Use of Amazon Monitron Devices and Software.

a. Permitted Uses and Limited License. Subject to your compliance with this Agreement, and your payment of any applicable fees: (i) you may use Amazon Monitron Devices for commercial, evaluation, and testing purposes; and (ii) Amazon grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Software solely on or in conjunction with Amazon Monitron Devices for the purposes of enabling you to use Amazon Monitron Devices and access the AWS Service Offerings in the manner permitted by this Agreement and the AWS Agreement, respectively. All rights not expressly granted to you in this Agreement are reserved and retained by Amazon or its licensors.

b. Restrictions and Additional Software Terms. Except as expressly permitted in writing by AWS with respect to Amazon Monitron Devices only, you may not reverse engineer, decompile, disassemble, remove, disable, tamper with, or bypass any components, features, mechanisms or protocols of Amazon Monitron Devices or the Software (except to the extent applicable law does not allow this restriction). You may not use Amazon Monitron Devices or the Software: (i) to perform or promote activities that are illegal; (ii) to violate or infringe the intellectual property, proprietary, or other rights of others; or (iii) in ways that may be harmful to others or to Amazon’s operations or reputation. From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Software (“Maintenance”). We agree to use reasonable efforts to provide you with prior notice of any scheduled Maintenance (except for emergency Maintenance) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about. We may initiate over the air (OTA) firmware updates to the Amazon Monitron Devices without prior notice to you. If you are a U.S. Government customer, we are licensing the Software to you as a "commercial item" as that term is defined in the Federal Acquisition Regulation (FAR) (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement. For the avoidance of doubt, this Agreement is a “commercial license” under the FAR. In the event of any conflict between this Agreement and any other Amazon or third-party terms applicable to any portion of the Software, such as open-source license terms, such other terms will control as to that portion of the Software and to the extent of the conflict.

2. Services. Use of certain features of the Amazon Monitron Device requires access to AWS Service Offerings. When you register for and use an AWS Account, your use of the AWS Service Offerings in connection with Amazon Monitron Devices will be governed by the AWS Agreement. Your use of any Other Services in connection with Amazon Monitron Devices is subject to any additional rules, policies, and terms that apply to those Other Services.

3. Use of Amazon Monitron Hardware

a. We will ship you the Amazon Monitron Devices that you have purchased and provide you with access to any purchased Software on the Amazon Monitron Devices. You agree that you will not allow any Amazon Monitron Device to leave the country to which the Amazon Monitron Device is shipped.

b. You are responsible for payment of all customs, duties, taxes, tariffs and any other governmental charges in connection with Amazon Monitron Devices being shipped to or from us.

c. You are responsible for any damage to, or loss of, an Amazon Monitron Device after delivery to you.

d. YOU ARE SOLELY RESPONSIBLE FOR APPLYING APPROPRIATE SECURITY MEASURES TO YOUR DATA AND YOUR USE OF AMAZON MONITRON DEVICES, INCLUDING ENCRYPTING SENSITIVE DATA AND NOT ALLOWING UNAUTHORIZED ACCESS TO ANY ACCESSORY.

e. AWS or its affiliates maintain all rights in the Software and is not selling, renting, leasing, or transferring any ownership, intellectual or other rights in the Software to you. You will not, and will not purport to, assign, grant, or transfer the Software or any interest in the Software to any individual or entity, and any such purported assignment, grant or transfer is void. Without limiting the foregoing, you will not (or attempt to), and will not permit or authorize third parties to (or attempt to), circumvent or disable any features or measures in the Software. You acknowledge that the Amazon Monitron Devices may be equipped with tamper monitoring.

f. You are responsible for complying with all applicable data protection, import, re-import, export, and re-export control laws, including any applicable license requirements, and country-specific sanctions programs. You are responsible for serving as the exporter and importer of record (as applicable) for your data, software, or technology, and you accept that AWS will not participate in the export or import procedure. If you are using Amazon Monitron Devices or Software for dual-use items in the European Union, you represent that you, or the legal entity you represent, are “established” in the European Union; or, if you are not “established” in the European Union, that you will not upload, request that we download, or export such dual-use items outside the European Union. If you are using Amazon Monitron Devices or Software in the European Union for military items, you represent that you, or the legal entity you represent, are permitted by the Member State of your incorporation to upload, request that we download or export any such military items from that Member State, and it is a condition of this Agreement and your use of AWS Import/Export that you are so permitted. “AWS Import/Export” includes Amazon Monitron Devices.

4. General

a. Your Use of Personal Information. You will: (i) provide clearly labeled, easily accessible and legally adequate privacy notices to End Users; (ii) obtain any necessary consent from End Users for the collection, use, transfer, and storage of any Personal Information; (iii) use and authorize others to access and use Personal Information only for the purposes permitted by the applicable End User; and (iv) ensure Personal Information is collected, used, transferred, and stored in accordance with applicable privacy notices and applicable laws.

b. Information Received. The Software may provide Amazon with information about use of your Amazon Monitron Devices and their interaction with the Services (such as available memory, up-time, log files, network diagnostics, location, connectivity and signal strength). This information, which will be handled in accordance with the AWS Privacy Notice (aws.amazon.com/privacy/), may be processed in the cloud to improve your experience and our products and services, and may be stored on servers outside the country in which you live.

c. Suggestions. If you provide any Suggestions, we will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.

d. Changes to Services; Amendments. We may change, suspend, or discontinue the Services, or any part of any 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 the AWS Site. Your continued use of Amazon Monitron Devices after the effective date of the revised Agreement constitutes your acceptance of the terms.

e. Termination. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. Amazon's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

f. Disputes/Binding Arbitration. Any dispute or claim relating in any way to your use of Amazon Monitron Devices or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act, applicable federal arbitration law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Amazon. 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 the terms of this Agreement 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, which are available at www.adr.org or by calling 1-800-778-7879. Payment of 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 unless the arbitrator determines the claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually agreed location. We and you 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 we and you waive any right to a jury trial. We and you both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

g. Indemnification. You will defend, indemnify, and hold harmless Amazon, our licensors, and our and their respective employees, officers, directors, contractors, and assigns against all claims, damages, losses, liabilities, and expenses arising out of or relating to any claim concerning: (i) your use of Amazon Monitron Devices or Other Services, (ii) your breach of any provision of this Agreement, or (iii) Your Products (individually, a “Claim” and collectively, the “Claims”). You will not consent to the entry of any judgment or settle any Claims without our prior written consent. You will use counsel reasonably satisfactory to us to defend any Claims. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations).

h. Disclaimer of Warranties and Limitation of Liability. TO THE FULL EXTENT PERMISSIBLE BY LAW AND UNLESS OTHERWISE SPECIFIED IN WRITING: (A) AMAZON MONITRON DEVICES AND OTHER SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; (B) WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF AMAZON MONITRON DEVICES OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THAT AMAZON MONITRON DEVICES OR THE OTHER SERVICES ARE ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) AMAZON MONITRON DEVICES AND OTHER SERVICES ARE NOT INTENDED FOR USE IN, OR IN ASSOCIATION WITH, THE OPERATION OF ANY HAZARDOUS ENVIRONMENTS OR CRITICAL SYSTEMS OR WHERE THE FAILURE OF AMAZON MONITRON DEVICES OR OTHER SERVICES COULD LEAD TO SERIOUS BODY INJURY OR DEATH OR CAUSE ENVIRONMENTAL OR PROPERTY DAMAGE, AND YOU ARE SOLELY RESPONSIBLE FOR LIABILITY THAT MAY ARISE IN CONNECTION WITH ANY SUCH USE; (D) YOUR USE OF AMAZON MONITRON DEVICESS AND THE OTHER SERVICES IS AT YOUR SOLE RISK; (E) WE AND OUR LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF AMAZON MONITRON DEVICES OR THE OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS, LOST DATA AND LOST REVENUE; AND (F) IN NO EVENT WILL OUR OR OUR LICENSORS' AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OR INABILITY TO USE AMAZON MONITRON DEVICES OR OTHER SERVICES EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT YOU ACTUALLY PAID FOR THE AMAZON MONITRON DEVICE.

DO NOT RELY ON RESULTS OF AMAZON MONITRON AS A SUBSTITUTE FOR REGULAR, SCHEDULED MAINTENANCE ON MACHINERY AND EQUIPMENT. WE DO NOT RECOMMEND THAT YOU TAKE ANY ACTION WITH RESPECT TO YOUR EQUIPMENT OR MACHINE BASED SOLELY ON INSIGHTS GAINED FROM AMAZON MONITRON.

j. Contact Information. For help with your Amazon Monitron Devices, Services, or resolving other issues, please contact Amazon Customer Support at 1-877-375-9365.